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Debt from nearly 6 years ago (Scotland) - Lowell Pre-legal Asessment Letter

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  • Debt from nearly 6 years ago (Scotland) - Lowell Pre-legal Asessment Letter

    Hi there,

    Would one of you kind souls help me?

    I had a bank overdraft that remained unpaid unfortunately, and it has now caught up with me - £1580.

    According to my Experian report, the default date is 1 April 2009. I have not acknowledged the debt at all and have not been in contact with that bank since at least late 2008.

    I have now had a letter from Lowell (a Pre-Legal Assessment Letter) that states:

    "...as you have not paid we have obtained information about you and your current financial circumstances from a credit reference agency to help us determine whether we should take legal action against you.

    From this information we beleive you are working, have other credit products and that using the Sherrif Court is a realistic option for us to recover the money you owe.......

    ......we genuinely want to avoid taking legal action....."

    What should I do? I'm a little worried.

    Any insight would be greatly appreciated.

    Many thanks

  • #2
    Re: Debt from nearly 6 years ago (Scotland) - Lowell Pre-legal Asessment Letter

    Hi Welcome,

    If your dates are right the debt became statute barred and extinguished under Scottish Law.

    Limitation period is 5 years.

    So;

    Dear Lowlife,

    I refer to your letter dated xx/xxxx I regarding an alleged debt £xxxx.xx arising from an account with xxxxxx.

    Please take note the alleged debt is Statute Barred under Scottish law and extinguished , therefore I will not make any payment or offer of payment now or in the future.

    Lowell will immediately remove all data relating to me from its records and confirm in writing that it has done so.

    Use signed for post, check receipt.

    Address letter to Ms Sara de Tute, Director of Legal and Compliance
    The Lowell Group
    Ellington House
    9 Savannah Way
    Leeds Valley Park
    Leeds
    LS10 1AB

    Hope this helps.

    nem

    Comment


    • #3
      Re: Debt from nearly 6 years ago (Scotland) - Lowell Pre-legal Asessment Letter

      Hi Nem!

      Thank you so so much for getting back to me!

      So as easy as that, I should just send a letter with what you said? That's amazing!

      Do you think they may try and argue their way out of it?

      Thanks again

      Comment


      • #4
        Re: Debt from nearly 6 years ago (Scotland) - Lowell Pre-legal Asessment Letter

        If it's statute barred, they can't enforce it :tinysmile_twink_t2:
        They might try and 'find' a payment from within the last 5 years (to show it's not SB) but you can always argue against that :tinysmile_grin_t:

        Have you thought about sending a SAR request to the original creditor (costs £10) ... that should give you all the information/documentation you would need regarding payments etc... although the bank will have 40 days to comply after accepting the request.
        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

        It doesn't matter where your journey begins, so long as you begin it...

        recte agens confido

        ~~~~~

        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

        I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
        But please include a link to your thread so I know who you are.

        Specialist advice can be sought via our sister site JustBeagle

        Comment


        • #5
          Re: Debt from nearly 6 years ago (Scotland) - Lowell Pre-legal Asessment Letter

          As Kati says they may try to argue, but from experience I would make a guess that the Lowlife desk jockey/ threatogram operator has no clue about Scottish Limitations Law.

          nem

          Comment


          • #6
            Re: Debt from nearly 6 years ago (Scotland) - Lowell Pre-legal Asessment Letter

            Thank you so much Kati!

            I think I will just send them the letter and get it over and done with! Although I shall definitely bear in mind re writing to the original creditors if they continue to pursue the debt.

            Many thanks again for your reply :tinysmile_twink_t2:

            Comment


            • #7
              Re: Debt from nearly 6 years ago (Scotland) - Lowell Pre-legal Asessment Letter

              Well here's hoping Nem. :tinysmile_twink_t2: I shall write to them tomorrow as you suggest and shall let you know how I get on.

              Comment


              • #8
                Re: Debt from nearly 6 years ago (Scotland) - Lowell Pre-legal Asessment Letter

                Happy to help!!

                Good :tinysmile_grin_t:Luck!!

                nem

                Comment

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