Lowell portfolio

[rjrs0510]

hi there,

 

I recently returned to the UK after 12 years abroad. In those 12 years I didnt have a bank account etc and have received no mail from any DCA'a for the past 10 years. I recently opened a bank account and I guess that has put me back on the system. Lowell Porfolio rang my brother (who lives at an address that I have never even visited let alone lived at) asking for me. Then I checked experian and I see that they made two enquiries in the last month. My experian file is clean, and any debts that I had (old style student loan & credit card) are now all statute barred as they are from over 13 years ago. Anyway, I wrote them an email and sent a letter (copying a letter from another SAG member):

 

 

Dear Lowell Portfolio 1 Ltd

 

During a recent review of my Experian credit file, I was extremely concerned to note a total of 2 unauthorised credit searches by your organisation in the last 1 month at my current address. As a company I have no known or acknowledged financial relationship with, I must advise you that I find it completely unacceptable that you would access my personal data with a Credit Agency with this kind of regularity, without my consent. Futhermore, I believe that you contacted a family member requesting information about me.

 

Research on the Internet would suggest that you are a Debt Collection company.

 

Please note that I do not acknowledge any outstanding debts to either your organisation, or any organisation you claim to be acting on behalf of.

 

Given the fact that my credit files with both Experian and Equifax show no outstanding, defaulted debts to any creditors within the last 6 years (the time period for which defaults display, I believe) it must also be concluded that any alleged debt related to these unauthorised credit searches would in any case, have to be more than 6 years old. I would point out that under the Limitation Act 1980 any alleged debt would be statue barred at this point, given I have neither acknowledged any alleged debt, nor have I made any payments in respect of any alleged debt in the last 6 years.

 

As I intend to make no payments in respect of any alleged debt and furthermore that any alleged debt would be statute barred all actions by your company, affiliates and/or other 3rd parties acting on your behalf should immediately cease - including any further unauthorised access of my personal information. Furthermore, as no payment in respect of any alleged debt will be made I must ask that neither your company, affiliates or any other 3rd parties acting on your behalf should be passed any of my personal data, nor should they contact me by any means for the purpose of requesting any payment.

 

Please be advised, this letter constitutes a formal request that you immediately cease and desist from:

1. Any further unauthorised attempts to share or access my personal information through any licensed Credit Reference agencies

2. Any further actions or contact in pursuit of payment of any alleged statute barred debts

 

In the case of statute barred debts the OFT Debt Collection Guidance states that:

“Continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

 

Any further unauthorised access or sharing of my personal information – or requests for payment of any alleged statute barred debt will be treated as harassment and a breach of the Data Protection Act and I will seek the strongest legal and regulatory redress.

 

I trust my position is clear and I await your written confirmation that no further action (including access or sharing of my personal information) will be taken concerning any alleged debt and confirmation that this matter is now closed.

I look forward to your reply.

 

Yours faithfully,

 

....

 

Will this be enough to get them off my case?

 

Any advice would be welcome!!

 

Thanks

[spamheed]

They should back off, but they act with apparent impunity with regard to credit searches and the like, so I would keep an eye out, but you should have no trouble with Lowells.

 

a 12 year absence should kill any claim stone dead, even a mortgage shortfall would be difficult to resurect after 12 years.

[unclebulgaria67]

I would not waste the postage. If you don't have any debts that can be enforced in court, then you have nothing to worry about. As for Lowell checking your credit file, they are allowed to to do so, if they own a debt in your name or are in the process of buying a debt in your name. Also contacting an address and/or number to make enquiries about you would also be acceptable, provided they don't breach the Data Protection Act and they don't continue contacting your brother, when you don't live there.

 

Just continue to monitor your credit record to make sure Lowell do not continue to make any credit searches that affect your record/rating. They can make the unrecorded soft type searches, but nothing that is recorded for everyone to see. If they continue to make recorded searches, then write to Lowells compliance manager and threaten to report them to the ICO. If they continue trying to contact you via your brother, write to Lowells compliance manager and threaten to report them to the OFT and ICO.

[citizenB]

In view of Lowell's habit of using Stat Demands, I think the OP should write and confirm the status of the account as being statute barred. If they continue to pursue or nose around his credit files after that, then he will be able to take it further.

[rjrs0510]

thanks for your replies! i've read awful things about this company~!

[citizenB]

thanks for your replies! i've read awful things about this company~!

 

Sadly, all of it true !!

[unclebulgaria67]

thanks for your replies! i've read awful things about this company~!

 

Do you know the exact details of the debts that Lowells may be chasing ?

[BRIGADIER2JCS]

Agree with CB here an SB letter is not a waste of postage and is worth the extra for recorded delivery.

 

I suggest the following:

 

To

 

Mr. Andrew Bartle

Head of Collections

Lowell

 

Ref: use theirs.

 

Dear Mr Bartle,

 

I refer to recent correspondence from Lowell regarding an alleged debt for £ xxx .xx which Lowell claim is owed by me, please take note I do not acknowledge any debt to Lowell or any company it may claim to represent.

 

Having now had the opportunity to review my credit history I have concluded that any such alleged debt is STATUTE BARRED therefore I will not now or in the future make any payment or offer of payment in regard to the alleged debt.

 

I would remind Lowell that should it wish to dispute the status of the alleged debt the onus of providing unequivocal proof that the alleged debt is not statute barred falls entirely upon Lowell, allegations of unsubstantiated payments to the account are not acceptable a proof the debt is not statute barred.

 

I am fully aware of the OFT Guidance on Debt Collection 2003/2012 and the sections regarding the pursuit of statute barred debt.

 

This is my FINAL RESPONSE ON THIS MATTER.

[rjrs0510]

Thanks Brig and everyone for the help!! I think the are chasing a 250 credit card debt from 2001... I know that it was bad to not pay it, but I find their tactics really ** insert obscenity** awful. I will send the letter and hopefully that will be done with it.

[BRIGADIER2JCS]

Good keep us posted on the result!!

 

Brig.

[unclebulgaria67]

Thanks Brig and everyone for the help!! I think the are chasing a 250 credit card debt from 2001... I know that it was bad to not pay it, but I find their tactics really ** insert obscenity** awful. I will send the letter and hopefully that will be done with it.

 

So lets say that the last payment was in say October 01 and a CCJ was obtained in say June 07. This means they have a live CCJ to collect on until June 13. The CCJ should be on your credit record, but this not always the case. You could check Trustonline to see if any CCJ's exist, which I think costs £4 per check. If you were abroad at the time, then a default CCJ could have been obtained.

 

If you have not received any information from Lowell about what debt it is and are not sure about the date of last payment or checked into this further, then you will have to keep your fingers crossed that the debt is statute barred and no CCJ exists.

[BRIGADIER2JCS]

So lets say that the last payment was in say October 01 and a CCJ was obtained in say June 07. This means they have a live CCJ to collect on until June 13. The CCJ should be on your credit record, but this not always the case. You could check Trustonline to see if any CCJ's exist, which I think costs £4 per check. If you were abroad at the time, then a default CCJ could have been obtained.

 

If you have not received any information from Lowell about what debt it is and are not sure about the date of last payment or checked into this further, then you will have to keep your fingers crossed that the debt is statute barred and no CCJ exists.

 

What CCJ are you referring to???

All reference agency Files show no CCJ.

[citizenB]

Thanks Brig and everyone for the help!! I think the are chasing a 250 credit card debt from 2001... I know that it was bad to not pay it, but I find their tactics really ** insert obscenity** awful. I will send the letter and hopefully that will be done with it.

 

 

Took on a lemon with this one then didn't they.. under the thresh hold for using their usual MO of a Stat Demand and it is statute barred.. I love it..

[citizenB]

Hold on, what is this about a CCJ ?

[unclebulgaria67]

Hold on, what is this about a CCJ ?

 

I was just raising the question. The OP mentions some old debts, credit card and old style student loan, but they have been out of the county for 12 years. All they know is that there credit record is clean of debts. I was just making the point that CCJ's are not always showing on credit records.

 

It is tempting to send the statute barred letter and it is for Lowell to prove otherwise. Personally I would wait for a letter from Lowell which might reveal what debt they are chasing and then I would make more enquiries. At the moment it appears that a few searches have appeared on the credit record and a phone call has been received at a relatives address. If the OP is sending a letter about SB, not sure what debt it relates to, then personally I was thinking, it was tad early to send the letter.

[BRIGADIER2JCS]

As Citzen B said given the propensity of Lowell for issuing Statutory Demands it is time to act NOW>

[citizenB]

I was just raising the question. The OP mentions some old debts, credit card and old style student loan, but they have been out of the county for 12 years. All they know is that there credit record is clean of debts. I was just making the point that CCJ's are not always showing on credit records.

 

It is tempting to send the statute barred letter and it is for Lowell to prove otherwise. Personally I would wait for a letter from Lowell which might reveal what debt they are chasing and then I would make more enquiries. At the moment it appears that a few searches have appeared on the credit record and a phone call has been received at a relatives address. If the OP is sending a letter about SB, not sure what debt it relates to, then personally I was thinking, it was tad early to send the letter.

 

Ah, righto. Yes, I understand now.

 

I think the OP is concerned that these searches will show up if perhaps he was to apply for credit in one form or another. It is very disconcerting to have a company such as Lowells accessing credit records and probably creating problems where there are none.

[BRIGADIER2JCS]

Hold on, what is this about a CCJ ?

 

There isn't one!

[rjrs0510]

Hey everyone, I sent the template letter to the lowell complaint email (it offers a record of delivery, so saves postage). They wrote back to me this afternoon saying that they agreed that the debt was statute barred and that the account was closed. So, unless they pass it on to someone else, I guess I got a result!! There was never a CCJ or anything ever issued against me. Anyway, I'm happy that they at least have agreed with me (and all of you) and consider the debt statute barred!!

[citizenB]

Oh well done, that is good news. Keep that reply safe - having acknowledged that it is statute barred, then they would be very naughty to sell it on. But if they do, then at least you have confirmation that it is SB and you can simply send a copy to the next one,, if there is a next one.

[BRIGADIER2JCS]

Hey everyone, I sent the template letter to the lowell complaint email (it offers a record of delivery, so saves postage). They wrote back to me this afternoon saying that they agreed that the debt was statute barred and that the account was closed. So, unless they pass it on to someone else, I guess I got a result!! There was never a CCJ or anything ever issued against me. Anyway, I'm happy that they at least have agreed with me (and all of you) and consider the debt statute barred!!

 

Excellent result!! NO CCJ to be found!!

 

So obviously