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Hi, a couple of months ago I received a letter from Lowells informing me they had taken over a debt from another company regarding a loan from Provident personal credit. I wrote back to them informing them that the debt was statute barred (standard letter) and asked them to give any proof to the contrary. The first letter I got back stated the Provident put the account into default in May 2010 so the debt was still within the 6 years. The next letter I received 2 weeks ago stated that due to the age of the account they are unable a copy of statements at this point due to the age that has passed. I have had no contact or made any payment since late 2008, well over the 6 years. Now the phone calls have stated again (which I ignore). What should I do next
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Re: Lowell financial
Hi Provident accounts are well known for very dodgy paperwork,
I suggest you send Lowell a CCA request to see if they have a copy
of the agreement relating to the account.
There's a £1 statutory fee for this use a postal order for £1 endorsed
" For Statutory Fee Only" Lowell has 12 + 2 Working Days to comply.
Failure to produce the agreement renders the debt unenforceable in court.
I would reiterate your claim that the debt is statute barred making the point
that you do not acknowledge any debt to Lowell. Make the point that the
default date does not affect the Limitation Act 1980 relevant 6 year period.
Furthermore Lowell has been informed in writing that the debt is statute
barred and you will not be making any payment and all contact should now cease.
Some options for you to use as you wish.
Add to this that you require any further contact Must be made in writing via
Royal Mail, no further phone call are to be made after receipt of your letter.
If Lowell continues to make calls to your landline or mobile this will be treated as
harassment.
nem -
Re: Lowell financial
Thank you, I will try this and see what they say.Comment
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Re: Lowell financial
Please let us know how this turns out.Originally posted by Wilkie01 View Post
nemComment
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Re: Lowell financial
Thank you for your reply, just a quick question. Should I send send the letter requesting the CCA first then send another letter after that stating the other points or should I put everything in one letter?Comment
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Re: Lowell financial
Keep the CCA as a separate letter, but you can send both in the same envelope.Originally posted by Wilkie01 View Post
nemComment
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Re: Lowell financial
Thank youComment
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Re: Lowell financial
I have not heard back from Lowell yet but today I checked my credit report & I found they have added the debt to my account. Can they do this?Comment
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Re: Lowell financial
Hi,Originally posted by Wilkie01 View Post
Was the debt showing as Provident previously?
What is the default date showing on the files?
nemComment
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Re: Lowell financial
There is no mention of Provident or a default date. It gives the amount owed, account opened April 2005, last update November 2015 an account number & frequency of payment as monthly.
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In a previous letter they stated that Provident put the default notice in May 2010Comment
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Re: Lowell financial
There should be a default date on the file, is this now in the name of Lowell.Originally posted by Wilkie01 View Post
nemComment
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Re: Lowell financial
On the credit report it doesn't look like they have put it as a default it looks like they have registered it as a credit owed to them. It is under the name of Lowell & there is no mention of Provident from what I can see.Comment
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Re: Lowell financial
When Provident sells debt to say Lowells them Lowells name is put in place of Provvy, the only thing that should not change is the original date of default!Comment
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Re: Lowell financial
Lowell
Current balance
£3,727
Account opened
23 April 2005
Last updated
19 November 2015
Account number
*****7215
Frequency
Monthly
Name
Mr XXXXXX XXXXXXX
Address
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Re: Lowell financial
In a previous letter from Lowell after i had informed them that the debt was statute barred, they replied it was not barred under the Limitation act as i stated because the default notice issued by Provident was 10th May 2010. As i understood the Limitation act 1980 it starts from the last payment or contact with Provident.
They have failed to supply me any paperwork of proof of this debt other than letters stating that i owe them the moneComment
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