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    • statute barring in Scotland is 5yrs from last payment/use date or date of default Notice + 14 days, whichever is the later. dont confuse that with the 6yrs debts show on credit files (DN's 6th bday regardless to payment or not). they'd never get a claim raised by august in 99% of cases . as long all these debts were taken out whilst resident in scotland and you have not moved since taking them out but failed to inform the original creditor before the debt sale....... then stay radio silent until sb date is reached. then if you wish send our scottish sb letter. just remember unlike E&W in scotland debts are extinguished, dead , gone , parrot. once SB'd dx  
    • Hi all, Love this site and it's no nonsense advice, have dipped in and out of the consumer forums over the years, mostly to assure myself that what I was doing was the right thing when dealing with various businesses (almost 100% success rate, thanks in part to reading and more reading here.). Anyway, the time is almost approaching where I might need to ask for some specific help and I have a couple of queries that I can't see definitively answered. Due to financial mismanagement and severe anxiety issues I stopped paying all unsecured debt in December 2018 (one slipped to the first week in Jan 2019 when the last payment was made having rechecked my bank statement from that period - all my unsecured debt direct debits were cancelled in early Jan 2019). This has left half a dozen debts;  a couple of credit cards, a bank loan, Shop Direct and some Hitachi Finance stuff having been sold on and passing the rounds through the usual suspects, Lowells, Link, PRA Group, others related to them, and then back to them again. I have somehow successfully managed to maintain radio silence and avoided anything more worrying than their begging letters.  I have blocked their phone calls and texts, bumped all emails to the spambox and had a chuckle at their desperate letters.  I've never had anybody at the door.  I have been at the same address since before I defaulted and all correspondence comes to my current home address.  I have NEVER contacted them or admitted any debt. In anticipation of them perhaps ramping up action at the last minute I've had a look at my credit report on Credit Karma (rec'd from this very place) and I see that the default dates on these range from May 2019 to November 2019. Also in preperation I've been reading, reading and reading lots here as advised. Obviously being in Scotland there are a lot fewer posts relating to these matters and it's always quite annoying when OP's do not follow up with any outcome on their cases - how rude! This has also left me a bit confused of when I am able to finally breathe easy (although cancelling all the direct debits in Jan 2019 was the biggest sigh of relief as I knew it was all going to be unmanageable and, well, default one, default all.). I've been reading that defaults should be filed 3-6 months after the missed payment but one of my larger debts was defaulted on 27th August 2019 when the last payment I made was 10th December 2018, meaning the first missed payment was 10th Jan 2019.   My query for now is - when should I infer that these debts are prescribed?  From when the payment was missed, or taking the default date plus 5 years from the credit report? The three I have with the May date are moot anyway as either way they are gone  - some letters from Lowell offering me 90% off to settle is what got me thinking these must have been near SB status, however I have one big 10k+ with a July date and another 10k+ at the end of August I am feeling a bit anxious again, even though I know there is nothing to worry about with the begging letters.  Reading the various forums I am not sure why the OC's didn't take action against me when I read time and again the surprise that other posters haven't already been taken to court for lesser amounts - I'm also surprised I've avoided any action this long as there are plenty in this forum and sub forum who are whisked off to the court by the beggers minions after only a year or so after defaulting.  There are no CCJ/decrees listed on my credit report and I have not received any such judgements against me.  I still just regularly receive the begging emails to the spambox, the blocked phone calls and the letters from the they. I'm also reading that there is no need in Scotland to send an LBC so what should I be looking out for to know that the time has come to engage with CCA requests etc? I'm afraid in a fit I threw a lot of the paperwork out but I have a box of stuff I'm going to go through which may have the original letters from the OC's. Thanks in advance for any advice.  
    • I'm at work now but promise to look in later. Can you confirm how you paid the first invoice?  It wasn't your fault if the signal was so poor and there was no alternative way to pay.  There must be a chance of reversing the charge with your bank.  There are no guarantees but Kev  https://find-and-update.company-information.service.gov.uk/company/09766749/officers  has never had the backbone to do court so far.  Not even in one case,  
    • OK  so you may not have outed yourself if you said "we". No matter either way you paid. Snotty letter I am surprised that they were so quick off the mark threatening Court. They usually take months to go that far. No doubt that as you paid the first one they decided to strike quickly and scare you into paying. Dear Chuckleheads  aka Alliance,  I am replying to your LOCs You may have caught me the first time but that is  the end. What a nasty organisation you are. You do realise that you now have now no reason to continue to pursue me after reading my appeal since you know that my car was not cloned. Any further pursuit will end up with a complaint to the ICO that you are breaching my GDPR.  Please confirm that you have removed my details from your records. ------------------------------------------------------------------------------------------------------------------------------------------------------------ I haven't gone for a snotty letter this time as they know that you paid for your car in another car park. So using a shot across their bows .  If it doesn't deter them and they send in the debt collectors or the Court you will then be able to get more money back from them for  breachi.ng your data protection than they will get should they win in Court-and they have no chance of that as you have paid. So go in with guns blazing and they might see sense.  Although never underestimate how stupid they are. Or greedy.
    • Thank you. Such a good point. They did issue all 3 before I paid though. I only paid one because I didn’t have proof of parking that time, only for two others.  Unfortunately no proof of my appeal as it was just submitted through a form on their website and no copy was sent to me. I only have the reply. I believe I just put something like “we made the honest mistake of using the incorrect parking area on the app” and that’s it. Thanks again for your help. 
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Lowell BT Claim Statute Barred or not?***Claim Discontinued***


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I posted this on the banana site but haven't had any response so was wondering if you could help.

I've just copied and pasted what I put on their site below.

 

I think I may have missed some of your standard questions so will have a look and try and answer anything I've missed below.

If any of you could help I could really use it.

 

I've got a bit of a different one here I could do with some help with.

I've seen the forum and have a general idea of what I should be doing but could do with some guidance.

 

Details below:

 

Received a claim? Yes

Issue Date: 30 Jan 2019

Have you Acknowledged the Claim?: Yes

Total Amount Claimed : £300

Claimant’s Name: Lowell Portfolio

Solicitors Firm: Lowell Solicitors

Original Creditor: BT

Original Debt : Phone Line

Particulars of Claim:

1) The defendant entered into an agreement with BT PLC under account reference xxxxxxxxxx ('the agreement')

2) The defendant failed to maintain the required payments and the service was terminated.

3) The agreement was later assigned to the Claimant on 27/03/2017 and notice was given to the Defendant

4) Despite repeated requests for payment, the sum of £xx remains due and outstanding.

And the claimant claims

a) The said sum of 222

b) Interest purusant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of issue accruing at a daily rate of £0.049, but limited to one year, being £17.78

c) costs

 

Is the debt Statute Barred: No

List any letters you have sent: None

 

Any Other Information or Background Details:

This account was from 2008/2009 when I was a student.

I had a BT line to allow us to get broadband at our house.

When I moved out of the house in 2009 the landlord took over the account as he was providing this as part of the house rental going forward.

The name and payment details on the account were changed online.

 

I have not paid anything towards this account since May 2009.

Having spoken to BT they said the only information they have is that Lowells made the last payment to the account on 29/11/13 the date the account defaulted.

They cannot provide any other information regarding payments due to this being such an old account.

Lowell (in a phone call) claim the last payment made towards the account was in July 2013 with the account defaulting in Aug 2013.

 

Is it possible to argue that this debt should be statute barred as I have not paid anything towards it since 2009, or because someone else has made payments does this cancel out this defence? I should be able to prove I have not paid anything by requesting bank statements showing what payments I have made to BT.

 

During my conversation with Lowell they also confirmed that they had been sending documents to another address (different to the account address) which I have not lived at for 14 years.

 

What should my next steps be?

Request account details from BT

Request the specific documents from Lowell under CPR31.14

 

Anything I’ve missed? If you need any other info please let me know. Your help really is appreciated with this!

 

What is the claim for – the reason they have issued the claim?

1) The defendant entered into an agreement with BT PLC under account reference xxxxxxxxxx ('the agreement')

2) The defendant failed to maintain the required payments and the service was terminated.

3) The agreement was later assigned to the Claimant on 27/03/2017 and notice was given to the Defendant

4) Despite repeated requests for payment, the sum of £xx remains due and outstanding.

And the claimant claims

a) The said sum of 222

b) Interest purusant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of issue accruing at a daily rate of £0.049, but limited to one year, being £17.78

c) costs

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Nothing received, the claim letter is the first I have got.

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Multiple times.

 

Did you inform the claimant of your change of address? No, I left the property after finishing as a student. My landlord took over the account.

 

What is the total value of the claim? £300

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? BT Landline account

 

When did you enter into the original agreement before or after April 2007 ? After April 2007

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Not showing on my Noddle account (only one I use)

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Account assigned and debt purchaser issuing the claim.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I did not receive a notice of assignment.

 

Did you receive a Default Notice from the original creditor? I did not receive a default notice.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I have not received any notice of default sums. As I mentioned above Lowell have been sending letters to an address I have not lived at for 14 years.

Why did you cease payments? I moved out of the house, landlord took over to provide phoneline for the house.

 

What was the date of your last payment? May 2009 (but payments have been made since by third party, Lowells final payment is the only one showing on BT's records)

 

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

 

I hope answering the above gives a little more information. If anyone can help me with this it would really help me out! If you need to know anything else please let me know.

Edited by dx100uk
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pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

 

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

 

 

…………..

 

if you have proof you moved out in 2009 then its statute barred as far as you are concerned.

 

usual roboclaim from lowells

 

shame you spoke to them!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for the quick response. I've registered and done the AOS.

 

I'll get the CPR 31.14 sorted today.

 

What sort of proof do I need? House contract or a bill? Does the fact someone else paid towards the debt not have any effect on it being statute barred?

 

Why does the fact I've spoken to them have an impact?

 

Thanks again for your help.

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So you have been making payments to Lowell ?

 

"Having spoken to BT they said the only information they have is that Lowells made the last payment to the account on 29/11/13 the date the account defaulted.

They cannot provide any other information regarding payments due to this being such an old account.

Lowell (in a phone call) claim the last payment made towards the account was in July 2013 with the account defaulting in Aug 2013."

 

We could do with some help from you.

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Who is this third party then making payments on your behalf ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Not possible to change a name on an account AFAIK...its must be terminated then re applied for....did you get conformation from BT that they agreed to this and processed it?

 

Did you ever see any paperwork with LL name on it ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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And you actually viewed his name as account holder on line ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Fair enough...your defence should be cut and dry.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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I would explain the circumstances and the change in account details...it would be statute barred but you have to prove that the agreement was in fact changed to LL name and what date?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Thanks for your help.

 

Is it OK if I come back if I receive anything from Lowell or BT to get some advice on my defence?

If they don't send anything through I will not be able to prove the name was changed.

 

I might be able to prove I didn't make payments from 2009 by going through my bank statements but can't prove my landlord made the payments after I left without full account information.

Edited by dx100uk
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And there lies the sticking point.....but of course come back a week before your defence is due and we will assist in preparing a suitable response.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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  • 2 weeks later...

Just a quick update, attached is the letter I have received from Lowell today.

Any advice on this?

 

I've confirmed my SAR in writing but they have acknowledged it in this letter so hopefully I will get something back soon.

Is it just a case of waiting to see what they send?

DSC_0028.JPG

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did you send Lowell an sar?

did you ask for the deed in our CPR 31:14

and the agreement?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Lowell template response...bit like Restons

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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did you send Lowell an sar?

did you ask for the deed in our CPR 31:14

and the agreement?

 

dx

 

I have sent Lowell an SAR and that's what they are referring to in the letter.

 

I asked for the following documents in the CPR 31.14 but they've not sent anything just that letter.

1. Agreement / Contract

2. Default Notice

3. Assignment

4. Formal Demand

 

 

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Do I need to go back to Lowell for any further information or is it just a case of waiting for the SAR to come back? I doubt they will send anything through anyway.

 

I've got my old letting's agent looking into the contract for the property I moved into after moving out of the address where this debt occurred. So I should be able to prove I no longer lived there.

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let it run

defence is not due till Friday week

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Thanks for the response, I'll let it run as advised. I plan on starting to put together my defence this Friday so I've got the basics down before the date it is due. Hopefully I will have some documents through before next Friday!

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why ..you don't want then to comply..think about it...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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