Lowell Red Chasing 7 year old debt

[tipo808]

Hi,

 

I have just received a second letter from Red debt collection agency for an old debt of which must be nearly 7 years old.

 

These are the only 2 letters I have received from them.

 

I have checked my credit file and their is nothing on it, there is no debt on there.

 

Also, I have had no contact from the original creditors or lowells since I defaulted on this credit card debt back in april/may 2006 and not paid anything since.

 

I am pretty sure this debt is statute barred.

 

They state they are 'passing this account to their Special Recoveries Team' to recover the money.

 

How do I know that the debt is SB for sure and what advise can anybody give for me to take next.

 

Lowells have also been searching my credit file, can they keep doing that after 6 years?

 

Thanks in advance.

tipo808

[sequenci]

If you believe it to be statute barred send them a letter telling them so. The onus would be on them to provve otherwise, and not you to prove it is!

 

Seq.

[citizenB]

If you are absolutely certain that you have made no payments for more than 6 years, then the debt is likely to be statute barred. Unless you write and thell them this and that you will not be making any payments towards a statute barred debt, then they will almost certainly continue to pursue you. There is a letter in the CAG library that you can use.

 

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

 

Some more information on statute barred debts..

 

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 DCA is extending limitation so they can sue when they are not allowed

to.

[tipo808]

Ok, thanks for the quick response. Which letter would I need to send to them? I do need to sign it and send it recorded delivery? Is there any advise you can give me when sending the letter?

[citizenB]

I have put the link to the letter in post 3 for you ! and yes, it is best that you send it at least via Recorded delivery so you have proof of receipt.

 

Make sure you read the letter first and amend where necessary.

 

DONT hand sign the letter - Either Print or sign digitally.

[BRIGADIER2JCS]

Hi Welcome to CAG,

 

 

OK, Statute Barred = 6 years no payment or written acknowledgment of the debt.

 

If that is true in your case senf the following to the Compliance Manager at Red/Lowell.

 

Ref: Use theirs.

 

Sir/Madam.

 

I refer to recent letters from Red Debt Collection regarding an alleged debt for £xxx .xx wish Red Claim is owed by me, please note I do not acknowledge any debt to Red or any company it may claim to represent

 

Having been prompted to check my credit history I have concluded that any such alleged debt is Statute Barred there for I will not make any payment now or in the future.

 

I remind you that should Red or any client of Red wish to dispute the ststus of the alleged debt the onus of providing unequivocal proof that the alleged debt is not statute barred falls entirely on Red and any client it may claim to represent.

 

Red will now cease to process all data relating to me and remove it from its records.

 

I am fully aware of the OFT Guidance on debt collection and the sections regarding the pursuit of statute barred debt.

 

This letter is sent by RM recorded delivery and receipt WILL be checked.

 

This is my final response.

[tipo808]

Ok, thank you for all your advice. The only thing I am concerned about is when the limitation clock started ticking and they have not some how brought it forward? The last payment/acknowlegment/contact was early 2006 around April/May and its not my credit file. So it must be SB. Thanks for all the advice, I will draft a letter and keep you updated.

[BRIGADIER2JCS]

Off credit file = 6 years have passed since default date, last payment up to 6 months prior to default date so should be ok by about a year!!

Remember Lowel must prove the debt is NOT SB if they want to dispute, you have to prove nothing, hence the phrase in the drafted letter ''unequivocal proof''.

[tipo808]

Ok, thank you BRIGADIER2JCS, CitizenB, sequenci for all your advice.

Just one last question, Lowells have also been searching my credit file, can they keep doing that after 6 years? They have obviously bought the debt and with it the right to search my credit file but how long for? How can I stop them keep searching my credit file?

[citizenB]

Once you have told them the debt is statute barred, then they might stop searching your file.

[BRIGADIER2JCS]

Does the default on the account have any time to run this is the crucial pont in stopping seaches and reporting on files.?

[tipo808]

I am not sure what the default date actually is, as its not on my credit report.

[dx100uk]

give the OC a quick call and ask them when the last payment was made

 

if they turn around and say there are no records

then its sb'd for sure.

 

dx

[tipo808]

I decided to wait for the next letter from Red/Lowells as I was curious what they would put in their letter next.

 

Just got their next letter which they state they have passed it over to their special recoveries team.

 

They also can suddenly offer me to pay 50% discount on the balance

and I have 10 days to arrange payment or they will send around a 'liscensed field agent' (will he have a gun?) to my home to discuss payment.

 

I have read on this forum somewhere that Lowells do not do 'doorstepping' is that true?

 

I will be sending the SB letter as advised earlier in this thread,

 

just wondered if anybody had any comments on this and if I just keep ignoring the letters what would could they do?

[dx100uk]

no doorsteppers have ANY legal powers

 

discount = no debt exists

 

they are trying to fleece you.

 

dx

[tipo808]

How do I know if I have a CCJ against me? There is nothing on my credit file regarding any CCJ's and are they void after 6 years?

[BRIGADIER2JCS]

Check Trustonline for CCJs.

CCJs are removed from CRA files after 6 years and from then on the claimant must apply to the court if they wish to restart the claim, this is rarely granted except in exceptional circumstsnces.

[tipo808]

If I did have a CCJ recorded against me that I am unaware of, would this make the debt not statute barred, even though its over 6 years old.

[BRIGADIER2JCS]

Correct if a judgement is in place the debt is not SB but as said a claimant would have to show extaordinary reasons for a court to allow enforcement after 6 years.

[citizenB]

If I did have a CCJ recorded against me that I am unaware of, would this make the debt not statute barred, even though its over 6 years old.

 

If htere is a CCJ then the debt will not be statute barred - although if you have not made any payment toward a CCJ then the Claimant would have to ask the court for permission to enforce and they would have to give a pretty good reason why they have left it so long.

 

Suggest you check trust online - if there is no CCJ, then chances are the debt is statute barred and unless you send the SB letter and let them know it is statute barred and will not be making any payments then they will continue to contact you.

[tipo808]

Ok, I drafted and posted a letter based on Brigadier2JCS as above, this was sent recorded delivery last week, which I have proof of delivery. I have just received another letter from Red which states 'you must pay this debt' and I have not taken them up on the generous discount or arrange payment offer. They say they will be sending my account onto a field agent and goes on to say 'make us an offer what I can afford', lump sum or monthly payment. They also say if I do not arrange anything they will send my account to an agent who will arrange to visit my home to negotiate settlement.

There is no reference to the letter I sent them at all. Do they choose to ignore any letters I send them even though it was recorded and will they just continue sending their begging letters?

Any further advise on what steps to make would be much appreciated, thanks.

[BRIGADIER2JCS]

Hi tipo,

 

This is typical Lowell /Red tactics so send the following addressed ad berfore.

 

Sir/ Madam,

 

I refer to your letter dated xx xx xxxx and my letter dated xx xx xxxx sent by recorded delivery and signed for by Lowell/Red on xx xx xxxx , I fail to understand why Red has decided to to ignore my correspondence and state again the alleged debt is statute barred and I will not be making any payments.

 

I remind Lowell/Red of the OFT Guidance on Debt Collection 2003/2012 and the sections regarding the pursuit of ststute barred debt.

 

I will therefore be making a complaint to the OFT regarding the conduct of Red/Lowell in regard to this matter.

 

I now require Red/Lowell to cease processing any data relating to me and to remove it from its records, Lowell will now confirm that these instructions have been complied with and the file closed.

 

This IS my final response.

 

 

Get that off RD.

 

Brig.

[citizenB]

So you have sent a Statute Barred letter which they have indeed received.

 

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

 

The link above is to a follow up letter where you have already advised that the account is statute barred and that you will not be paying. This letter just confirms what you have already said. You should send the original to Lowells at their Head /registered office - with a copy to Red (who are Lowells anyway) but it gets the message home.

 

If they continue to pursue after receipt of this 2nd letter then you should consider a claim for harrassment.

[BRIGADIER2JCS]

1 minute apart CB

[citizenB]