lowell

[pop282828]

Hi all

 

I think this could be a new tactic from these pond dwellers

 

My partner has been receiving phone calls from 01133086000 chasing a debt from about 10 years ago we think it was for a captal one credit card

The limit was £250.00 at the time to which my partner was paying it off monthly charges were getting added each month because they were saying it was not getting paid in early enough for clear funds.

 

Anyway she paid what she owed without the add ons and left it at that.

 

She has not spoke on the phone to anyone or had any dealings with Capital one or Lowell so these phone calls have come out of the blue.

 

Today she got a letter from Lowell saying

 

Dear Miss xxxxx

 

We wrote to you recently after answering a query you raised on your account and offered you the opportunity to pay monthly by Direct Debit. We even gave you two alternative repayment options or the ability to dictate what you wanted to pay, but unfortunately your account remains unpaid and you have not set up a monthly repayment plan.

 

The debt they say is now £1277.71

 

This is utter make believe we have not been in touch with them or anyone as we did not know about this debt

Is this a way to get around statute barred debts by saying we got in touch with them.

 

Any help would be helpful

 

Thanks

[Ros1609]

Does it show on her credit file?

[pop282828]

will check now

[ims21]

If the last payment or written acknowledgement of the debt was more than six years ago (5 in Scotland) then this is Statute Barred.

 

If that is the case there is Statute Barred template letter in the CAG library which you can use to get these people off your back. The library link is at the top of every CAG page in green.

 

Be prepared that they may come back and say a payment was made on x date. If you know very well that no such payment was made then it will be up to them to prove that payment was made by you. It is not unknown for this type of company to come up with phantom payments.

 

When once a debt is SB then it cannot be unbarred, even by the courts.

[pop282828]

no it is not on credit file

[DonkeyB]

Interesting development. If you don’t lodge a denial, they say you acknowledge the fact. If you deny it, they have you as a ‘live’ one and bombard you.

 

When was the last payment made on this – is it SB? Given the age and likely time it was defaulted, I’d be surprised if it showed on your credit record.

 

If it is SB, and/or the letter can proven to be a lie (NOT an ‘admin error’), we’ll concoct the mother of all nasty responses for you, and get the OFT involved.

[pop282828]

last payment was 2003 i think

[DonkeyB]

Can you do any checks on that? It’s best to be sure of any last payment or acknowledgment date before you use the SB letter.

 

Have you moved home over this period? Any chance letters could have gone elsewhere?

 

This is sounding straightforward.

[pop282828]

Lost job so sold house in 2004 before it was repossed moved in with family.

Lived in council house 2004 till 2009

Live in private rent 2009 till present day

[DonkeyB]

And always on the electoral roll?

[pop282828]

And always on the electoral roll?

 

Yes paying coucil tax on each address

[DonkeyB]

OK, so hiding in full view, as they say, ie. no question that you can be accused of avoidance.

 

Try and establish the last payment date. If you can check your accounts back even a little over six years and there’s nothing there, and there has been no other communication with the OC, you will know you’re safe to send the SB letter.

 

We can adapt it to include a complaint about the deliberately misleading letter, and copy it to the OFT and Trading Standards.

[pop282828]

http://farm9.staticflickr.com/8121/8637944999_16c85e5942_b.jpg

[DonkeyB]

A very devious letter.

 

If you have checked you bank accounts, and can find no payment to anyone regarding this, and you are sure the last activity was in 2003, then I would adapt the SB letter to include a complaint about their misleading letter. Copy it to Trading Standards and the OFT.

 

If you want to cause them aggro, and only if you can record calls, you should phone them and ask what’s going on, then listen to the fibs...!

[Halibutt]

Just an aside for any other members reading - you'll notice in the link to the letter that pop has provided that Lowell request the setting up of a Direct Debit - if a DCA asks for this - don't do it. If you genuinely believe you owe the debt, a standing order is far better. It costs you nothing and you remain in control of how much money leaves your account. It has been reported in the past that some DCAs have increased Direct Debit amounts without the prior consent of the debtor and even carried on taking installments after Direct Debits have been cancelled.

 

In this case pop - take the guys' advice. Sounds Statute Barred to me - a complaint is also advisable due to the misleading manner in which their letter is worded.

[Desperate Daniella]

It's almost certainly statute barred but even if it isn't they almost certainly won't have the credit agreement. I have never, in all my time here, heard of anyone receiving a copy of their actual credit agreement for a Capital One account from the early 2000s. Capital One absolutely do not want anyone to see those agreements, even if they do still have them. Lowells, etc., will come up with reconstructed agreements which couldn't possibly have been sent out at the time, and all sorts of other stuff, but never the actual original agreement.

[Halibutt]

The agreement Lowell sent me from Capital One was simply an "application Form" and headed as such. Unenforceable on many points.

I told them exactly that and they closed the account.

Hopefully you'll find your situation is pretty much the same!

[Desperate Daniella]

The agreement Lowell sent me from Capital One was simply an "application Form" and headed as such. Unenforceable on many points.

I told them exactly that and they closed the account.

Hopefully you'll find your situation is pretty much the same!

 

 

Wow! They actually sent you the application form? All they would send me was the signature box, with nothing else on the page at all.

 

They closed my account as well, but they did try a few shenanigans along the way before they threw in the towel.

[Halibutt]

Oh, I had to send a SAR to get that. It wouldn't have satisfied a legal request if they hadn't

[Desperate Daniella]

I didn't do a SAR. But what you have said confirms that they don't want to produce the agreements/application forms because they know full well they are unenforceable.

[42man]

Do you know if there was any PPI on the card ?

[neil6534]

I have just received an email from Lowell chasing a debt from 2003. This is the 3rd debt Lowell have chased me for which is "statute barred". When I called them to find out what it was and eventually when I could confirm what it was for I merely advised them that this is statute barred and that they should not be chasing me for it. The lady at Lowell said I understand that it is barred but she has a "duty" to see if I morally wanted to pay for it!!!!

 

So be aware folks, check to see if it is state barred before paying it as you do not have to and it will not be shown on your credit file.

[Desperate Daniella]

Was it morally right for the credit card companies to increase their interest rates from around 9% to around 30% in many cases?

 

I think you are doing very well in sending them off with a flea in their ear.

[pop282828]

Lowell Reference Number:*xxxccc

 

Original Account Number:*xxxxcccc

 

Original Company: Capital One

 

Account Balance: £1277.71

 

Dear Ms Andrea Evans,

 

A special offer for you, for a very limited period

 

To help you clear your debts. We'd like to offer you a discount of 75% off your outstanding balance AND, if you can't afford to pay it all at once, we can even set up a repayment plan and spread out the remaining balance so you can pay monthly.

 

It really is that simple, just follow these easy steps:

 

*1. Call us on*0113 308 6041*and tell us if you're paying in full or need to spread the payments

 

*2. Make the payment in full or setup a monthly Direct Debit for the instalments

 

Once the payments have been made the remaining balance will be cleared and the debt will no longer exist.

 

But, we do need to speak with you in the next 10 days to take advantage of this offer - even if you can't pay immediately. Don't worry, we won't ask you to pay any more, but we do need to update our system to stop any further action.

 

If you'd prefer, you can even email us [email protected]*to tell us how you'd like to pay.

 

Yours sincerely,

 

Andrew Bartle

 

Chief Operations Officer

 

Lowell Financial Ltd

[pop282828]

Subject:*Re: The Lowell Group (Thread:8168)

 

*

 

To whom it may concern

 

*

 

Thank you for that amazing offer you must really be dragging the Bottom of the barrel

 

*

 

You have bought a debt for about 10 quid and are trying your luck

 

*

 

I do not owe any money to capital one or any other company

 

*

 

You are on a fishing trip trying to get a bite.*

 

*

 

I have not had any credit since before 2004 which is 9 years ago statute barred is 6 years have a nice day