LOWELL Statute Barred Query

[JPOO2012]

Re: LOWELL Statute Barred Query

Hi all,
Latest update isI have requested the CCA and still waiting. in the meantime I asked Noodle to change/amend the default date that is on my credit file as it is incorrect. The default date entered is end of March 2011 but I haven't made any payment on this debt since Feb 2010 (which would make it statute barred). Noodle have sent me a letter this morning saying they asked Lowell to amend the date and they have refused - no surprise there as they are claiming the default date makes my debt still collectable?! what should I do now?

[charitynjw]

Re: LOWELL Statute Barred Query

Have Lowells sent anything which could be regarded as a letter before claim (ie pay up or we'll take you to court)?

[nemesis45]

Re: LOWELL Statute Barred Query

Hi all,
Latest update isI have requested the CCA and still waiting. in the meantime I asked Noodle to change/amend the default date that is on my credit file as it is incorrect. The default date entered is end of March 2011 but I haven't made any payment on this debt since Feb 2010 (which would make it statute barred). Noodle have sent me a letter this morning saying they asked Lowell to amend the date and they have refused - no surprise there as they are claiming the default date makes my debt still collectable?! what should I do now?

Try contacting the original creditor to see if they can confirm the default date. But Lowell did not originate the default entry on credit files Provident did and if you believe that the actual default date was 2 years earlier try contacting Provident's Data Controller.

nem

[JPOO2012]

Re: LOWELL Statute Barred Query

Not threatening court action yet, just pay up within 30 days or this will be sent to their collections department.

- - - Updated - - -

yes, I thought that would be better. Apparently Provident put the default date of the end of March on my credit report but I only have those red default marks on my credit file since April 2015?

[nemesis45]

Re: LOWELL Statute Barred Query

Not threatening court action yet, just pay up within 30 days or this will be sent to their collections department.

- - - Updated - - -

yes, I thought that would be better. Apparently Provident put the default date of the end of March on my credit report but I only have those red default marks on my credit file since April 2015?

Typical sloppy provident admin and paperwork they seem to forget about dormant/delinquent accounts.

nem

[charitynjw]

Re: LOWELL Statute Barred Query

It would appear that they often use a tactic which they call 'Pre-Legal Assessment', where they blather on about the potential costs you'll incur if it should go to court. (There's no doubt in their minds that they will win, of course!).

They often then offer a discount. (This may be on the 2nd letter from P-LA, the first will probably be a reminder for the full amount).

[JPOO2012]

Re: LOWELL Statute Barred Query

Hi everyone,
Latest update! Lowell put the account "on hold" pending further investigation whilst they request account statement/details off Provident that I requested. I have had a reply today stating that they had requested such accounts and statements but Provident have advised that "the statements for this account are no longer available" and "based on the information provided, we consider the balance to be valid and owing". They have placed this account on hold for 30 days again for me to "review the findings of their investigation"(!) and will then be back in touch.
The "information provided", (I assume) is the info Provident gave them when they originally bought this account off them which surely would have been a statement of the account otherwise why on earth would they have bought it in the first place? I have proof of my last payment to provident which was back in Feb 2010 (which the statement of account would also show), the default date on my credit report is end of March 2011, hence me arguing with Lowell that this account is statue barred (as per previous posts). Any ideas on what I should do next? Should I provide Lowell with evidence of the last payment?
Thanks everyone - you have been a massive help for me throughout this!!!

[Anthony72]

Re: LOWELL Statute Barred Query

Did you actually send Lowell a S77 request

If not I would do it now, it only costs £1 and postage and puts them under pressure to produce a provident loan agreement that they probably can not do

Do you still have the book and the paperwork?

[JPOO2012]

Re: LOWELL Statute Barred Query

Hi,
Yes, I sent the S77 off with the postal order and I have now received off Lowell "a copy agreement which includes all the prescribed terms as requested by the consumer credit act 1974". It is a 1 page A4 photocopy of some sort of agreement with Provident (original creditor) with basic info on such as name and address, loan amount, how much to pay each week, little scraps of info about missed payments and/or settling any loan early. - no terms and conditions. In does say that "this agreement incorporates the terms and conditions set out on this page and overleaf" however the "overleaf" of this photocopy I have received is blank?!! Lowell said that the statement of account is "no longer available". Lowell end their letter with pls get in touch to arrange payment. Last payment made to Provident was February 2010, Lowell have refused to amend the March 2011 default date on my credit file (for obvious reasons!!)
I would be very grateful of any advice on how to respond? Thank you

[nemesis45]

Re: LOWELL Statute Barred Query

Hi,
Yes, I sent the S77 off with the postal order and I have now received off Lowell "a copy agreement which includes all the prescribed terms as requested by the consumer credit act 1974". It is a 1 page A4 photocopy of some sort of agreement with Provident (original creditor) with basic info on such as name and address, loan amount, how much to pay each week, little scraps of info about missed payments and/or settling any loan early. - no terms and conditions. In does say that "this agreement incorporates the terms and conditions set out on this page and overleaf" however the "overleaf" of this photocopy I have received is blank?!! Lowell said that the statement of account is "no longer available". Lowell end their letter with pls get in touch to arrange payment. Last payment made to Provident was February 2010, Lowell have refused to amend the March 2011 default date on my credit file (for obvious reasons!!)
I would be very grateful of any advice on how to respond? Thank you

Without the terms and condition referred to as being " Overleaf" in the simplest of terms the document does not comply with the CCA request.
This is another Lowell con in the hope that you will just roll over and pay up, they know bloody full well that what they have sent is rubbish.

I would just write to Lowell and say:
FAO Andrew Bartle
COO The Lowell Group
Ellington House
9 Savannah Way
Leeds Valley Park
Leeds
LS10 1AH

Ref use theirs.

Dear Mr Bartle

I am in receipt of a letter dated.............................. in reply to my request made under the provisions of CCA 1974 for a copy of the agreement relating to an alleged debt arising from an account with Provident Finance on examining the document received I have concluded that it does not comply with the requirement of the act a copy of or an reconstituted copy of an agreement.

This document is therefore rejected as it is of no merit.

I do not acknowledge any liability to Lowell.

I suggest that Lowell now closes the file on this matter.

Your early reply would be appreciated.

yours etc.

Use signed for post, check delivery date and signature.


nem

[JPOO2012]

Re: LOWELL Statute Barred Query

Great, thanks Nem, this will be my next step!

[JPOO2012]

Re: LOWELL Statute Barred Query

just checking Nem, all my correspondence so far has been with Lowell Financial in Northampton and not Leeds where Mr Bartle is based? Silly question but Lowell Financial presumably is a part of The Lowell Group?

[MIKE770]

Re: LOWELL Statute Barred Query

yes it is

[nemesis45]

Re: LOWELL Statute Barred Query

just checking Nem, all my correspondence so far has been with Lowell Financial in Northampton and not Leeds where Mr Bartle is based? Silly question but Lowell Financial presumably is a part of The Lowell Group?

Hi Mr Bartle is at Ellington House ( Lowell's ivory tower)

The Northampton address is Lowell Solicitors Ltd., but it seems to mostly issue claims, witness statements etc. seem to come out of Leeds and seems to have been produced by very poorly trained legal assistants of some sorts.

The Lowell group has a number of " trading styles " some active some dormant.

nem

[JPOO2012]

Re: LOWELL Statute Barred Query

Hi all,
Just to update you, I have received a letter off Lowell apologising for not supplying the T&C, statement of account etc that I requested as per sec 77/78 CCA. The letter continued to say that whilst they still believe I "am liable for the outstanding balance", they have agreed to "close the account and will no longer contact me again" but will "continue to report the default to the CRA's until March 2017 when this becomes unreportable". Whilst I am really pleased that they are going to back off, I still do not accept the reported default date of March 2011 as being correct as the last payment on this account was February 2010, hence statute barred argument and just want this wiped off my Credit report!
Is now the time to contact the company the loan was originally from and ask they amend the default date?
Thanks for all your advice so far, couldn't have got this far without you guys! :goodjob: