Lowell-Northern Rock

[1frenchie1]

I have had a letter from Lowell regarding an old Northern Rock loan I had.

 

When NR got into trouble and public money bailed them out,

I wrote to them and explained that now the public owe the company,

I (as a member of the public and therefore the boss) have decided to wipe the debt.

I didnt hear back from them and

now have Lowell demanding cash.

 

 

I have argued that I don't owe them anything as my northen rock account is clear.

 

I dont know how far I will get with this but this is how I have worked this, not sure if I will get away with it....

 

I read the 1882 Bills of Exchange Act and from what I can work out is,

If the company PASSES on the debt to a collector, they can collect. If it is SOLD,

your balance with the original debtor is cleared and you must enter into a contract with the new debtor.

 

I managed to get a statement of my account a while back and it clearly says on there, *11/04/2007 Bad Debt-Write Off 12854.88 Bal: 0.00*

 

If I have a statement saying it's written off, balance ZERO, surely I am free of this debt?

 

I have written to all my other original debtors to get statements from these too

and asked under the freedom of Information act for details of the sale of my debt.

 

If they all come back saying the same,

 

 

How can a court say I owe Northern Rock or anyone else anything?

If it got to court and I present a document that the account to

'Company Name' is clear and at 0.00, surely it would be set aside.

 

Maybe I am just hoping for the best but its what I am going with.

 

If I hear anything new, I will update you all.

[fkofilee]

Please dont make me laugh. Just because NR were bailed out didnt mean that your money that was owing was just wiped out because you are a member of the public.

Ignore the FOTLM crap, ill make a suggestion, send a CCA request to Lowell...

 

Do things properly, otherwise youll end up a worse situation than before...

[1frenchie1]

My point is I have a statement from them saying the debt was written off, doesn't that mean it has gone?

 

What is FOTLM?

[fkofilee]

No, not at all... I suspect that the person who saw your letter just laughed when they had received it.

The account has been sold within the law so not much you can do.

 

Just because NR have written it off means diddly squat...

Answer the below for me and we will help.

 

When was the loan taken out.

When was the last payment.

Have you done a CCA request.

Have you had a Notice Of Assignment from Lowell.

 

FYI its not the FOI Act it would work under. This account would fall under the Data Protection Act...

[1frenchie1]

Oh I bet they laughed, it was very 'tongue in cheek' to be fair.

 

Loan Started in 08/2004.

Last Payment 14/02/2006

They sent me a copy of the signed agreement with my statement.

I have loads of letters from Lowell but not sure if I have had a Notice of Assignment.

[1frenchie1]

[fkofilee]

Wow ... you may have just hit the jackpot. It MAY be Statute Barred...

Sorry to sound so critical. Its just in my nature...

 

Has any written acknowledgement or payment been made in the last 6 years?

[1frenchie1]

Nothing at all has been paid. i thought they had literally 'written it off'! lol.

 

Critical is good! I just need to know if im okay to carry on as I am or if I am going to have some bailiff come and take my shoes!

 

What is the FOTLM though?

[fkofilee]

Go check your CRA through noddle. Tell me what you see...

[1frenchie1]

You are talking in code....I have no idea what you are telling me lol

[fkofilee]

Noddle is a free credit report. Free for life.

Its done through Callcredit so its reasonably good.

[1frenchie1]

Tops! Many thanks!

[fkofilee]

Let us know what it says for NR / Lowell... Then I can guess your next step...

[1frenchie1]

It doesn't mention NR or Lowell. I do have a CCJ for £288 from 2011 that I know nothing about lol.

[fkofilee]

Either 1 of 2 things, Its 6 years from the original default date and its gone or it was never reported to them.

Id say first option...

 

Start a new thread for the CCJ. Does it say who it was awarded too?

[1frenchie1]

No it just says £288 in the Northampton Court. I will start a new thread for that

[dx100uk]

send lowlife a CCA request

 

 

or send the statute barred letter from the library tab top left.

 

 

or

sit on your hands and ignore them

 

 

SB letter my pick

 

 

dx

 

 

 

 

dx

[dx100uk]

FOTL is freeman of the land

 

 

its utter twaddle and normally leads you up a garden path into more trouble.

 

 

if your debts are NOT on your CRA file

and you've not paid or written for a period of 6yrs at any point

 

 

they are likely to be statue barred.

 

 

dx

[1frenchie1]

Thanks dx!

[fkofilee]

There you go , as I thought on this one.

Send the SB letter to Lowell... Its then up to them to prove its not...

Watch for phantom payments etc, could be interesting... Keep us updated....

[renegadeimp]

On an alleged debt that size theyre sure to claim that a payment was made in september-november 2009, maybe 2010. Lets wait and see.

[ericsbrother]

Yes, I remember paying 50p on your behalf, feeling generous I did it to 600 other people as well. March 2010 it was.

[fkofilee]

IF you did a CCA Request correctly, they may try to say that £1 PO was used to offset it against a debt...