Letter from Lowell regarding Look Again cat debt, possibly SB

[thedryad]

Yesterday, I received a letter from Lowell portfolio, and with it in the same envelope was a letter from Look Again catalogue regarding what I believe to be a debt older than 6 years. The letter from Look again said that they had sold my debt to Lowell. 

 

The letter from Lowell in the same envelope said that they were now dealing with my account that that it was sold to them on 25th February. 

 

I don't believe that they can enforce the debt as I think it's statute barred, however it may be just under 6 years which is possibly why they're chasing me for it now. 

They also have my old surname on the letter and I haven't used that name in over 4 years. 

 

I don't want the company to have my new name or indeed any of my details really. If I write to them I'm not sure what name to use on the letter but can anyone advise me which template to use please?

[Homer67]

When was your last payment made on the account?

 

The statue barred clock starts ticking from the defaulted date, so not the last payment but the first payment that fails.

 

They could just be phishing to see if you respond, bearing in mind you have changed your name they might not even know it's you they seek.

[thedryad]

I have no idea when the last payment was made. I think the letter I need to send is one stating that I do not acknowledge any debt to them. I also bet they don't have a valid CCA. 

[Homer67]

No action is best until the experts have answered, don't be in a rush to respond as they are a powerless DCA anyway and can do nothing.

[AndyOrch]

CCA request...use the name they have used.

[dx100uk]

no harm in ringing look again and asking last payment date either.

dx

[comebackjimmy]

Would be useful to know when you last paid them.

 

Can you go back over any old bank records and find out.

 

If not why not write to Look with a SAR request.   they then have 30 days to provide you with everything they have on their system about you and with any luck they will have a sale ledger that shows all you payments.

 

Use the template this site supplies and DONT SIGN anything in your SAR letter.  No need to give them any signature they could use to reconstitute any old contract you have with them.

 

As I understand it if you are in Scotland then the limit for legal action is five years, anywhere else in the UK is six years.   The clock runs from the last time you made a payment unless since then you sent them some kind of letter or email in some way acknowledging that you owe them any money in which case the clock runs from the date of that communication.

Edited March 21, 2019 by comebackjimmy

[thedryad]

Last payment was in 2015, so less than 6 years ago.

I have sent Lowell a CCA request.

[comebackjimmy]

What is the total amount they are asking for?

 

I have been chased by Lowell for some considerable time now for a card debt of around £1500.  It is about to become Statutory Barred.

 

I have not during all that time responded to any of their correspondence or calls, I have been a big black hole into which they pour their energies.  They probably do not know for sure if I am out here so reluctant to take any legal action as it could be a waste of time and money.

 

This is an effective strategy and I strongly suggest you follow it pending any better and more informed advice coming from other advisors on this site.   Bookmark their phone numbers when they ring so you know it is them and let it go to voicemail.    Keep all their letters but file them and do not reply unless it is a firm letter before action or a claim form.   Then come back on here for advice.

 

Here is a list of numbers from which they have called me in the past which you can put in your phone but of course they might use other ones as well so be cautious.

 

07900742239 
01133086169 
08448150652 
0844444716  
01133086000 
01133086035 
07900742242 
0333 556 5500 
0333 556 5501 
0333 556 5835
0333 556 5560 
0333 556 5561

[thedryad]

Thank you. I have other debts with Lowell, one of which is a CCJ. 

I have sent them a CCA request and I very much doubt they will have it.

the debt is for under £200.

[Bazooka Boo]

6 hours ago, comebackjimmy said:

Use the template this site supplies and DONT SIGN anything in your SAR letter.  No need to give them any signature they could use to reconstitute any old contract you have with them.

 

 You MUST sign the SAR.

 

Old wives tale using sigs to commit fraud.

[ericsbrother]

agree, they need sig to help verify who you are. It also then bashes them when they try and claim that they need more ID to process your SAR, the law is very clear on that.

 

What you dont need to sign is a CCA request because if they then decide to muck you about the debt enforcement clock is on hold anyway. All covered of the EU money laundering regs on "knowing your customer"

[thedryad]

Lowell have replied. They have asked te OC to provide the requested CCA and they say they aim to provide it within 12 working days. I very much doubt that they will.

 

Also is an electronic CCA sufficient? I didn’t sign anything when I took out this catalogue. I’d remember.

[dx100uk]

still has to be enforceable even with an electronic sig.

 

 

[thedryad]

Also, surely if Lowell bought the debt, which they say they have, then the CCA should have been passed onto them with the “account”. So purchasing a debt from a creditor with now CCA is very shoddy.

[dx100uk]

no..no debts are sold on with any paperwork

you are just one line in a spreadsheet of 1000's of people in a portfolio

 

[thedryad]

On 21/03/2019 at 12:28, comebackjimmy said:

Would be useful to know when you last paid them.

 

Can you go back over any old bank records and find out.

 

If not why not write to Look with a SAR request.   they then have 30 days to provide you with everything they have on their system about you and with any luck they will have a sale ledger that shows all you payments.

 

Use the template this site supplies and DONT SIGN anything in your SAR letter.  No need to give them any signature they could use to reconstitute any old contract you have with them.

 

As I understand it if you are in Scotland then the limit for legal action is five years, anywhere else in the UK is six years.   The clock runs from the last time you made a payment unless since then you sent them some kind of letter or email in some way acknowledging that you owe them any money in which case the clock runs from the date of that communication.

Not Scotland - Wales.

[thedryad]

They’ve replied. saying they have referred my request to their client. 

This was on 25th March. 

[AndyOrch]

DSAR should have gone to Look Again......not the debt chaser.

[thedryad]

It was a CCA request. As advised.

[AndyOrch]

Ah I thought you was responding to post #17 quote

[dx100uk]

On ‎21‎/‎03‎/‎2019 at 12:28, comebackjimmy said:

If not why not write to Look with a SAR request.   they then have 30 days to provide you with everything they have on their system about you and with any luck they will have a sale ledger that shows all you payments.

 

Use the template this site supplies and DONT SIGN anything in your SAR letter.  No need to give them any signature they could use to reconstitute any old contract you have with them.

you sign an SAR jimmy

the only time you don't is if its going to a DCA debt buyer

and then theres no real point ever in sending a DCA an SAR anyway.

 

dx

 

[thedryad]

As Lowell have not fulfilled the CCA request and it is now outside the time scale, I assume I'll not hear back from them and they'll refer the debt to the OC.

 

Do I need to send a letter informing them that they are in breach?

The CCA request was signed for two days after I sent it and the letter they sent me saying that they'd request the CCA from the OC was sent a few days later.

 

It has now been 18 days. 

[dx100uk]

until or unless they comply you cease payments and ignore them.