Lowells and cat debt in N.I from pre 2002

[register]

hi,

I have an old account currently with loweel.

 

I have disputed this through the CRA's (equifax) as statute barred.

 

 

I even sent a letter from the original creditor which stated the account was from 2002,

after i sent them a S.A.R and they came back with nothing.

 

I have not contacted lowell as i do not want to acknowledge any debt and reset any SB clock.

 

I am in Northern Ireland currently.

 

 

I have google searched lowlels in northern ireland and come back with nothing.

 

 

We have a different legal system in NI, and only NI solicitors can legally operate in northern Ireland.

 

Have Lowel ever used the NI courts does anybody know?

 

 

 

Should i risk challenging them , and risk resttting the SB clock?

 

Or leave it as no one is chasing me currently?

 

Thanks.

[silverfox1961]

Hi

If you are certain that nothing has been paid on this debt for 6 years (or more) and not written to the Leeds Losers admitting the debt then there is nothing they can do.

 

You can write to them and state that the debt is Statute Barred. No doubt they will say it isn't but stick to your guns and they will go away.

 

While I cannot be absolutely sure regarding the regs in N.I. I do believe they are similar to the mainland

[register]

Hi thanks for looking in and commenting silverfox1961.

 

 

the problem is it is on my credit file.

which to be honest doesnt bother me at the moment.

it would be nice to have it off,

but i am wary of contacting them at the minute as i have not been contacted by lowels.

It shows on my credit file as owned by lowels.

Why would they 'own' this debt and not pursue?

 

Regarding regs, i am not disputing the legal side of things will be similar.

 

What i was saying is that solicitors need to be registered to practice in N.I.

 

any solicitor without a certificate can be fined and held in contempt of court.

 

Lowels solicitors and many of the DCA solicitors do not feature.

 

IF i was ever taken to court about this would it be my local court here in N.I?

(i.e. not Northampton bulk centre) as we have different laws to mainland UK?

 

I am sure they cannot enforce any debt anyway, but it remains on my credit file.

That would be my only intrest in contacting them.

 

I very well could be wrong on the solicitor thing, which is why i am asking does anybody know?

[citizenB]

I have left a message for one of the site who does know about DCAs acting in Northern Ireland. Hopefully he will be able to look in soon

[ScarletPimpernel]

I have left a message for one of the site who does know about DCAs acting in Northern Ireland. Hopefully he will be able to look in soon

 

Thanks for pointing me at this thread.

 

Any claim against a debtor resident in NI would have to be brought in the NI courts.

 

 

DCAs are much less likely to go to court in NI than they do on the mainland.

 

 

This is not just because the usual suspects like Carter and Restons can't act in NI

- they just use a NI based solicitor

- but mostly because there is no bulk issuing centre and the NI courts are much stricter on them producing the documentation their claims rely on when the claim is issued.

 

 

As we all know they rarely have this, preferring to rely on people being intimidated by a court claim and their solicitors' tactics to get easy wins.

 

There are a couple of DCAs in NI, one being Scotcall in disguise,

another a massive two-person operation run from a grubby office above a hairdressers on the Newtownards Road,

who sometimes act for mainland DCAs. All they do is send out letters, though.

[citizenB]

Thanks for looking in SP

[register]

Thanks for pointing me at this thread.

 

Any claim against a debtor resident in NI would have to be brought in the NI courts. DCAs are much less likely to go to court in NI than they do on the mainland. This is not just because the usual suspects like Carter and Restons can't act in NI - they just use a NI based solicitor - but mostly because there is no bulk issuing centre and the NI courts are much stricter on them producing the documentation their claims rely on when the claim is issued. As we all know they rarely have this, preferring to rely on people being intimidated by a court claim and their solicitors' tactics to get easy wins.

 

There are a couple of DCAs in NI, one being Scotcall in disguise, another a massive two-person operation run from a grubby office above a hairdressers on the Newtownards Road, who sometimes act for mainland DCAs. All they do is send out letters, though.

 

thanks for the reply Scarletpimpernel.

 

 

I had thought this before, and am very pleased to hear this.

 

 

I belive that lowel have no paperwork, and the OC refused my SAR stating that the account was closed in 2002.

I didnt get my tenner back though.

 

Knowing that they are unlikely to succeed with any court action, should I challenge Lowell about this.

 

It is on my credit file.

 

Thanks a lot.

 

R.

[citizenB]

How long do you have to go before the account is statute barred ?

[ScarletPimpernel]

What is shown on your credit file?

[register]

the account is on my credit file. it was marked as lowell.

 

 

i queried the account through equifax. equifax came back and said to contact lowell directly and that it was from Original creditor

 

I sent a SAR to Original creditor.

they replied with a letter stating that they had no info as the account closed in 2002.

 

I sent this letter to equifax, as proof that the information was not correct on my file.

 

equifax replied stating that lowels had said it was correct and to contact them.

 

i have not done this.

 

should i now contact lowels?

or leave it?

no one is pursing this at the moment.

[ScarletPimpernel]

What have Lowell put on your credit file? - if it's a default, when is it dated?

 

What does the debt relate to - loan, bank account, credit card, catalogue or what?

[register]

default on file is dated 2011. and was stated with the original creditor at some time.

 

so i SAR the Original creditor, and they say that the account was closed in 2004.

 

catalogue.

 

I have queried this through equifax so far and have avoided lowells.

[register]

How long do you have to go before the account is statute barred ?

 

2017 until SB. :-/

[dx100uk]

when did you last use/pay the cat debt?

where were you living when you took it out?

 

 

dx

[ScarletPimpernel]

You say the account was closed in 2002 - and then that it was closed in 2004!

[register]

YEAH im not sure as i do not have the letter to hand. But either way its long dead. The fact that i have the letter is cast iron proof that this is SB would you agree?

[mikeymack2002]

I think a mystery cash payment may have been claimed by Lowell? I would check the last payment on your credit file and see when that was, then maybe it will shed some light on this for you!!

[ScarletPimpernel]

If the last payment (cause of action) was in 2002 or 2004 then the account should have dropped off CRA files long ago. Lowell can't invent a new default date just so they can keep it alive - although that is exactly what they tried to do with one of my accounts, although they weren't reporting it on the CRA files.

 

I think that the only way to deal with this - if you are certain it's SB - will be to challenge Lowell. You can do this in writing, without acknowledging the debt and/or affecting SB.

 

Happy to draft something suitable if you like.

[register]

I would much appreciate that thank you.

[thunderballs]

I would much appreciate that thank you.

 

If they are claiming some payment out of thin air, I'd also be curious as to how much this payment was supposed to be for, how it was supposed to have been made, copy of correspondence that went with it, how it was matched to your account, that kind of thing.

 

But a default date of 2011 when the original account was closed in 2002 or 2004? Something smells, but then it is Lowell.

 

I suspect they'll find it difficult to challenge/disprove Statute Barring, and if that's the case, then your next stop should be the Financial Conduct Authority - gently reminding them that companies have been warned before for trying their luck with statute-barred accounts.

[ScarletPimpernel]

Try something like this:

 

Dear Sirs

 

Your ref: xxxxxxxxx

 

I do not acknowledge any debt to you, or any company you claim to represent.

 

A recent check of my credit reference files shows that you are reporting a default in relation to (original creditor). Since the cause of action relating to the account occurred more than 6 years ago, and no payment or written acknowledgement has been made during that perriod, the provisions of the Limitation (Northern Ireland) Order1989 apply, and the debt is statute barred and irredeemably unenforceable. I am at a loss to understand why you continue to report the account, with an inaccurate default date, with the credit reference agencies, and require you to cease doing so at once.

 

For the avoidance of any doubt, no payment will be forthcoming.

 

I am aware of the requirements that the Financial Conduct Authority, through it's CONC rules, imposes upon you in such circumstances.

 

Yours etc.

 

 

Be prepared for them to come back with some waffle about being provided with different information by the original creditor, at which point come back and we can make them prove it.

[register]

Thank you for this.

[register]

received a reply today, just an automated reply, asking for over £1000 now.

 

I will await an actual response from a human, then escalate to ICO.

[ScarletPimpernel]

You have quite plainly disputed liability for the debt, so Lowell should have suspended all collection activity whilst they investigate.

 

You could send them another letter:

 

Dear Sirs

 

Your ref: xxxxxxx

 

I refer to my letter dated (date), in which I clearly raised a dispute in regard to the above debt.

 

I am aware that the Financial Conduct Authority's CONC rules require you to suspend all collection activity in these circumstances. However, I note that whilst you have yet to afford me the courtesy of responding properly to my letter, you have sent a further template demand for money. I am not sure whether this is a deliberately deceitful attempt to try to mislead, administrative incompetence, or a flagrant disregard for the boundaries within which you are required to operate. I am keen to know which, and you should, therefore, treat this letter as a formal complaint about your clear breach of your obligations. I require you to deal with this complaint by way of your complaint procedure, a copy of which I require you to send to me without delay.

 

I also require you to provide me with a proper response to the dispute I raised.

 

Yours etc.