LOWELL dubious aggreement help

[ziggy04]

Hello

 

Lowell have been pursuing me for old catalogue debt from Catalogue firm empire stores for some time,

 

i had a letter back months ago saying they could not obtain an agreement because it was such a long time ago,

but to my amazement i received a photo copy of a customer shopping card with my name and old address fom the 90's on it no signature or date and are demanding payment forthwith.

 

By the way the handwriting is not mine.

 

Can someone tell me if this constitutes an official agreement,a

 

ny advice would be gratefully received

 

thankyou

[dx100uk]

prob statute barred ignore them!!

 

they are trying to spoof you

 

dx

[PGH7447]

How nice a customer shopping card that could have been photoshopped from anywhere - send them a photocopy of a cheque and tell them to cash that

[ziggy04]

Last time i heard from them they stated that they had closed the file as they could not locate the credit agreement, and now as if by magic ,a photocopy of a payment card appears and record of payment that are completely blank with just my name scribbled on it, its a bit worrying that they can demand payment on the basis of this so called 'evidence'

Edited October 8, 2012 by ziggy04
spelling

[Oscar71]

Could constitute fraud... i.e they are fraudulently trying to make out it is your card. I would challenge it and state if it is pursued by them you will sue them for fraud.

[BRIGADIER2JCS]

When was the last payment made on this, is it on yor credit refrence files?

[Staraker]

Remind them (with as much sarcasm as you can muster) that as you haven't lived at the address since the 1990s, it must be stat-barred at least twice over!

[DonkeyB]

Could constitute fraud... i.e they are fraudulently trying to make out it is your card. I would challenge it and state if it is pursued by them you will sue them for fraud.

 

But probably not. These items may well relate to the account, but they do not constitute an agreement. More likely to indicate that if it was a charge card, it will not fall under the CCA.

 

Remind them (with as much sarcasm as you can muster) that as you haven't lived at the address since the 1990s, it must be stat-barred at least twice over!

 

The OP has given no indication as yet that the account is SB – only that it was taken out a long time ago. Subtle but important difference.

[BRIGADIER2JCS]

But probably not. These items may well relate to the account, but they do not constitute an agreement. More likely to indicate that if it was a charge card, it will not fall under the CCA.

 

 

 

The OP has given no indication as yet that the account is SB – only that it was taken out a long time ago. Subtle but important difference.

 

Indeed so DB.

 

Please gives the times scale - statute barred == 6 clear years with no payments and no written acknowledgment of the debt in writting.

[Staraker]

The OP has given no indication as yet that the account is SB – only that it was taken out a long time ago. Subtle but important difference.

 

The OP has certainly given enough indication of just how old the account is to begin with, i.e. at least 12 years. If the payment card doesn't actually have any payments on it, that suggests - surprise! - no payments for the same length of time. Perhaps they did otherwise acknowledge a debt between 1999 and 2006, but I would have thought it unlikely....

[DonkeyB]

The OP has certainly given enough indication of just how old the account is to begin with, i.e. at least 12 years. If the payment card doesn't actually have any payments on it, that suggests - surprise! - no payments for the same length of time. Perhaps they did otherwise acknowledge a debt between 1999 and 2006, but I would have thought it unlikely....

 

Exactly – we don’t know till we get the info! May have been converted to a credit agreement for all we know. But they sound desperate.

[BRIGADIER2JCS]

Having dealt over the years with ''catalogue' debts I have often found that the person has at some time made a payment some times more than once in a long period when they have been contacted by the creditor resetting the 6 year clock each time.

#

We need to know for certain when the last payment was made.

[ziggy04]

Hello kind people, and thankyou for your comments and help,much appreciated.

 

I have been searching for any paperwork or correspondence regarding this matter with Lowell/Empire.

 

I did have an account with Empire for many years without any problems, foolishly i let a family member order goods but they never paid up,

so this debt was left outstanding and

 

my husband is on a low pension and didn't have funds to pay and still don't,

 

this debt was round year 2000, we have moved five times since then.

 

During 06/08 i had been suffering.from stress related illness which culminated with me having bells palsy,

we were bombarded with calls from debt collectors as we were having a few financial problems of our own,

my son was helping me sort things out,

 

but my memory is a bit patchy at the best of times and i can't remember who the debt collector was back then

but it is possible that a payment was made around 2008 but it wasn't Lowell back then

 

Lowell have not given me any details regarding any payments made on the accound, prior to Lowells aquiring the debt

i hadn't heard from any debt collector regarding this account for over 3 yrs

 

I can't afford to pay what they are asking as its over £700 we just don't have that sort of money.

 

We have cleared the best parts of our debts over the last few years but times are hard as it is it for most folk these days.

 

I have been well and truly fleeced and ripped by debt collectors and i'm not sure what to do about Lowell,

they are rather persistant i know they are known for using underhanded tactics ,i'm feeling stressed thinking about it!

[BRIGADIER2JCS]

If there has been no payment or acknowledgment in writting for 6 clear years the debt is statute barred.

Check your credir reference files to see whats there.

These people have no legal authority what so ever so don't worry on that score,please DO NOT be tempted to phone Lowell.

[ziggy04]

Thankyou very much, No i won't phone them, the phone has been ringing alot have to leave answerphone on as it is constant at the moment

[dx100uk]

ziggy

 

get you cra file

 

see below

 

dx