Lowell reply to my statute barred letter

[harvie]

hi

can someone please advise me whether i should reply to Lowell who are chasing me for a debt approx 8years old.i have not acknowledged this debt so far,they are saying they have obtained a copy of my credit file to identify my residence and have noticed i am making payment to a mobile company or a credit card or a bank from this address.thanks for any help

[Geordie911]

Hi NO don't reply if you have had NO contact in 8yrs then they are fishing the debt will be stature barred...Ignore

[BRIGADIER2JCS]

Hi, First thing to do is check your credit files,

there is a good chance the debt is statute

barred if no payment or acknowledgement

in writing has been made in 6 clear years.

You need to be sure of the date of the last

payment.

[citizenB]

Ooh, arent they so clever.. they have obtained information about you.. !!

 

Doesnt it make it sound really sinister that they can find these things out. Erm.. nope.. most of it would have been on your credit reference files, electoral roll and almost certainly passed on to them by the original creditor.

 

When was the last time you made any payments to the debt they are purusing? If more than 6 years ago then it will almost certainly be statute barred. Meaning that although the debt still exists, they will be unable to pursue you for it.

 

Have you checked your own credit reference files to see if this debt has been recorded. If it isnt mentioned on the files, then it is likely SB'd.

 

Perhaps if you give us a little more information, we can advise further.

[harvie]

hi

not made a payment since i was forced to sell my home when my marriage broke up, well over 8 years.

i have not checked my credit file. the debt is owed to capital one.

if i carry on ignoring their letters will they eventually stop? really worried in case i get a knock on my door.

really appreciate any help.

[BRIGADIER2JCS]

Get your credit files checked.

[cerberusalert]

A complaint to th ICO too, they should not be processing your data nor searching your credit file on a Statute Barred debt.

[citizenB]

There is a letter in the CAG library, linked at the top of each screen. You will find a letter in respect of SB debts that you can send.

 

http://www.consumeractiongroup.co.uk/forum/content.php?408-Letter-sent-when-debt-is-statute-barred

 

http://www.consumeractiongroup.co.uk/forum/content.php?420-Letter-to-use-if-a-DCA-still-try-to-collect-after-Statute-Barred

 

Have a read of both, decide which one is suitable and send recorded delivery. Keep the receipt and check the RM website to see when delivery is made - print off the page that includes both the date and signature and keep with your copy of the letter and recorded delivery slip.

[harvie]

many thanks for all who advised

[harvie]

hi

i have recently received several letters from red debt collection services. as previously advised.i have printed off a statute barred letter to send to them.

my question is, should i address the letter to the collection manager, or should it be addressed to a specific person? thanks.

[citizenB]

Send it to their Head/Registered office, with a copy to the collections manager.

 

Send the Head office copy by a signed for mail service.. recorded/special delivery. Send the copy to the Collections Manager 1st or 2nd class mail, with just a free proof of posting from the post office. Keep all post office receipts.

[harvie]

many thanks

[dx100uk]

threads merged

 

please keep to ONE thread per debt

 

dx

[harvie]

posted the original problem in jan/feb and have tried to keep to the same thread but have no idea where tonight's post has gone

 

so started a new thread.sorry.

 

i sent Lowell a statute barred letter as advised and have just received a reply from them. Office of fair trading information sheet and a statement of my account.

" This notice is being given to you as required by the Consumer Credit Act 1974 because you fell behind with your payments under this agreement with your original creditor"

 

Statement date: 24/02/2012

Period covered: 01/10/2010 to 31/01/2012

 

Goes on with account summery ...

 

the original creditor was capital one.

This debt was from 2000/2001

i have not sent any payments or any correspondence,apart from the statute barred letter,last week.

 

i have no idea what to respond back with.

thanks in advance to any one who advises.

[BRIGADIER2JCS]

Have you checked your credit ref files?

Sounds like letters have crossed in the

post.

Just send this,

Dear Sir or Madam,

I do not acknowledge any debt to you or

any company yo claim to represent.

Please take note that as previously notified

this alleged debt is statute barred and I would

not be making any payment or offer of payment

now or in the future, therefore please desist

from further contact.

I am sure I do not need to remind you of the OFT

Guidance 2011 regarding SB debt and in particular

those sections regarding selling or assigning SB debt

with out notifying the purchaser or assignee of the

status of the debt.

Send RD to their compliance manager.

[gregs07]

I've had a few of these letters we've established you've got a mobile phone a bank account a credit card you're a man or a woman you'll have birthday this year. Total rubbish don't phone them. File under b for bin.