Lowells

[Charlie08]

Hi guys, I've just joined this forum and would like to firstly say hi, then secondly ask for some advice.

For about 5 month, Lowell's have been chasing me for an alleged Barclaycard debt that I do not recognise. I finally responded to them a couple of weeks ago with a 'prove it' letter'. Below is a transcript of the reply that I received.

'Thank you for your recent letter,

We can advise that we have carried out an internal trace procedure and with the information we now hold we believe this account does belong to you. Therefore you would remain liable for the outstanding balance.

Our records show;

The account was opened xx xx 199x
The card number was xxxx xxxx xxxx xxxx
The last payment of £xxx was made on xx xx 2009
The default date was xx 10 2010

We have stopped collection activity on your account for a period of 30 days to allow you time to respond.'

Several things jump out at me, the main two being:

1. They have shown absolutely zero proof of their claim.
2. They have admitted that the debt is statute barred since that cause of action was in 2009.

What do you recommend I do next? Should I just send a statute barred letter. Or should I ask for proof and string them along for a bit?

Many thanks in advance,

Charlie

[MIKE770]

Re: Lowells

have you checked Credit agencies such as Noddle or clearscore which are free to see anything entered on ther lowells etc?

[Charlie08]

Re: Lowells

have you checked Credit agencies such as Noddle or clearscore which are free to see anything entered on ther lowells etc?

Hi Mike, nothing showing on experian or clearscore.

[MIKE770]

Re: Lowells

Interesting sounds Statute Barred>
[MENTION=1937]nemisis[/MENTION]45

[MIKE770]

Re: Lowells

they are trying to do the default date as cause of action = nice try of them, by the looks of it, wait for other views

[Charlie08]

Re: Lowells

they are trying to do the default date as cause of action = nice try of them, by the looks of it, wait for other views

Thanks Mike, that's what it looks like to me. I'll hold on and see what others think.

[MIKE770]

Re: Lowells

[MENTION=1937]nemisis[/MENTION]45

[Diana M]

Re: Lowells

For about 5 month, Lowell's have been chasing me for an alleged Barclaycard debt that I do not recognise. I finally responded to them a couple of weeks ago with a 'prove it' letter'. Below is a transcript of the reply that I received.

' . . . . Our records show;

The account was opened xx xx 199x
The card number was xxxx xxxx xxxx xxxx
The last payment of £xxx was made on xx xx 2009
The default date was xx 10 2010

We have stopped collection activity on your account for a period of 30 days to allow you time to respond.'

Several things jump out at me, the main two being:

1. They have shown absolutely zero proof of their claim.
2. They have admitted that the debt is statute barred since that cause of action was in 2009.

What do you recommend I do next? Should I just send a statute barred letter. Or should I ask for proof and string them along for a bit?

According to Lowells' letter your last payment was in 2009. They then say the default date was in October 2010.

If they intend to rely on the default date for any statute barred argument (Lowells tend to do that) then you've only got a few weeks to go (maybe less but you've edited out the exact October date) until that default will be six years ago.

So why not filibuster until then.

They say they've put the account on hold for 30 days so send them a s.77-79 CCA Request which should take them a while to fulfill if they have to revert to the original creditor (Barclays) for the documents.

Until they comply with your CCA Request they will not be able to enforce the debt in court albeit that won't prevent them from issuing proceedings to beat the SB deadline (if the deadline they're working on is the default date).

Whatever you decide to do, I think sending a SB letter may trigger a county court claim. I wouldn't send that.

Di

[Charlie08]

Re: Lowells

Thanks for the reply Diana.

Surely the final payment date is the date from which the clock starts ticking with regards to whether or not the debt is statute barred? Not the default date.

I will hold off on the SB letter, though I think I will resend the 'prove it' letter, modified a little to request actual proof, as their response only stated what their records show. It contained no actual proof of anything.

I will hold off for a bit to see what others think.

[Diana M]

Re: Lowells

Surely the final payment date is the date from which the clock starts ticking with regards to whether or not the debt is statute barred? Not the default date.

Not all district judges agree with you.

Di

[Charlie08]

Re: Lowells

Wow, thanks for that. How can that be?

[Diana M]

Re: Lowells

Thanks for the reply Diana.

. . . I think I will resend the 'prove it' letter, modified a little to request actual proof,

. . . . I will hold off for a bit to see what others think.

I'll be interested to see what others think too

My suggestion was to send a CCA Request which gives you legal protection against enforcement of this debt if they cannot comply with it (as long as you include the £1 statutory fee).

Your decision to send a 'prove it' letter does not give you any legal protection.

See what others think.

Di

[MIKE770]

Re: Lowells

The trouble with some District Judges and their Biasness against alledged debtors, they tend to ignore Legislation and get away with it because they are so called Judges - Judge Jeffries thought that = he hung around eventually (from the Gallows) !!!!

unfortunately until the populous wake up and start complaining then they will always be led and not take the lead! as MPs etc want you to be led and they pocket it all - judges get minimum of £110.000 per year - so they say we are alright Jack!

- - - Updated - - -

lowells and their likes will rob there own mothers and do!

[Diana M]

Re: Lowells

Wow, thanks for that. How can that be?

Until there's a High Court precedent, a lower court (County Court) DJ can do their own thing.

Di

[Charlie08]

Re: Lowells

That's crazy.