Lowell/No CCA/Statute Barred

[toffeepoppet]

Hi,

 

I started receiving letters from Lowell about 6 months ago stating that they were pursuing me for an old Capital One debt of £469. I genuinely don't think this debt is correct as I closed my old Capital One account years ago and in fact now have one of their 'premium' cards (I use the term loosely).

 

After looking at this board I asked them to send me a copy of the credit agreement as they stated a previous address for me that I had never heard of and I wanted to to see proof that the debt was definitely attributed to me. They told me that was fine and it would be on hold until then. About a month ago I started getting letters from Red demanding payment on behalf of Lowell for the same debt. I've just called them and asked them about the Credit Agreement and they said that due to the nature and age of the account they couldn't get one but they had a statement from August 2004, this was never sent to me. I told them I was genuinely concerned that not only couldn't they provide me with the CCA, they had a wrong address and the debt was over 7 years old. He said that they couldn't chase me through court but they could continue to pester me and had requested a copy of my credit file.

 

I am genuinely not trying to avoid paying money I owe, I have spent a long time sorting out my finances from my younger years. However I'm genuinely wary about this debt. I did have a card around that time, however I do not know of £400 being owed on it. I have also never heard anything from Capital One despite being a customer of theirs again.

 

I'm now worried because I told the guy on the phone that I did have a card but I did not accept that I owed that money without proof that action can be taken against me. I haven't been in this situation before and I'm also tempted to pay the 50% discount they offered just to prevent them putting a default on my record which I'm genuinely worried about.

 

Sorry this is so long, hope one of you knowledgeable peeps can help!

[Conniff]

Don't worry poppet, there is absolutely nothing they can do about it even if it does exist. It's statute barred and that's the end of it.

 

Red/Lowell buy up all the rubbish that no other debt company will touch and then try their luck at frightening people into paying.

 

You have 3 choices, write to them saying no further correspondence will be entered into until they send you proof of a current outstanding debt, write to them laughing at them for buying up statute barred debts, or just ignoring them completely.

 

The first option will make them pass it to another desk with another name and try again, the second option is very tempting, but the best option is the third and just file away any further letters you get.

 

P.S. Oops, Welcome to our forums.

 

Do not phone them again - ever

[firstship]

Hi,DO NOT even consider paying the 50% they have offered because the account will not be settled,they will sell the balance to another DCA,and you will be admitting the debt.

 

Simply state You do not acknowledge any debt,the address you are quoting is nothing to do with me,and according to your letter you are chasing a debt that is 7 years old at least which I am sure you are aware is unacceptable.As a DCA you are aware the course you are taking is so much in contravention of the Lending Code of Practice,and OFT guidelines,should you contact me again the relevant agencies will be involved.Or words to that effect.

 

 

FS