lowells threatening ccj for old debt

[jenn88smith]

Hi

Im new to this, have read lots of posts regarding lowell but wondered if anyone could help clarify things please.

lowell are chasing a debt that i believe to be statute barred (original loan was taken out in 2010). Have checked my credit score/file, and shows a default date of 2011. I am 99% sure i have made no re payments towards this debt or acknnowledged any correspondence regarding this debt.
I had a letter from lowells offering a 30% reduction, but i ignored the letter.
I have now received a letter threatening ccj if i do not contact them.
Do i send a prove it letter, cca request or SB letter, im confused!!
any help gratefully received
jenn

[Amethyst]

Re: lowells threatening ccj for old debt

Hi Jenni, Welcome to the forum

So you have a letter before action on this debt, but no court claim as yet.

You took out a loan in 2010 ( do you know when exactly ?) and made no payments ( you think )

Can you tell us a little bit about the loan, who it was with, how much(ish), how long it was over... type of loan, did you take it out online/in branch etc ?

Because you took it out in 2010 it is very unlikely to be statute barred now - as it needs to be six years without acknowledgment or payment from the date they could have called the debt in (cause of action). Unless you live in Scotland ?(where it would be 5 years).

Usually we'd reply to a letter before action requesting documents and send a CCA request for a copy of the agreement, just want to check your dates etc first, save acknowledging something just before it goes Statute barred.

Sharon
xxx

[jenn88smith]

Re: lowells threatening ccj for old debt

Thank you so much for your response.
On noddle it shows account opened 29th Jan 10. Shows default date 17th Jan 11. Amount £450 now, cannot remember original loan amount or for how long was over! Was a home credit loan from provident. I'm 99% sure I made no repayments or had any correspondence. There is no ccj showing yet on my file.
Last letter from lowell, headed pre legal assessment. States "your account is escalating. ..it has been escalated for legal assessment... you can still discuss this with us before it escalates further... if you don't do this and we decided to use the county court to recover this debt.." then goes on to explain process.
Wouldn't sending a cca request be admitting to the debt?
Do I just suck eggs and contact them and ask if they will still give 30% reduction and set up payment plan?
Thanks

[nemesis45]

Re: lowells threatening ccj for old debt

Thank you so much for your response.
On noddle it shows account opened 29th Jan 10. Shows default date 17th Jan 11. Amount £450 now, cannot remember original loan amount or for how long was over! Was a home credit loan from provident. I'm 99% sure I made no repayments or had any correspondence. There is no ccj showing yet on my file.
Last letter from lowell, headed pre legal assessment. States "your account is escalating. ..it has been escalated for legal assessment... you can still discuss this with us before it escalates further... if you don't do this and we decided to use the county court to recover this debt.." then goes on to explain process.
Wouldn't sending a cca request be admitting to the debt?
Do I just suck eggs and contact them and ask if they will still give 30% reduction and set up payment plan?
Thanks

A CCA Request is not an admission of liability, it's a lawful request for information under the provisions of
sections 77/78 or 79 of the Consumer Credit Act 1974,
The " problem" to avoid is the allocation of the £1 statutory fee being allocated as a payment to the account.
The way to avoid this is to use a postal order endorsed " For Statutory Fee Only" and keep a photocopy of it.
There's a template in the forum library for the request.

I would not at this point make any offers of payment!

nem

[jenn88smith]

Re: lowells threatening ccj for old debt

Thanks, much appreciated. Are the post office able to type this onto the postal order? Should I include in the letter that fee must only be used for this purpose.

[nemesis45]

Re: lowells threatening ccj for old debt

Thanks, much appreciated. Are the post office able to type this onto the postal order? Should I include in the letter that fee must only be used for this purpose.

Hi no you write it on the PO.

Yes by all means amend the forum CCA request template with that as well.
nem

[jenn88smith]

Re: lowells threatening ccj for old debt

OK thank you. Never sent one before.
Will get sorted today.

[jenn88smith]

Re: lowells threatening ccj for old debt

I can't seem to access the libary? Any chance you could post link to template. Think you for your time

[AEH1983]

Re: lowells threatening ccj for old debt

Lowells called me about a couple of months ago about a provident loan from 2010, I said I knew nothing about it and could they send the paperwork through, 2 weeks later I got a letter from them saying they apolgised for any hassle, and that they were not aware of any problems and there was no paperwork and that any entry on my credit file would be removed....definitely ask them for paperwork 😊

[jenn88smith]

Re: lowells threatening ccj for old debt

Thanks. Can't seem to find cca request template though? Will keep looking

[Amethyst]

Re: lowells threatening ccj for old debt

http://www.legalbeagles.info/forums/...y-of-Agreement

[jenn88smith]

Re: lowells threatening ccj for old debt

thank you everyone

[jenn88smith]

Re: lowells threatening ccj for old debt

would it be worth stating i have no knowledge of the debt.
eg you have contacted me with regards to the above account (ref numb). I would like to point out i have no knowledge of any such debt being owed.
and then use the CCA template?
sorry being a pest now

[nemesis45]

Re: lowells threatening ccj for old debt

would it be worth stating i have no knowledge of the debt.
eg you have contacted me with regards to the above account (ref numb). I would like to point out i have no knowledge of any such debt being owed.
and then use the CCA template?
sorry being a pest now

Best imo just to send the CCA request Jenn.

nem

Huddle