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deptor

Lowell Claimform - old Orange Mobile debt ***Claim Discontinued***

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Hello I wonder if someone could offer me some advice.

 

I received a letter from lowel Solicitors headed: Notice of Acting.

 

They asking me to pay an old Orange debt.

 

1- Should I ignore the letter? I haven't speak to them so far and always ignore them.

 

2- If there was no payment at all which date SB will be calculated from?

 

3- If the contract made in Scotland, SB referred to Scotland or the place you are living now?

 

Thanks in advance

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Statute barred will depend upon the jurisdiction in which the contract was made. If the contract was made in Scotland then the time will be five years from the date that the breach could reasonably have been discovered – in your case the date of the last missed payment.

 

Maybe you can give us a more details please

 

By the way, I haven't heard of "notice of acting" before but I dare say that someone else will come along and who will clarify.

 

However, I suspect that it may be some kind of procedural requirement if an action is being brought in Scotland. I say that simply because you have referred to Scotland so I am putting two and two together – but maybe I'm coming up with 5


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Thanks for quick reply.

 

This is for my friend.

 

1- Contract made early 2012 in Scotland.

 

2- No payment done from the begining (even first payment missed).

 

3- She was out of the contry for 10 months and then she backed to Birmingham and now she is in Birmingham.

 

4- Account defaulted on Oct 2012 based on credit report.

 

5- Received some letter from Lowell and some offer and discount that ignored.

 

6- Received a letter headed "pre-legal" assessment asking for full payment and stating that they are considering to refer this to the a solicitor.

 

7- Receive a letter from Lowell solicitor headed "Notice of Acting" and asking for full payment or monthly payment.

 

Nothing else in the letter regarding any legal action to be taken or threaten to do so.

 

Thanks

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Read the CONC rules relating to statute barred debts.

 

In respect of the Scottish contract, if there has been no payment since the last payment more than five years ago and if there has been no acknowledgement of the debt during that time then it should be statute barred. Under the CONC rules if you draw this to their attention then they are not allowed to take any further enforcement action. They should remit the file back to the original creditor who also should take no further action.

 

If anybody then goes on to take action after you've put them on notice then they are in breach of FCA rules

 

Please be aware that this simply means that the debt is unenforceable. It does not prevent the debt being entered onto a credit file and remaining there for six years.


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so she has moved from the address that the contract was taken out at

and has never informed lowells where she is living now

but are getting all these phishing letters?

 

oh and Scottish sb rules are different to conc statement.

 

in Scotland once a debt reaches 5yrs of no payment or written signed acknowledgement of the debt from the supposed debtor

the debt is EXTINQUISHED ..DEAD GONE DOES NOT EXIST PARROT..


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Yes,

When she backed to UK,

after a while they found her address and starting sending the letters.

 

She changed the address several times without any contact to Lowell,

but I don't know how they could trace her and sending the letters to her new address.

 

@BankFodder;

 

Thank you for the information. I will have a look at them and if I need more advice I will back to you.

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shes not made any payments so the debt is now extinguished under Scottish law - it does NOT exist.

 

these phishing letters need to be answered in ONE letter which is the Scottish SB letter detailed below in the link

https://www.consumeractiongroup.co.uk/forum/showthread.php?387433-Statute-Barred-Letter-SCOTLAND-**Update-21st-April-2014**

 

this must be done as it will serve two purposes

the debt is dead

they will then have her correct address thus stopping a backdoor degree which they will go for as that's the point of the phishing letters

 

the days of ignoring DCA's, running away from debts are long gone.


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Thanks for reply.

 

I just want to make sure that it is under Scottish Law.

 

It doesn't matter where are you from, or where do you live at the moment.

It is county based on the time you are signing the contract, where you are living (at that period she was living in Scotland), is it correct?

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residence at time of signing.


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what is the supposed debt and who was the original 'creditor'

sorry this has not been asked


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oh god

they 'll never win anyway if defended

but thats by and by now as its confirmed extinguished

 

the major thing you need to do is protect against a backdoor decree

that's reason for the letters.

they've got the address from your [her] credit file

 

so if no response is forthcoming, they'll know that they'll be pretty successful in filing a claim against the old address.

 

in Scotland, a degree doesn't expire for 20yrs so get that letter running.


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Sorry I didn't catch a degree doesn't expire for 20 years .., what does degree means?

 

and can you explain what do you mean by backdoor decree?

 

We didn't acknowledge any debt, should we first ask for any evidence or we accept the liability and send the SB letter?

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Sorry I didn't catch a degree doesn't expire for 20 years .., what does degree means?

 

and can you explain what do you mean by backdoor decree? even if the debt is sb'd if you don't inform them of your present address they can get a court judgement sent to her old address and she'll know nowt about it, , in Scotland that's called a decree.

We didn't acknowledge any debt, should we first ask for any evidence or we accept the liability and send the SB letter?

 

 

no need to ask for any evidence, its dead, extinguished..

send the sb letter I've already pointed too.

once a debt is sb'd you can't un bar it [reset sb] by sending any letter even if you sign it.

not even a judge/sheriff can unbar a 'SB debt'


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and?


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and?

 

Hi

 

Thanks you for the follow up.

 

I sent them a prove it letter and I got the answer back today.

 

They said this not regulated by Consumer Credit Act 1974 and the supplier may not retained a copy of agreement and the agreement are deemed to be accepted when the seal on the SIM card is broken.

 

And they asked us to pay the balance within 30 days or a claim may be issued in the County court.

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who said send a prove it letter??


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who said send a prove it letter??

 

 

Legal Advisor.They said if the account already status barred nothing will happen while you don't acknowledge the contract.

 

We didn't acknowledge and asked for prove it and then we can sent the SB letter if needed. Is it wrong?

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then go shoot them....!! utterly useless advise

 

I said send our Scottish statute barred letter.

 

dx


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Sorry you are right.

However, you said nothing can change the SB.

So that made me relax if I send this letter without acknowledging nothing will change the SB.

Does this affect that?

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ends the matter..


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ends the matter..

 

 

You mean acknowledge the debt and send them Scotland SB?

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what part of post 6 are you not understanding?


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then go shoot them....!! utterly useless advise

 

I said send our Scottish statute barred letter.

 

dx

 

I undrestood that, however the advisor said it is tricky.

As she moved to England and living in England for several years, then the England rule might be applied.

 

what part of post 6 are you not understanding?

 

Please don't get me wrong.

When you are in situtation like this, you try to move very carefully and avoid mistake.

We tried to seek advice from different sources and try to move step by step and carefully.

We appreciated all you support, help and advice you provided. :)

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already answered that in post 10......................


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