Lowells....can they do this?

[Oxongirl]

Basically I have been chased by Lowell Portfolio for a debt concerning Redcats Finance that had not been acknowledged for around 5 years.

 

Last June I began to receive letters demanding payment, so I sent the letter asking for a copy of the signed agreement. In August 2010 I received a letter stating that there was no agreement and so the account was to be closed, they would not contact me again etc, etc. In September 2010 I received a letter that stated they would be returning the account to Redcats Finance, that they would be contacting all relevant CRA's to request deletion of all entries regarding this account.

 

ONE YEAR LATER, I have been receiving letters, texts and phone calls regarding this 'closed account' stating they require payment!

Today, 2nd September, I have received a letter from Lowell's stating this....

 

'We write in respect of the above account, which, as previously notified in writing we have purchased from Redcats Finance Ltd.

Your original creditor has provided us with the attached reconstituted copy of the credit agreement you entered into with them, which they confirm you would have signed prior to the granting of credit to you. We are not obliged to send you an exact copy of your signed agreement.

We are now entitled to receive payment of the balance of £...... from you as neither Redcats Finance Ltd nor ourselves are aware of any reason for non-payment.'

 

My question is this.....can they do this a year after I have in writing that they cannot find a signed copy of an agreement, and that they are closing the account. I also sent the letter a year ago stating that they should remove all my information etc, as per S10 of the DPA.

Also, are they obliged to send an exact copy of the agreement, or do they think the photocopy of 'a credit agreement' they have sent (with no information concerning myself) is reasonable??

 

After speaking to Trading Standards, I have today sent a letter by recorded delivery, including copies of their letters from last year.

 

Should I now just ignore these idiotic people? They have never removed any information from either their own files, or my credit file, and they have even admitted to me that they are STILL checking my credit file - the last time was last week!

 

Any information or ideas you can give would be gratefully appreciated.....these low lives are really starting to get me down, I thought all this had ended.

[PGH7447]

when was the last payment made by you on this debt?

[unclebulgaria67]

You have done the right thing sending them copies of previous correspondence. I expect that Lowell may reply that they are entitled to contact you again, once the original creditors provide a reconstituted copy of the CCA. They can do this, but it would not be easy for them to use it in court, as they would need witness statements from Redcats, about the processes and documents they had in use at the time. You would then argue in defence that the court could not be expected to give any credence to a reconstituted CCA, when only a year ago it was admitted that they did not have the agreement.

 

I would think that it would be highly unlikely that they would take any court action and that the account will become statute barred. It is just a case of waiting for Lowells response and then obtaining further advice on CAG or proper legal advice depending on their response.

 

Don't be surprised if Lowells don't respond to your letter and just continue to hassle you. They have a habit of losing correspondence. Just remind them each time that you are waiting for their response to your letter.

[Oxongirl]

Thank you for your quick replies

 

PGH7447 - Last payment made was June 2005.

 

Unclebulgaria67 - the 'credit agreement' they have sent is actually 'Your guide to shopping with Empire'.... It is just basically explaining how to order from the company, buying goods and cash back, home approval and returns, how to claim discount for recommending a friend, an order form, the Empire promise and how to complete a customer card.

 

Sorry but I'm pretty sure this does not even come close to being a credit agreement. Please correct me if I'm wrong, but I thought credit agreements included name/address, terms and conditions, signature...this has none

[sam614]

last payment june 05

 

statute barred then:lol:

[Revenant]

Hi

 

If there has been no other payment/written acknowledgement since the payment you mention in June 2005 it's been over 6yrs (5 in Scotland) so the debt has become Statute Barred and cannot be enforced

 

Seems like you're in the clear and Lowell are chancing their arm and assuming you wont know . . guess again

 

If you're 100% sure you could send the Stat Barred letter from the library . . http://www.consumeractiongroup.co.uk/forum/content.php?420-Letter-to-use-if-a-DCA-still-try-to-collect-after-Statute-Barred

 

OR

 

You could see what other twaddle they send then slap them with the SB letter

 

Good luck

 

R

[unclebulgaria67]

Yes does sound like a reconstituted copy of a CCA. Not an expert on reconstitited CCA's, but I thought that they had to be as close to the original CCA as possible. You would expect to see rights of cancellation, repayment terms, interest rates, charges i.e full terms and conditions for the account. It does not need to be the original, but it should be a copy of a CCA document that they used at the time.

 

Wait to see what Lowells say. In the meantime have a search through CAG and you will find threads about reconsituted agreements. Do your research and I am sure you will find plenty of info to help you if you need to draft a letter in response.

 

If it is statute barred with last payment in June 2005 they may not have realised this. You could therefore write back with the statute barred letter, with a note that the what they have sent you could not be considered a reconstituted CCA anyway.

[Oxongirl]

Well, I'm going on the copy statements that were sent to me last year as their 'proof', as they could not provide the agreement, and the last payment date from these statements was June 05.

[Revenant]

Well, I'm going on the copy statements that were sent to me last year as their 'proof', as they could not provide the agreement, and the last payment date from these statements was June 05.

 

Game over

 

In that case don't waste any more time or effort just send the Stat Barred letter then get on with things as they cannot touch you

 

R

[Oxongirl]

Thank you all for your helpful replies.

 

I will definitely be sending the SB letter on Monday, and will breathe a sigh of relief

 

Should try to get them to delete my information from their records, and that of credit ref agencies? Or is that just asking for more trouble from them? I had sent the letter concerning this last year but they did not comply.

[Desperate Daniella]

As it's Statute Barred they cannot make any more trouble for you so you should ask them to remove all the references. If you have any more problems with them you can report them to OFT, FOS, CSA and Uncle Tom Cobley and all!

[Oxongirl]

Thanks Desperate Daniella

 

I've decided to wait and see how, or if, they respond to the letter I have sent today in which I sent copies of their letters stating the account would be closed. Depending on the reply, I will then send the Stat Barred and possibly the request for confirmation of documents under CPUTR!