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Lowell chasing me - THEY HAVE NOW CONFIRMED ACCOUNTS STATUTE BARRED


LEEPEARL
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Hi

 

I have recently received two letters from Lowell chasing a old debts, Neither of them appear on my credit fil

 

I want to get this sorted asap have just managed to get Wesclot of my back regarding a CCJ and am in the mood to fight this lot now.

 

The letters are both their standard we want to help you clear your account and we may send someone round for a cup of tea to collect the money etc.

 

What is my best course of action, Should I cca them or sar I'm pretty sure the debts are SB, but cant be sure.

 

Also around a year ago they sent letters saying I can pay the debts at a reduced rate.

 

Hope someone can advise on this one

Thanks

L

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If the debts are the type that have a CCA, then CCA them and ask for details of the last date of payment.

 

If you know the original creditor details and have not paid anything to anyone else, you could also just phone the original creditors to find out the last payment date information. If it was more than 6 years ago, then you could send Lowells statute barred letters with some confidence. Not being on your credit record, suggests SB'd.

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and we may send someone round for a cup of tea to collect the money etc.

 

I would love a letter like that :-)

I would enjoy writing back and saying that, 'as a Mormon I find that suggestion offensive'

It would be worth the stamp just to see the reply.

 

More seriously, I too would be surprised if they are not Statute Barred. A bit of homework/research may well stop this in its tracks.

 

Good luck

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Halifax - PPI claim - £2,800

NatWest - debt identified as statute barred - £1,900

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Sorry didn't really explain the debts on my last post, They're both Credit Cards one Egg and one MBNA.

 

I did send a letter asking for details of last payment they signed for on the 16thoct but they haven't responded to that, I have received another letter today saying we want to help etc.

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Be cautious as Lowell like to send out stat demands....if you haven't made a payment or acknowledged it in writing for 6 years (5 in Scotland) then it will be statute barred - send this letter recorded delivery - http://www.consumeractiongroup.co.uk/forum/content.php?408-Letter-sent-when-debt-is-statute-barred

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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Be cautious as Lowell like to send out stat demands....if you haven't made a payment or acknowledged it in writing for 6 years (5 in Scotland) then it will be statute barred - send this letter recorded delivery - http://www.consumeractiongroup.co.uk/forum/content.php?408-Letter-sent-when-debt-is-statute-barred

 

 

Thanks 42man, This is the thing I don't actually know if they are, I cant look at my bank statements as I didn't have a bank account at that time.

 

Do you think a CCA and asking for proof of last payment is the best way forward, Or shall I remind them I have already asked for this in the letter they signed for is there some sort of template/standard letter I can send.

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Not on credit files so more than 6 years since default, do you know the date of the last payment and or written acknowledgment?

Have you any idea of the default date, given those details we can probably save the cost of CCA or SAR.

 

Last payment can be up to 5months prior to the default date. And knowing Lowell have a tranch of sb debts on their books this letter can do no harm.

 

Given that 6 years no written acknowledgment and no payment I suggest the following letter to their compliance manager.

 

Ref: as on their letter.

 

Dear Sir or Madam,

 

I refer to your letter dated xx xx xxxx inwhich you claim that I owe a debt for £xxxxx originally for xxxxxxx, please note I do not acknowledge any debt to Lowell or any company you may claim to represent.

 

I have taken the time to research the alleged debt and have concluded that it would now be statute barrred, therefor I will not now or at any time in the future make any payment or offer of payment in regard to the alleged debt.

 

I am fully aware from my research that Lowell may seek to challenge my statement I am also aware that the onus of proof lies fullly with Lowell to prove irrefutably that the alleged debt in not statute barred.

 

I have been made aware of the OFT Guidance on Dept Collection 2003/2011 and the sections regarding the pursuit of statute barred debt.

 

You WILL now cease to process or store any data relating to me and remove it from your records.

 

This is my final response.

 

send RD trace delivery.

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  • 2 weeks later...

lowellcopy.jpg

 

Hi there

I received this today where should I go from here you think, Its in response to the letter below I sent signed for by them on the 15/10/12 .

 

Thanks

 

 

Dear Sir/Madam

 

Firstly, no debt is acknowledged to you.

 

Account no: and

 

You have contacted me regarding the above accounts with the above reference numbers, which you claim is owed by myself.

 

I would point out that I have no knowledge of any such debt being owed to LOWELL.

I am familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable.

 

In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

 

I await your written confirmation that this matter is now closed.

 

Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I look forward to your reply.

 

Yours faithfully

Edited by LEEPEARL
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So are the debts statute barred as you suspected ? It is really important you find that out....you could possibly send the statute barred letter in the first instance. Lowell have been known to say that a 'mystery' payment was made so advance with caution.

  • Confused 1

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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Time to get the letter in post# 7 sent by recorded delivery!!!

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None what ever it is not an acknowledgment of the debt, could bring up useful data too.

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  • 3 weeks later...

Latest response from Lowell:

 

Dear Mr xxxxxx,

 

Thank you for your recent letter.

 

We note your comments and can confirm on our records that you acknowledged the accounts by making payments on 22.05.2007 of £1 for account xxxxxxx and 17.05.2007 of £1 for account xxxxxxx and therefore, unfortunately the Limitation Act 1980 Section 5 is not applicable in your case.

The statements which we have requested for both accounts will show the last payments to our clients which will include the last payment as noted above for account xxxxxxxxx. In regards to account xxxxxx we advise that a current Period of limitation may be repeatedly extended under this section by further acknowledgment or payment. The above payment relates to this and was made to us as shown below:

 

lowellpayments.jpg

 

 

The accounts will remain on hold until we receive the statements from our clients.

 

We trust this clarifies the matter.

 

Yours sincerely

 

 

xxxxxxxxxxxxxxx

Customer Services

 

 

I responded to the email pointing out that I did not have a cheque book at that point in my life (I think a family member made some payments so that may be a problem) But looking at the dates there is a huge gap between the last two payment dates wich leads me to believe the 2007 payment is made up by lowell.

 

I haven't cca'd them yet should I do this now?

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Were the £1 payments for a CCA request by any chance ?

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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I would certainly be writing back stating that the £1 was of no acknowledgment of the debt and was a formal request for a copy of the agreement....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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I don't think I've ever requested a cca from Lowell regarding these debts, I need to find out if a payment was made to them by cheque from my family member.

 

Also should I say that the last payment was for a cca request and see what they come back with?

 

Or should I cca them now I doubt they have the paperwork

 

Thanks

l

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I think A CCA request would be a good move....you know what Lowells are like from reading around these forums.

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Demand the details

1. What bank was the cheque drawn on

2 The Cheque Number

3. The sort code

4 the name of the account holder.

  • Haha 1

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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CCA requests are sent recorded delivery with a £1 postal order.

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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