LOWELL Statute Barred Query

[JPOO2012]

Hi,
I have had letters from Lowell since January 2016 stating I owe over £2000 from a Provident financial door step loan. The last time I paid on this was February 2009 and so I sent the template letter to Lowell stating statute barred etc. Lowell responded stating that the default wasn't put on my credit file until March 2010 making it within the 6 years of me having to repay the remainder of the loan. I am unsure when a default went on my credit file but as I hadn't paid any money since February 2009 I presume a default would have entered onto my credit file within 6 months following this date? Lowell said I have 30 days to pay or my case goes to court. can anyone advise pls? thank you

[charitynjw]

Re: LOWELL Statute Barred Query

Hi JPOO2012 & welcome to LB

They have admitted that the date for the cause of action is March 2010?

It's now 21st June 2016.

[JPOO2012]

Re: LOWELL Statute Barred Query

apologies, slight typo error, they said the default went on my credit file in March 2011, 2 years after my last payment to provident.

[charitynjw]

Re: LOWELL Statute Barred Query

apologies, slight typo error, they said the default went on my credit file in March 2011, 2 years after my last payment to provident.

Ok
& you are sure you have not paid into, or acknowledged in writing, the disputed account?

Do you have access to bank records for the relevant period? (2009/10/11)

[JPOO2012]

Re: LOWELL Statute Barred Query

absolutely positive and have proof that the last collection of money was February 2009. I can get hold of bank records for this period yes, but any payments I made were cash at the door when they collected every week.

[nemesis45]

Re: LOWELL Statute Barred Query

I think the statute barred take on this is:

1, the account fell in to default after 3 missed payment and no written admission of liability.

2.The default should have been placed no more than 6 months after the last payment.

3. The default was placed unfairly /unreasonably late.

Get a CCA request of to Lowell ASAP ( template in green box above) there is a £1 statutory fee to pay use a postal order this and mark it clearly " For Statutory Fee Only" Use signed for post and check delivery date and signature.

nem

nem

[JPOO2012]

Re: LOWELL Statute Barred Query

thank you for the advice - I don't seem to be able to see the a green box above for the CCA template though!

[charitynjw]

Re: LOWELL Statute Barred Query

thank you for the advice - I don't seem to be able to see the a green box above for the CCA template though!

Try http://legalbeagles.info/forums/show...y-of-Agreement

[JPOO2012]

Re: LOWELL Statute Barred Query

great, thanks both. what should I do if/when I receive this from Lowell?

[charitynjw]

Re: LOWELL Statute Barred Query

great, thanks both. what should I do if/when I receive this from Lowell?

IMHO this is probably jumping the gun a bit; we don't know what their response will be yet.

Send to lowells with a £1 payment (PO?) marked 'For statutory use only', & get proof of posting.

[JPOO2012]

Re: LOWELL Statute Barred Query

sorry - just in a bot of a flap about it - thanks for calming me down , will keep you posted on progress!

[JPOO2012]

Re: LOWELL Statute Barred Query

Just an update on this post for you!
Lowell are still chasing me for payment of over £2000 for a debt I have made no payment or contact on since Feb 2010. I wrote to the collection agent last month as you advised using a template letter regarding statute barred, they responded with a letter stating march 2011 was the "default date" on my credit report so this loan is still collectable and that my file will be moved back to collections if i don't pay within 30 days. I have applied to have the default date on my credit report amended and is currently "in progress".

I wrote back, using template letter again, but adapt it slightly to say that the default date has no bearing on the limitations act and I was still waiting on proof of a payment, written acknowledgement or CCJ - if they fail to provide it but continue to ask me for the money based on the default date, I will take the matter to the Ombudsman. I did this and they have now written again to say the debt is enforceable because the default date on my credit report is March 2011 so NOT statute barred and want payment. Not sure what I should do now? Should I tell the debt collector that I have requested the default date change? Any help on this default date nightmare would be grand!

[JulieM]

Re: LOWELL Statute Barred Query

Did you send the cca request as advised. If you did, did they respond with anything?

[JPOO2012]

Re: LOWELL Statute Barred Query

I haven't yet, I missed that so should I send this off as next steps? I have just sent 2 statute barred template letters so far.

[Stu]

Re: LOWELL Statute Barred Query

If they can't produce the CCA then they can't enforce it through the court so it is an important part of the process for you to send a request, and although they can't enforce the debt they can start proceeding against you so watch out for something in the post...


Hopefully you can get the default date changed.