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Debt with Lowells and Abbey National


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Hi,

 

Hope I am sitting in the right forum for this one.

 

I am like the rest in this forum having fun with said company - not.

 

They are chasing me for an account with AN before they became Santander, that I had oh some 10-13 old years ago, which was closed before I went to Australia in 2000.

 

I never banked again with them unfortunately went the Woolwich then Barclay's, but that's a hold different story.

 

Their letter seems to infer that they have no intention of writing or dismissing this debt.

 

there words are "We have no intention of writing off this debt and therefore you need to make an arrangement to pay" i guess on a payment plan.

 

Is this within the letter of the law, strong arm tactics like this ?,

 

also does this debt not fall into the Status Limitations and can not be recovered by these companies?.

 

I am confused by the law and what it states and how to respond?.

 

if anyone can give me some advise, pointers I would be grateful.

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Sounds to me as though this debt is statute barred.

 

Have you made any payment or acknowledged liability for a period of 6 years ?

 

 

Many DCAs will argue that limitation accrues from the time when the "default notice" is issued. It does not.

 

Limitation clock starts ticking from when the payment is due and not paid not when they send a default notice.

 

We see often that CRA entries will date 5 or 6 months ahead of when the payment was missed.

 

People need to be sure that they aren’t being hoodwinked and that the DCAlink3.gif is extending limitation so they can sue when they are not allowed to.

 

 

SB debts - Swansea City Council.pdf

 

 

 

If you need a defence for a Statute Barred defence, the following would be more than sufficient.

 

 

 

1: The Claimant's claim was issued on (date).

 

2: The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 yearslink3.gifhave elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3: The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

 

Signed:

 

 

 

 

 

 

There is a letter in the CAG library that you can send to Lowells advising that the account is statute barred and that you will NOT be paying.

 

There are some reports of DCAs claiming that a payment (Phantom) has been made to the account at some point. In which case you simply demand proof that the payment was made by you.

 

Send the letter from the library by at the very least Recorded delivery and to their Head/Registered office.

 

HTH

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Uploading documents to CAG ** Instructions **

 

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Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

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4: Staying Calm About Debt  Read Here

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2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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I would say also that you need to make a complaint to the Office of Fair Trading.

 

The letter sent by Lowells does appear to breach the OFT guidelines and IMHO is a blatant threat.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 1 month later...

Hi,

 

I wonder if someone could please give me some advise to this above.

 

I have or at least it is suggested I have an outstanding balance with then Abbey National somewhere around 1992 ish, can't be certain but for sure it's over 10 years.

 

Only now have via Lowells then Hamptons which I believe are part of the same business or group.

 

I have no idea if this is by default statued barred or not, is there a way to find out?.

 

And for sure I can't see it on my Cedit Report on all three of them, and strangely enough I now bank with Santader but got my account running no problems.

 

They are using I guess threat tactics in these letters of theirs, so say they are considering court action, and I will be ordered to pay them,

I assuming they know they are going to win, and have it take from my wages, so effectively for two and bit months have no income. Nice..

 

They are also trying to be nice guys and offering a discount of 25% so paying at least £30 pm.

 

I owe according to these guys £2252.55. I have no idea of the amount that was supposed to be in the account as it was closed down

and I moved elsewhere to another bank then closed that one as I moved to Australia for short time before returning and starting with Woolwich then Barclays.

 

So my question is to

 

I replyntonthese guys stating about statued barred ?,

 

I know you have templates with these on it,

but is it better via post recorded delivery or email not sure not going to ring them as I know in will get heated.

 

This type of thing is happening to another a count that is over 6 years as well and I have Credit services on my back as well.

 

Can they do anything in this regards, bankrupt me, come to my door and take anything they like to that value.

 

Any advise please for my peace of mind.

 

Kind Regards

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it is statute barred END OF!!

 

there is nothing they can do to you

 

send the SB letter from the green library tab top left.

 

end of!

 

once you have told them its SB'd all collection activity should cease.

 

they are a DCA fake/tame solicitor they are NOT BAILIFFS

 

they have NO SUCH LEGAL powers

 

NO_ONE not even a JUDGE can unbar an SB'd debt

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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