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    • Indeed, it’s all up to date at the moment and no missed payments and no issues from a credit file perspective everything is up to date in that sense 
    • follow it thru, plenty of time to poss arrange a tomlin or consent later on. ............   pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website https://www.consumeractiongroup.co.uk/topic/466952-lowelloverdales-claimform-old-cap1-debt/?do=findComment&comment=5260464 .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] .............. dx
    • so you've never been issued a default notice ever and all these accounts still show on your credit file?  
    • No i decided I would try and keep paying this down as best I possibly could and have paid over 35k off of the total amount. It’s been hard as hell tbh but just seems too much to do with the prospect of job disruption looking. the issue I have with pro rats is the credit file is trashed anyhow like you are defaulted anyhow is it not? I am willing to trash it for 6 years if needs must but having it trashed for over a decade seems crazy. This is the dilemma I am in
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Mackenzie Hall/Lowell


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I had debt and a bad husband hid from both and divorced the latter it is now 7 and a half years later and the following letter arrived.

 

my name and address

15th november 2006

 

 

reference: blah

pursuers: The Lowell Group

principal sum: £7167.69

 

 

 

This letter is sent by the way of an introduction to Mackenzie Hall limited, who have been instructed by the Lowell Group, being the owner of the above account , to pursue you for payment in full.

 

This communication is an attempt to collect the payment in full without the need for further action.

 

Our client's records show that you are contractually responsible for payment of all monies due.

 

The agreement, dated and regulated under the terms of the Consumer Credit Act 1974 went into default and subsequently charged off by the original .

 

as a result of that default, the total balance outstanding at today's date amounts to £7167.69 inclusive of all interest accrued in accordannce with the terms of the agreement.

 

Accordingly The Lowell Group, as the legal owner of the balance due, is entitled to immediate payment of that amout from you. Your paument must be made payable to Mackenzie Hall and sent immediatly to:

 

Mackenzie Hall Ltd

2nd Floor

30 the foregate

Kilmarnock

Ka1 1Lu

 

quoting reference no blah blah

 

If you dispute the validity of all or any part of this debt, you must notify Mackenzie Hall in writing, providing full details of the reason for your dispute. within 7 days from the date of this letter.

 

should you wish to discuss payment, please telephone the number enclosed between the hours of 08.30hrs and 19.30hrs Monday to friday and 09.00hrs and 12.00hrs Saterdays.

 

If we do not hear from you within 7 days, further action will be taken in respect of the full outstanding balance.

 

Foolishly i panicked rang and quoted ref saying i had letter passed to me right name and date of birth but i had never lived at the previous address and area they quoted (though i had) and they had the wrong person. they said they would get there accounts to check. And now im living on my nerves.

 

it has now been 7 and a half years and i am told that after 6 years it is written off so it seems someone is trying to scare me into paying it.

can anyone help!

 

 

 

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You got it in one, they are trying to scare you...

 

I have to admit, that it a pretty tame letter from these people... I think it is just a fishing letter to see if you are unaware of your rights and pay them some money...

 

If it is more then six years since a payment was made then the debt is statued barred...

 

If you don't hear from them again all well and good. If they contact you again deny the debt and send them a cca request letter

Remember if you find anything I say helpful, please click the scales

 

 

tbern123 vs Cabot

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When did you last make a payment on this debt or acknowledge it in writing? Was it a joint account and if so is there any chance that the other party may have made a payment in the interim/

A debt does not get written off after 6 years you still owe it - it is justthey cannot do anything to enforce it providing there has been no CCJ issued.

Consumer Health Forums - where you can discuss any health or relationship matters.

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  • 1 year later...
  • 1 month later...

i belive they are the same as i have been contacted by "lowell portfolio" they are the same as lowell group and they have been on watchdog as a [problem] red are the same company lowell as i got a "automated" reply for a email and it has lowell group down the bottom of the email i would ignore anymore of them as they are complete [problem] artists

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This is a fishing epedition. If a CCJ was awarded the tone would be different. The ONLY way to deal with Mackhall is ignore - they specialize in purchasing Stat barred debt and rely on folks ingnorance to pay up.

 

Enter absolutely no communication with these idiots.

 

As folks have said here, if you have entered no written acknowledgement or made a payment in 6 years its stat barred. The fact its Mack means its almost guaranteed unenforceable.

 

Had 4 similar in the last year and they all came in useful one night when I ran out of loo paper

 

Rob

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hi all well yea it seems that way now i decided to contact "lowell" by email and they havent bothered to respond but i have got a letter today which makes me think they are even more dodgey they are asking me to "bid" to buy my account back and if i wont do that then i have to pay £35 a month but i dont even know what the hell the debt is ive never heard of the companies they are trying to claim for 1st credit or summit well i checked them out and they do loans n stuff but ive never had a loan so why should i "bid" for a account if i dont know what the hell it is?

 

also they expect me to fill in loads of detaiils including a dd setup i dont think so!!!

any opinions please

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File under "I" for Ignore. If you're bothered by the letters send the Credit Agreement request letter in the templates section, stating that you do not acknowledge the debt and you have no idea why they are sending you demands for money. Whether its MacHall or Lowells, neither can normally produce agreements and neither rarely have the weight to follow through.

 

It is ultimately up to them to show you personally owe the money, and that they have a right to claim it from you. You can of couse challenge and defend this in court if it ever got that far (very unlikely), but it is best to help them come to the realisation that they would be unable to bring any successful action against you. The CCA request is the first step in doing this.

 

Oh and remember NEVER sign anything to a DCA, it takes seconds for them to scan and paste your signature onto a blank agreement.

 

Good Luck

 

Rob

Edited by RobMitch
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