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Lowell Chasing Statute Barred Cap1 Debt - ** NO MORE - ACCOUNT CLOSED **


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Crapital One credit card, last payment made in July 2006, it has been statute barred for just over a year, two letters today from Lowell, one with the Red debt header.

 

This shower have been harassing me for six years, and are now chasing me for a debt that is statute barred, I think I already have a file for this debt somewhere in the archives, will have a look later.

 

What is the most up to date "This debt is statute barred, prove it isn't" letter?

 

Also think it is time I sent a few letters off the the relevant governing body/authority.

 

Trading standards were a complete waste of time and did zilch.

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This one is still good to go and says everything that needs to be said.

 

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

 

:-)

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Hmmm! Seems the Leeds Losers are trying this on elsewhere.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?396882-Just-had-4-letters-come-to-my-address-HELP-!!

 

wonder if they have bought a load of dodgy debts :whoo:

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Crapital One credit card, last payment made in July 2006, it has been statute barred for just over a year, two letters today from Lowell, one with the Red debt header.

 

This shower have been harassing me for six years, and are now chasing me for a debt that is statute barred, I think I already have a file for this debt somewhere in the archives, will have a look later.

 

What is the most up to date "This debt is statute barred, prove it isn't" letter?

 

Also think it is time I sent a few letters off the the relevant governing body/authority.

 

Trading standards were a complete waste of time and did zilch.

 

Lowell will have course have absolutely no idea of the status of the account:

 

Give Ms Sarah de Tute a blasting. Lowell are doing to much of this.

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Oh, and Hi SF! It's been a minute!

 

No, Not here. Just a pigment of you minageration :-D

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At my bankruptcy set aside hearing (the one lowell did not turn up to) the judge was astounded by the amount of letters lowell had sent to me over a 12 month period, it really did help her to see things from my perspective, so it is really important for people to keep every letter, and envelope when dealing with these jokers, or any other outfit for that matter.

 

I may well be quoting that hearing (if allowed) if lowell decide to bring further action against me, as it is evidence of harassment (judges own words).

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At my bankruptcy set aside hearing (the one lowell did not turn up to) the judge was astounded by the amount of letters lowell had sent to me over a 12 month period, it really did help her to see things from my perspective, so it is really important for people to keep every letter, and envelope when dealing with these jokers, or any other outfit for that matter.

 

I may well be quoting that hearing (if allowed) if lowell decide to bring further action against me, as it is evidence of harassment (judges own words).

 

I can see no reason why you couldn't quote the hearing :) Just make sure you properly edit out any personal stuff :) If the details of the hearing are in the public domain, then there is absolutely no reason why you cant leave everything in :)

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I found the letter below in my archive, and it seems I made a mistake, the last payment was actually made in 2005, not 2006.

 

So the debt has been statute barred for 2 years.

 

crapone.jpg

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Nice piece of evidence, you could advise Ms Sarah de Tute of this and suggest that Lowell now closes the file and discontinues action in the interest of saving cost and court time, and an action against them for harassment relating to the pursuit of a statute barred debt.

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recent letter from lowell, they quote a date from 2008 that does not relate to anything I am aware of, unless they are trying to make it appear that the debt is less than 6 years old.

 

craponetwo.jpg

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Nice piece of evidence, you could advise Ms Sarah de Tute of this and suggest that Lowell now closes the file and discontinues action in the interest of saving cost and court time, and an action against them for harassment relating to the pursuit of a statute barred debt.

 

I am so glad I got into the habit of keeping everything. I have sent off the previously suggested letter letting them know it is SB, that is the first letter that has been sent out by me in regard to this particular debt, I did not contact Keppe and Partners.

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Yes Alex it's very important to horde every thing. I have never been able to reconcile the idea of binning everything, starting with original agreements/ contracts, and items such as DNs (satisfied or not).

That statement appears to be from the date Lowell acquired the account and is the minimum statement that should be supplied at least annually.

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Alex, I think that date on the Lowell Letter simply refers to the period they have had ownership of the account.

 

IMHO, you should send the SB letter to Lowell's Head/registered office. You could also point out what their own trade association, CSA, say about statute barred debts ..

 

Whilst the OFT accepts that the debt still exists, the OFT considers that it can be unfair to pursue the debt in the circumstances set out in their Debt Collection Guidance (section 2.13 and 2.14a and b), and it is the methods in which the debt is attempted to be collected that can cause concern to the OFT.

 

 

 

However, if your debtor has stated that they will not be paying a debt because it is statute

barred, these accounts should be closed and your records updated appropriately. This will reduce the

number of accounts that could be placed back out for collection or sale, which in turn could lead to complaint and create further issues for the industry in this area.

 

 

 

Stat barred debt[1].pdf

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See also Annexe B OFT Guidance 2003/2006 updated November 2012.

 

Which slightly updates the 2006 version.

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I found this interesting "In essence, providing you work within legislation and guidance, collection of statute barred accounts is a legitimate activity"

 

I suppose that relates to the statement by the OFT who say it is unfair under circumstances set out in section 2.13 and 2.14a and b of their Debt Collection Guidance , they do not say it is not allowed, so essentially the OFT have left the door wide open for the collection of statute barred debts, unless I am wrong?

 

I have not read section 2.13 and 2.14a and b of the OFT Debt Collection Guidance, so have no idea what the circumstances are, although no matter what the circumstances, they still only say it is unfair, not that it is prohibited, please correct me if I am wrong, also, where would I be able to read 2.13 and 2.14a and b of the OFT Debt Collection Guidance?

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Indeed this is correct in England and Wales the debt still exists but is not enforceable in court, in Scotland the debt is extinguished completely.

 

The Provisions are that a debt becomes Statute Barred after 6 years in which no payment or Unequivocal admission of the debt in writing has been made by the debtor.

 

The Guidance states that the OFT would consider it 'unfair' to continue to press for payment (of an SB Debt) one the debtor has informed the creditor of the status of the debt, and that they will not be paying. (to do so MAY amount to harassment etc.)

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I see, so making the DCA aware the alleged debt is statute barred is actually one of the conditions set out by the OFT (or did they take that condition from the Limitations Act?), understood, it can then become harassment if they continue to ask for payment, but are not permitted at any stage (once debt becomes statute barred) to pursue you via the courts, so it was never really going anywhere in the first place unless you drop yourself in it.

 

So from the DCA point of view it goes something like this: Who gives a fig how old the debt is, try and recover the money, if they pay up, great, if they make us aware the debt is SB then back off, it only cost us an envelope and cost of postage to find out, we might even send a few more threat-o-grams until they send us a letter claiming harassment, probably best to call it a day at that stage.

 

Sounds like the Limitation Act 1980 could do with updating to bring it inline with the moral decline of society.

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You are right Alex, there has been talk over many years about amending the LA 1980 on some debts to 3 years as in parts of Europe and/or bringing England and Wales in to line with Scotland.

ALL SB means is that no court action can be taken.

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So before you make a DCA aware a debt is SB, there is nothing to stop them asking for payment of a SB debt, even if they are aware that the debt is SB?

 

So the Limitations Act 1980 stops them pursuing the debt through the courts, and that is what really matters.

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Yet again they are preying on the ignorant and ill informed, about right for a DCA!

 

They always have and always will unless there is a major crack down on the business practices of DCAs, take a look at the threads on MotorMile Finance this is one of the very worst.

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SB letter received and signed for, what is a reasonable amount of time to receive a response? I will be sending reminders as I would like confirmation in writing that I will now be left alone (in regard to this debt at least).

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I have just noticed this thread has been moved to the Capital One forum, just wondering why it is no longer in the debt forum?

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