Lowell portfolio default help

[Nic234]

Hi Lowell group have been chasing my husband regarding a debit from Provident personnel credit ltd we have sent s a prove it letter and they sent agreement with signatures on it which I posted on a earlier thread, but by our calculations the debt was not payed since December of 2008. But by the credit report on noodle it was delfault on 21st dec 2009. Decided to sent them a letter to say that this is status barred and the response was as below

we appreciate that the last payment may have been more than 6years ago but the debit did not become fully due and payable until provident personnel credit ltd issued a default notice which you did not comply with. According to our information the default was 21/12/2009 and therefore we consider that the debit is enforceable for six years from that date.

Is is this correct and do we have to repay this now.

[Nic234]

Re: Lowell portfolio default help

Can someone help on the above matter:tinysmile_cry_t:

[FlamingParrot]

Re: Lowell portfolio default help

Hi Lowell group have been chasing my husband regarding a debit from Provident personnel credit ltd we have sent s a prove it letter and they sent agreement with signatures on it which I posted on a earlier thread, but by our calculations the debt was not payed since December of 2008. But by the credit report on noodle it was delfault on 21st dec 2009. Decided to sent them a letter to say that this is status barred and the response was as below

we appreciate that the last payment may have been more than 6years ago but the debit did not become fully due and payable until provident personnel credit ltd issued a default notice which you did not comply with. According to our information the default was 21/12/2009 and therefore we consider that the debit is enforceable for six years from that date.

Is is this correct and do we have to repay this now.

I shouldn't think so, even when Lowell believe they are a law unto themselves. :mad2: :mad2:

The default date recorded on credit files has nothing to do with the limitation period. There are guidelines for recording defaults which state that they should be recorded three to six months after you miss a payment, however, they are just guidelines. If their theory was correct, all creditors would delay defaulting accounts so as to keep the debts alive much longer than six years. Presumably this Provident loan had set repayment dates when you were supposed to make a payment every month, didn't it?

The clock starts to run from the cause of action which would have been shortly after he stopped making contractual payments. If the last payment was made in December 2008, they would have had a cause of action long before December 2009, so the debt should be SBd by now and if the default had been recorded in time, it should have dropped off your credit files. :thumb:

[Nic234]

Re: Lowell portfolio default help

Yeah he was supposed to pay on a weekly basis, I don't know what else to do with fighting this now would appreciate any advise

[Nic234]

Re: Lowell portfolio default help

Just had email of Lowell and they are insisting that this debt is not Sb due to the default date arrrrh :help:

[FlamingParrot]

Re: Lowell portfolio default help

Just had email of Lowell and they are insisting that this debt is not Sb due to the default date arrrrh :help:

Cheeky sods! :mad2: :mad2: :mad2: That's one of their favourite arguments, along with making up phantom payments. However, Lowell don't sit in Parliament therefore they don't make the law!

The Limitation Act 1980 makes no mention of credit files, default dates or even default notices. It merely refers to the cause of action, i.e. when the creditor could have taken action to recover the debt. There is not even a legal requirement to report to the CRAs at all and, although there are guidelines for reporting, that's all they are, guidelines. Furthermore, CRA reporting is covered by the Data Protection Act, not the Consumer Credit Act or the Limitation Act. For the purpose of limitation, it makes no difference if the default was recorded only last year, and that's not a purely academic scenario. A lot of debt purchasers (the lovely Lowell amongst them), often 'update' the record to show the date of assignment (when they bought the debt), as the default date.

If the clock started to run from the default date, it figures all creditors will delay defaulting as much as they can, to ensure the debt stays alive for longer. Nope, that's not how it works.

[beaconsman]

Re: Lowell portfolio default help

Thanks for this, I had always assumed the default date was the same as the entries entered onto your own credit file. If i had known this then a few others would have been challenged also. Still, lowlifes will get their upcommance, fought them before and am willing to exchange paperwork that ties them up in a knot again...I do like challenges.

[Nic234]

Re: Lowell portfolio default help

On my husbands credit report there is no provident showing just Lowell now they have given us 14 days to reply I have posted the credit agreement on a earlier thread but it doesn't show when the last payment was my husband believes it was of December of 2008, but he cannot remember paying it to start with but the amount was originally £840 and he owes £705 the payment was £15 per week starting from 30/10/2008. Provident write of date was 4/09/2014. Also is there a letter to state that they carnt force us to pay this as the default date doesn't class as the start of the 6 years.

[beaconsman]

Re: Lowell portfolio default help

You should get a CCA sent off asap, then that stops any claim being sent to a court, in theory anyway, you cant defend any claim without the documents they are obliged to produce, Have you had a notice of assignment? A letter stating they have bough the debt from the original creditor? May also be worth checking experian? or Noddle?

[Nic234]

Re: Lowell portfolio default help

We don't seem to have the notice that they have bought the debt all we seem to have is a letter to say statement of account which looks like the first letter from them which is not dated but it's around October 2014 I've looked on noodle and it's just lowells name there now,

[beaconsman]

Re: Lowell portfolio default help

OK, they should sent you a Notice of Assignment, stating they have bought the debt from the Original Creditor. Can you double check the eligibility of the debt being statute barred? This is an absolute defence.

[nemesis45]

Re: Lowell portfolio default help

We don't seem to have the notice that they have bought the debt all we seem to have is a letter to say statement of account which looks like the first letter from them which is not dated but it's around October 2014 I've looked on noodle and it's just lowells name there now,

Was the a fixed term loan, a loan to purchase specific items?

Anyway Lowell I believe are wrong.

So you could try this.

For the Personal Attention of
Mr Andrew Bartle
Chief Operating Officer
The Lowell Group
9 Savannah Way
Valley Park
Leeds
LS10 1AH

Date ............

Ref: us the one on Lowell's Letter

Dear Mr Bartle,

I enclose a copy of a letter from Lowell ( for ease of reference) in regard to an alleged debt for £xxx.xx arising from an account with Provident.

Lowell make a claim that this alleged debt is not statute barred under the provisions of the Limitations Act 1980 I formally dispute this statement as this alleged debt arises from a " simple contract" and as 6 + clear years have elapsed since the last payment was made to any party in regard to the alleged debt it is therefore statute barred and I will not make any payment.

I also require Lowell to supply within 12 + 2 Working Days a copy of the original agreement relating to this alleged debt, under the provisions of sections 77/79 Of the Consumer Credit Act 1974.

I enclose herewith the statutory fee of £1.00 as required under the provisions of CCA 1974 ( as amended)

( use a cheque or postal order endorsed " For Statutory Fee Only" and check date delivered.

nem

[Nic234]

Re: Lowell portfolio default help

The loan was just cash as he was struggling with a divorce at the time, I sound thick but how do I get proof that this is status barred? I have never been in debt and this is all new to me, I will try the letter as well

[nemesis45]

Re: Lowell portfolio default help

The loan was just cash as he was struggling with a divorce at the time, I sound thick but how do I get proof that this is status barred? I have never been in debt and this is all new to me, I will try the letter as well

Hi,
It's often very difficult with provident debt as paperwork was often shoddy.
Apart from a SAR to Provident there is not a great deal of options for getting
more detail.
The default date reported on CRA files gives no indication when the cause of action arose
Provident's accounts both " office " and Agent issued seem not to have been accurate or
well kept in the past often many month and in some cases 1 year+ elapsed after payments
ceased, complaints have seen some defaults back dated in the past.

A Subject Access Request under the Data Protection Act 1998 cost £10 statutory fee, gives
the creditor 40 days to provide all the personal data it hold on the debtor.

It may in my opinion be a good idea in this case.

( there is a template in the forum library for you to use).

[FlamingParrot]

Re: Lowell portfolio default help

On my husbands credit report there is no provident showing just Lowell now they have given us 14 days to reply I have posted the credit agreement on a earlier thread but it doesn't show when the last payment was my husband believes it was of December of 2008, but he cannot remember paying it to start with but the amount was originally £840 and he owes £705 the payment was £15 per week starting from 30/10/2008. Provident write of date was 4/09/2014. Also is there a letter to state that they carnt force us to pay this as the default date doesn't class as the start of the 6 years.

We don't seem to have the notice that they have bought the debt all we seem to have is a letter to say statement of account which looks like the first letter from them which is not dated but it's around October 2014 I've looked on noodle and it's just lowells name there now,

They are supposed to send you annual statements of account, that should be separate from the notice of assignment. The write off would have been when the debt was sold to Lowell.

The loan was just cash as he was struggling with a divorce at the time, I sound thick but how do I get proof that this is status barred? I have never been in debt and this is all new to me, I will try the letter as well

The onus would be on them to show it's not statute barred and not by looking at the default dates on your credit file which do not reflect the cause of action. If this loan was meant to be paid weekly, Provident would have had cause to take action after a few weekly payments were missed, certainly before July 2009 which would be six years ago.

You could try sending a SAR to Provident (Lowell wouldn't have any of the data), bearing in mind that many companies argue they do not hold data older than six years. A SAR letter I've used many times can be found here: http://www.legalbeagles.info/forums/...765#post382765