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Egg / Lowell - *** Lowell Bite The Dust Again - Debt Is Statute Barred - SUCCESS ***


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Hi can anyone give me some advice please, I have been in dispute with Egg PLC since 2007, The dispute is over an alleged loan and credit cards, to cut a long story short Egg PLC have assigned/ sold my alleged debt to Lowell Portfolio 1, my question is, is this legal whilst the account was in dispute?

 

Regards

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Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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17 Port & Maritime Regiment RCT

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Hi,

 

I think the commitment not to sell a debt in dispute exists only in the Banking Code, and is not a point of law. The closest I know of is the Consumer Credit Act of 1974, where it becomes a legal matter to continue demanding payment if you cannot provide details of the debt.

 

Basically the CCA (1974) stipulates that a lender cannot sell a debt whilst the account is in dispute, its all linked through s.10 of the CCA which is a cease & desist instruction that means the lender cannot do much whilst the debt is queried, i.e. in dispute.

 

....................................................................................................................

 

 

This account is now formally placed into dispute and you should also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with the three (3) Credit Reference Agencies. Should you refuse to comply, you must within 21 days, provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; you must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond then I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The farcical way in which I’ve been treated gives a clear basis for dispute and as such the following applies:

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you;

* Any payment previously made should be refunded immediately;

* You may not add further interest or any charges to the account;

* You may not pass the account to a third party;

* You may not register any information in respect of the account with any credit reference agency;

* You may not issue a default notice related to the account.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi maroondevo52, I use the template which cerberusalert sent, or should I just use the information you outlined in the post,

 

Regards

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If you have already informed Egg that you dispute the a/c just send the letter in post #2 to Lowells.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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  • 3 months later...

I have been dealing with the above issue with lowell, but the keep ignoring my requests, they keep refering to the letter of assignment they sent, which they say is sufficient to make the sale of the alledged debt effective under the law of property act 1925, but as i mentioned above, my account with egg plc was in dispute when it was sold to egg,

please can anyone advise me.

 

Regards

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Lowell's are complete idiots and chancers.

 

They are well aware of the proper procedures and ignore them as their standard practice.

 

They will not take any notice of any of your letters, I know because I been in the same situation.

 

If they bought a debt that is in dispute then the joke is on them as it's a lemon, if they have been assigned to collect, then just let them waste their time and paper.

 

Send them the letter above and go and have a coffee with a big smile on your face.

 

Lowell's are a running joke and should be treated with utter contempt!

 

(waves to Lowell's, and blows kisses)

 

RI

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Thank RI, they really are a bunch of twits, This account has been in dispute since 2007, if they had all the information they said they had, then I don't think that they would just be sending me letters, surely they would have taken it to court by now?

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As I said, Lowell's are complete chancers!

 

They can't take anyone to court as 99% of debts they get their grubby hands on are unenforcable or Staute Barred.

 

I would say yours is unenforcable and close to being Statute Barred!

 

As long as you have got proof that you have placed the account in dispute with Egg in 2007 then tell Lowell's to 'Feck Off' and ignore their drivel.

 

Also, make sure you report them to the OFT etc.

 

Don't even waste your time opening their letters!

 

They really are the Loosers From Leeds!

 

(big hugs to guests!)

 

RI

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  • 2 years later...

Hello again, it's been over 2 years since I last posted, on Friday I had a letter from Lowell requesting payment for the alleged debt, can anyone tell me when an account becomes statue barred and what does it mean,

Regards

Yoker

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Hi yorker,

 

A debt will be "Statute Barred" if there has been no acknowledgement of the debt by you making a payment or in writing within the relevant limitation period.

The debt would then be legally unenforceable.

 

If you are in England/Wales then the limitation period is 6 years and in Scotland 5.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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How are you doing, long time no see, I take it this 'debt' does not show on your credit file.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Yes fresh credit checks are needed.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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What am I looking for in the credit history, no payments have been made for over 6 years, Lowell purchased the alleged debt in 2009 and I have never acknowledged the alleged debt with them, then I took your advice 2 years ago and all went quiet till now, is the default date that last time any payment was made ? or will Lowell of tried something underhand ?

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Possibly the latter which is why you need to check your file. Trust them at your peril.

Default date is roughly when you started to miss payments, if it's not on your file then it's probably SB and I'd tell them to prove it isn't.

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Hello all and thank you again for your help, I have checked my credit file and the alleged dept accounts are closed, and have been closed since 2008, the odd thing is that each alleged account has two entries, one with a £0 balance and satisfied and one with the alleged outstanding amount, but all are showing closed, my credit record doesn't show any open credit accounts ?

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Good morning, Maroondevo asked me to look in again.

 

My thinking is that LOWELL were not the ' first new owner' of the debt, more than possible because debt is sold in bulk lots and debt purchasers will sell on some of a portfolio.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hello again, I have a letter from Egg stating that they have sold the alleged dept to Lowell and a letter from Lowell stating that they had purchased the debt, but the the dates do not match what is on my credit report, (18 months wrong)

Egg never informed me that the dept had been sold to anyone else and only to Lowell, my credit report shows the following information. Card 1 - opening balance £0 - closing balance £0 - ( S )The account has been satisfactorily closed Jan 2008 - then the details are duplicated and an opening balance of £0 and a default balance of £x is shown but account is closed - closed date jan 2008 ( D ) A notice of default has been served. This usually arises from non-payment.

Default was applied ofter 2 missed payments, both accounts show CLOSED on my credit report.

Hope this helps

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Lowell have yet to update files it seems, it matters not now when Lowell acquired the accounts (s). Just as long as the default dates remain those shown on the original CRA files, so check any new CRA entries ON ALL 3 main agencies.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I have used checkmyfile.com is this ok or should I check the individual companies, does it make any difference that the accounts are shown as closed and not active/ open

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CMF is using 2nd hand data so may not be up to date.

Experian and or Equifax will give better results.

All you are looking for now is entries by Lowell.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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