lowell and chasing debt is it statue barred ???

[flicky1314]

Re: lowell and chasing debt is it statue barred ???

Any ideas [MENTION=55034]nemesis45[/MENTION]

[nemesis45]

Re: lowell and chasing debt is it statue barred ???

Any ideas @nemesis45

At the moment I'm not sure the Ts& Cs are correct going to see what I can find out Flicky.

nem

[flicky1314]

Re: lowell and chasing debt is it statue barred ???

Ok thanks Hun x

[flicky1314]

Re: lowell and chasing debt is it statue barred ???

Just been looking at the statement again and realised that if the are saying my last payment was in Aug/sept why has it taken them nearly a year record a default as default date is 10/08/2010. Any help .. Plz [MENTION=55034]nemesis45[/MENTION]

[nemesis45]

Re: lowell and chasing debt is it statue barred ???

Just been looking at the statement again and realised that if the are saying my last payment was in Aug/sept why has it taken them nearly a year record a default as default date is 10/08/2010. Any help .. Plz @nemesis45

Hello Flicky,

JD Williams like other " catalogue" firms have been known to allow delinquent accounts to sit on file without defaulting them then they sell the debts all at once.

In your case the default date in unfair, the Information Commissioners Office which regulate the way defaults are used maintains that defaults should be placed within 6 months of the cause of action i.e. the date of the last payment.

This has been successfully challenged in the past and defaults dates have been put back to a more reasonable date.

nem

[flicky1314]

Re: lowell and chasing debt is it statue barred ???

Hi nem. So in theory this debt is statue barred . What would be my next step with them Hun ? X

[nemesis45]

Re: lowell and chasing debt is it statue barred ???

Hi nem. So in theory this debt is statue barred . What would be my next step with them Hun ? X

Hi, Flicky.

It would be a formal complaint addressed to the Data Controller in regard to the disadvantage caused by the delay in defaulting the account my feeling is that after 2-3 missed payments the account would have fallen into default and it would be appropriate, fair and reasonable to move the default date back 5-6 months.

A formal complaint allows the recipient 56 calendar days to fully investigate the complaint and to respond to it, if the response is unacceptable then a complaint to the ICO can be made.

nem

[flicky1314]

Re: lowell and chasing debt is it statue barred ???

Ok Hun so is there a template letter I can send ?? Do I send a copy to Lowell? If not is there a something I can send to Lowell because obviously I don't want to ignore them or they go down the court route
thank you [MENTION=55034]nemesis45[/MENTION] for ur help in this xx

[nemesis45]

Re: lowell and chasing debt is it statue barred ???

Ok Hun so is there a template letter I can send ?? Do I send a copy to Lowell? If not is there a something I can send to Lowell because obviously I don't want to ignore them or they go down the court route
thank you @nemesis45 for ur help in this xx

No template as far as I know for this situation, I can draft a letter for you but not until tomorrow.
Is all your correspondence from Lowell or is it from their solicitors?

nem

[flicky1314]

Re: lowell and chasing debt is it statue barred ???

All from Lowell Hun, tomorrow is great Hun thank u x

[nemesis45]

Re: lowell and chasing debt is it statue barred ???

All from Lowell Hun, tomorrow is great Hun thank u x

Ok Flicky will do!

nem

[flicky1314]

Re: lowell and chasing debt is it statue barred ???

[MENTION=55034]nemesis45[/MENTION] should I send a sb letter to Lowell ? X

[nemesis45]

Re: lowell and chasing debt is it statue barred ???

@nemesis45 should I send a sb letter to Lowell ? X

.
Hello Flicky

This for JDW.

Private & Confidential,
For the attention of
The Data Controller
JD Williams Ltd.

use their HO address.

Ref: account No...........................................

Formal Complaint.

Re: Placing and reporting of Defaults:

Dear Sir/ Madam,

I refer to the above mentioned account which is now in the hands of Lowell which is now pursuing what I believe is a statute barred debt.

Whilst preparing a defence to Lowell claim which I believe is out of time in relation to section 5 of the Limitation Act 1980 I have discovered that JD Williams defaulted the account on date.................. some 11 months after payments or correspondence ceased this I believe it outside the Information Commissioner Office guidance on the reporting /placing defaults.

Had the default on this account been promptly placed I would not now be disadvantaged in relation to the provisions of LA 1980 and I believe that JD Williams should amend the default date on this account to a date no later than 2-3 missed monthly payments.

I request that the company takes the suggested action to correct the disadvantage that the last placed default has caused.

I hope JD Williams can see its way forward and assist me in this matter.

I do however reserve the right to seek a ruling from the Information Commissioners Office.

Yours etc.

Hi Flicky no guarantee of success but it has worked in the past with catalogue accounts.

Please add specific dates where necessary. Any probs please let me know.

As to an SB letter to Lowell I can see no harm, make sure it cannot be construed as an admission of liability.

nem

[flicky1314]

Re: lowell and chasing debt is it statue barred ???

[MENTION=55034]nemesis45[/MENTION]. Thank you for that Hun and taking the time to do it. But as yet Lowell haven't taken me to court. So shall I still send that letter and just take out the bit about the county court judgement? I'll write a sb letter tonight. Run it through u before I send is that ok ? Xx

[flicky1314]

Re: lowell and chasing debt is it statue barred ???

[MENTION=55034]nemesis45[/MENTION]. Sorry to keep on Hun but as Lowell having taken me to court yet should I send the above letter or just Adapt it abit. Xx