Lowell chasing 12 year old debt and claiming I made a £1 payment in 2008

[starflower81]

Hi there

 

I am hoping I can get some advice on Lowell.

 

They have been calling and texting me daily for a barclaycard debt from 2000. I am also getting letters from Red collection agency.

 

I sent them a prove it letter to which they sent me a credit agreement from 2000, I then sent them a statued barred letter.

 

Today I received a letter to say it is not statued barred as I made a £1 payment in 2008 and they will continue to chase for payment. II cannot recall making a payment as seems a strange amount.

 

Does anyone have any suggestions on what to do as the consent calls and texts are becoming unbearable

 

Thanks for reading

Has anyone got any

[Stigman]

Hi,

 

This is getting more and more common now where DCA's are applying this to trick the person that a payment has been made.

 

Lowell's have to supply you with proof that a payment has been made, copied and pasted below is a letter originally created by BrigadierJc2s...

 

Make a formal complaint to the Compliance Manager at Lowell.

 

Dear Sir or Madam

 

With reference to your letter regarding the alleged debt for xxxxxx

please not I do not acknowledge any debt to you or any company

you claim to represent.

I reject your claim that this alleged debt is NOT statute barred.

I therefore require you within 7 working days to provide strict proof

of the following matters regarding the alleged payment.

1. The exact date of the payment.

2. The method of payment, Debit/Credit card, Cheque, bank transfer ,cash.

3.If a cheque the Cheque number, the drawers name, the bank name and

sort code.

4. I any type of card the 16 digit card number, the expiry/issue dates, the name

of the card issuer and the 3 digit security code.

5.For any other method of payment a full explanation of the method of

payment to include bank transfer numbers and the account number and

drawers name.

Unless you provide the required evidence no further correspondence will

be entrered into.

 

****************************

 

Check your Credit file has not been trashed by Lowell's as well.

 

Red Debt Collection are also part of Lowell's, same as Hampton's Legal so don't worry about their useless pathetic threats.

 

Stigman

[ims21]

You need to write to them and demand their evidence of this £1 payment.

 

You want to know the full details....where it came from, how it was paid, the name of the bank from which the payment was made....the full works.

 

It is not unknown for these people to come up with phantom payments.

 

Head your letter "I don not acknowledge any debt to your company or any other that you claim to represent"

 

Remember, it is for them to prove this is not SB and not for you to prove it is.

[Stigman]

Does anyone have any suggestions on what to do as the consent calls and texts are becoming unbearable

 

Sorry, missed this bit out...

 

Include this template letter and amend to suit... http://www.consumeractiongroup.co.uk/forum/content.php?493-Harassment-by-telephone-response-letter

Include in the same envelope as the letter above.

 

When they ring again, simply say "in writing only" and hang up, refuse to go through any security questions.

Keep a record of all texts and time/dates of phone calls because these are important if it can be classed as harassment.

 

Just remember, Lowell's is a private company with no legal powers, they are not bailiffs!

 

Stigman

[robcag]

 

Today I received a letter to say it is not statued barred as I made a £1 payment in 2008 and they will continue to chase for payment. II cannot recall making a payment as seems a strange amount.

 

 

As they allege you paid £1 is it possible you made a CCA request at around that time? It's not unknown for DCAs to apply the £1 as a payment towards the alleged debt even though it is not intended for that purpose.

 

Rob

[ims21]

As they allege you paid £1 is it possible you made a CCA request at around that time? It's not unknown for DCAs to apply the £1 as a payment towards the alleged debt even though it is not intended for that purpose.

 

Rob

 

Yes, good point

[Bazooka Boo]

And of course make a very LOUD complaint to the OFT&TS via http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195948

This is not too dissimilar to what the banks have just been caught out doing, massaging interest rates to get business and drum up profits.

 

Technically FRAUD!

[Halibutt]

Bear in mind that if you suspect Lowell of making a fraudulent claim of payment in order to gain financial advantage, that's a criminal offence. Just a thought for when you complain to the relevant organisations. They're already under investigation as to their fitness to hold a Consumer Credit License. Every little nail helps...

[cups]

Yes, fraud by false representation would be a lovely criminal offence to use against them, not the first time they have done it either !!

[renegadeimp]

Yes, fraud by false representation would be a lovely criminal offence to use against them, not the first time they have done it either !!

 

As well as obtaining money by deception.

[starflower81]

Bear in mind that if you suspect Lowell of making a fraudulent claim of payment in order to gain financial advantage, that's a criminal offence. Just a thought for when you complain to the relevant organisations. They're already under investigation as to their fitness to hold a Consumer Credit License. Every little nail helps...

 

I have a feeling I may have sent them a CCA request which would explain the £1 payment. Does anyone think it would be a good idea to request all data they have on file ie a subject access request to prove what the £1 payment was for?

 

Thanks for the replies everyone

[Stigman]

I have a feeling I may have sent them a CCA request which would explain the £1 payment. Does anyone think it would be a good idea to request all data they have on file ie a subject access request to prove what the £1 payment was for?

 

Hi,

 

When you made the CCA request, did you include the reference of... "Note that these funds are not to be used for any other purpose" within the CCA letter that you sent?

 

Stigman

[sam tyler]

In your first post you state the debt was from 2000, had you made payments up until 2008 because if you didn't it might have been statute barred by that point anyway depending on your last payment and once something is SB there's no restarting that clock even if you then make a further payment.

[Bazooka Boo]

I have a feeling I may have sent them a CCA request which would explain the £1 payment. Does anyone think it would be a good idea to request all data they have on file ie a subject access request to prove what the £1 payment was for?

 

You would have them bang to rights IMO.

If they were tempted to pervert the course of justice by lying to a judge that the £ payment was not for the CCA but was for payment against the debt, then they would be laughed out of court and you would be able to sue for damages.

 

Everybody knows that the CCA costs £1, no-one in their right mind would pay £1 toward a debt of hundreds of pounds, it is absolutely ludicrous and these clowns are taking you for an uneducated moron, I personally would not be at all happy with their response, I would definitely be turning the thumb screws and having these eejitts answer to the OFT, TS and FOS.

[starflower81]

Hi,

 

When you made the CCA request, did you include the reference of... "Note that these funds are not to be used for any other purpose" within the CCA letter that you sent?

 

Stigman

 

 

If I did send a letter I would of included that statement. I think I am going to write back to them to demand they detail the payment and how it was made. If it was a postal order then I know it would of been a CCA request. Thanks for your comments and I am going to complain to OFT too.

 

Interestingly they have stopped calling me and texting daily since they replied to my letter too.

[rebel11]

Hi Star

 

Here are the OFT Guidelines on Debt Collection, well worth reading:- http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT664Rev.pdf

[panther12]

Always best to keep copies of all letters sent & received. I’ve done a few £1 cca requests (using third party cheque). Although it states not to be used for any other purpose some have used it to deduct the balance but come SB if they try that trick I keep a copy of the cheque details & letter.