Lowell say i owed on one lloyds debt, agreed SB'd, now claim i owe another debt!!

[mucklebones]

Hello there I would be grateful for some assistance.

 

In 2008 I was contacted by Lowell and fell victim to their bullying tactics that I owed them I think the amount was £700 for a Lloyds TSB account, I have only ever had one Lloyds TSB account. I stopped paying in 08/2009 as my partner whos account the direct debit came out of) was declaring bankruptsy. I moved and didnt bother to tell Lowell.

 

I recently gained access to my experian credit report and it shows no credit accounts or anything, which would be right since I only have a basic account. However there are many unrecorded searches from Lowell who have obviously caught up with me since updating my credit files.

 

I received a letter a couple of days ago about the Lloyds account, so I emailed them: (Please note most recent first so best to start from the bottom.

 

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I have requested from Lloyds confirmation of the account number that this relates to.

 

 

 

As previously advised we do believe this is your account and refer you to your conversation with our advisors on the 12th June 2008 advising that you were unable to clear the account and you would call back with your partners Debit Card to make payments, you subsequently set up a Direct Debit on this account and contacted our advisors on the 6th July 2009 advising that due to your financial situation you were filing for Bankruptcy and would not be making further payments. We did not hear from you after this despite several attempts to contact you.

 

 

 

The account shall be placed on hold until we hear back from Lloyds, at which point we shall revert back to you and will require your proposals of repayment.

 

 

 

Kind regards,

 

 

 

Charlotte

 

Customer Services, Lowell Group

 

Email: [email protected]

 

Phone: 0844 844 4716

 

 

 

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Hello

 

 

 

As I am unable to recognize this alleged Lloyds account could you please provide me with the account number.

 

 

 

Could you please provide to me proof of payment method for the alleged payment.

 

 

 

Regards.

 

 

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.

 

From: [email protected]

 

 

Hello ,

 

 

 

Thank you for getting back to me.

 

 

 

I can confirm that this account does fall under the Limitations Act and as such we have closed this account.

 

 

 

We do have a second account for you that does not fall under the Limitations Act. Please see details of this below.

 

 

 

Reference - Lloyds TSB (Current Account) - Balance £1294.03

 

 

 

You have made £113.50 of payments to us to date with the last payment to this account being on the 1st September 2009 for £11.50.

 

 

 

We now require you to contact us to discuss repayment of this account.

 

 

 

Kind regards,

 

 

 

Charlotte

 

Customer Services, Lowell Group

 

Email: [email protected]

 

Phone: 0844 844 4716

 

 

 

 

 

 

 

 

 

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13 March 2014

 

Dear Sir/Madam

 

 

Without prejudice

 

Account No: DOB:

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I would point out that under the Limitation Act 1980 Section 5:

 

“An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

I would point out that in their Debt Collection Guidance, the OFT regard the following to be unfair or improper business practice for a creditor to:

 

pursue the debt under circumstances in which the debtor has heard nothing from a creditor during the relevant limitation period;

 

continue to press a debtor for payment after he has stated that he will not be paying a debt because it is statute-barred.

 

The last payment or acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

 

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

 

 

I look forward to hearing from you.

 

Yours faithfully

 

 

 

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From: [email protected]

 

 

Hello Lisa,

 

 

 

Thank you for your email.

 

 

 

So I can help you further with this, for security purposes, can you confirm to me your date of birth please.

 

 

 

Kind regards,

 

 

 

Charlotte

 

Customer Services, Lowell Group

 

 

 

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Ref: xxxx

 

 

 

Dear sir,

 

 

 

I refer to the letter from Red debt collection Services regarding the alleged debt for £1194.32 please note I do not acknowledge any debt to company of the Lowell Group.

 

 

 

Having reviewed my credit history and on taking advice on this matter 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.

 

 

 

Should you wish to dispute the status of the alleged debt you must be aware that the onus of strict proof that the alleged debt is not statute barred lies entirely on Lowell and it is not for me to prove that it is so barred.

 

 

 

You will now cease to process all data relating to me and remove from your records.

 

 

 

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

 

 

 

Final Response.

 

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Sorry should have probably laid it out better but I am not confident with all this technology. How am I to proceed now? I dont see how one Lloyds account is now statute barred but they have found another account. Have only ever had one account and I am certain not for that sort of balance.

 

Any advice greatly appreciated.

 

Thanks.

[renegadeimp]

heh theyre trying to ask "security questions" in emails now, in order for you to give them info needed to complete their debt details. Poor fools.

 

 

When you say lloyds account, do you mean a Credit card/over draft etc

[mucklebones]

I am not entirely sure if honest, It could be an small overdraft, charges, and credit card combined. I have not had an account with them for a very long time I cant even remember if I had an overdraft facility. Sorry I understand thats not helpful.

[renegadeimp]

Did you ever send them a prove it letter? The onus is on THEM to prove an account exists, what it was for and if payments were made. NOT for you to prove it doesnt and you didnt.

[mucklebones]

I definitely had a credit card and a current account with them thou.

[renegadeimp]

I think you need to send a prove it letter to them my normal mail. You have no idea what its for, and they are evading giving you a reply.

[mucklebones]

I have not sent them a prove it letter. My most recent email to them just asks for account details for the account they believe I owe for.

[renegadeimp]

http://www.consumeractiongroup.co.uk/forum/showthread.php?387363-You-know-nothing-of-the-Debt-Prove-It

 

Read, edit and send. Ignore them completely until they provide a valid response. They will try and method they can to get money from you including litigation, therefore it is in your best interests to act fast and get them before they get you. So far all theyve done is given very vague information, and since you have replied to all their emails, they have you marked as a potential cashcow.

[mucklebones]

I understand. I will get on this right away. Many thanks for your help.

[renegadeimp]

Just remember, the debt MIGHT very well be legit, but you need to be getting some answers. So far, youve simply been given very little info by a random DCA demanding a random amount of money.

[mucklebones]

Thank you, have done the letter will post first thing tomorrow.

 

Could I please ask what would be considered sufficient proof, if they do manage to find some?

[renegadeimp]

Youll know when they send it. Lowells are normally very vague at the best of times. lets wait for their reply.

[mucklebones]

Finally received this letter this morning. Although I am confused they say that Lloyds confirm the account number as 2514xxxxxxxx yet on the right of their letter the account number is different?

 

Any ideas on how to proceed with this?

[ims21]

Please use this method to post up your documents

 

**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

http://www.convert-jpg-to-pdf.net/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use http://www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though DONT USE BANK NAMES or CAGicon in the title

i'e Default notice DDicon-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

you can click on your links to check them too!

[mucklebones]

Thanks for the help.

[ims21]

Please follow the guide....you need to PDF the image...jpg files are too small.

[mucklebones]

There is a pdf image @ post 15. Is that not right?

[ims21]

Yes but it was a jpg file before.

 

The PDF is fine.

[ims21]

If it were me I would be sending a CCA request to Lowell and a SAR to Lloyds.

[mucklebones]

Have done both letters will add postal orders and post recorded on Monday. Thanks again for your assistance.

[mucklebones]

Received a letter from Lloyds this morning with postal order attached saying they have not been able to trace any accounts and the account number provided is not even a valid Lloyds account number.

 

I requested information about the account Lowell state they have had confirmation from Lloyds that it was my account. As in PDF account number starting 2514xxx

 

Lloyds have also said if I provide any other account numbers or previous addresses they could try to locate any other information.

 

Should I provide them with the account number from the Lowell letter to the right of the letter in the PDF 263xx?

 

Lowell have also replied this morning saying they have requested a copy of my credit agreement and will be in contact asap.

 

How should I proceed?

 

Thank you in advance.

[2Grumpy]

I gather that you made payments to a £700 debt in 2009 that was already SB.

 

If Lowell's hadn't contacted you about the £1200 debt prior to 2014, how could they claim that payments that you made to them in 2009 be towards that debt?

 

Wait for the CCA response.

 

A SAR to Lowell might uncover their tricks if they do hold a valid CCA, alternatively a letter asking them to explain why they are claiming that payments made t one account had been applied to another that they hadn't made you aware of.

 

Do you have notices of assignment for these accounts?

[mucklebones]

I have no notices of assignments for these forgive me but I do not know what these are.

 

So I have not received a SAR from Lloyds as yet, but they have written back to me on 2 occasions asking for more information since both account numbers were invalid.

 

I received a letter from Lowell, they sent me also 7 months worth of bank statements for an old Lloyds account and could not provide an original credit

agreement.

 

Could anyone advise me how to respond now. Adding PDF images now.

[mucklebones]

Here are the pdf files

[mucklebones]

Bump for help. Thanks.