LOWELL

[SABOTAGE]

Hi
I would really like some help on this one, if you peeps don't mind.
Around 3 month ago I received a letter from Lowell Solicitor s stating I owed them £1600 from a loan I had in 2011.
I sent them a letter stating the account was SB and for them not to bother me.
They replied with a statement and a copy of credit agreement. The statement said a Third Party had continued paying £4.17 until July 2014, so it wasn't Statute Barred.
Firstly who is the Third Party and my last payment and contact was on the 24th July 2012 so I assumed SB.
I definitely haven't been paying this £4.17 and I have bank statements to back this up.
I have 30 days from today to reply.
Any help or advice would be greatly appreciated

[charitynjw]

The statement said a Third Party had continued paying £4.17 until July 2014, so it wasn't Statute Barred.

(5)Subject to subsection (6) below, where any right of action has accrued to recover—

(a)any debt or other liquidated pecuniary claim; or

(b)any claim to the personal estate of a deceased person or to any share or interest in any such estate;

and the person liable or accountable for the claim acknowledges the claim or makes any payment in respect of it the right shall be treated as having accrued on and not before the date of the acknowledgment or payment.

https://www.legislation.gov.uk/ukpga/1980/58/section/29

[SABOTAGE]

Thanks but who is the Third party?
A fabrication?

[Amethyst]

Did you start any kind of Debt Management Plan at any time? £4.17 sounds like a pro-rata kind of figure.


You'd need to SAR ( or call) the original creditor to find out who the third party is / where payments were being made from between 2011 and 2014.

Also go back to Lowell and ask for more details of the 'third party' payments as you have no record of such etc.

If you can find out where the payments were being made from, you can contact them to find out why etc. They may have made some kind of error and paid your account instead of someone elses.

Either way, unless you find you had made or instructed someone to make the payments on your behalf - it would still be statute barred.

[SABOTAGE]

No I didn't start any Debt Management plan.
Should I ring or write to Provident or Lowell?
Thanks

[Amethyst]

Was it a doorstep loan or Vanquis credit card ? Either way yes ring Provident to ask if they can see where those payments were made from - if they can't tell you ask them to send you all data they hold on you as is your right under the data protection act.

[MIKE770]

write to lowells & keep copy Recorded Delivery, asking for information how 3rd party payments made/by whom/account used? when these 3rd party payments were made thru what account and bank etc, sounds it probably the old Phantom payments (never existed)??

[SABOTAGE]

It was Door Step loan. The lady called on 24/7/12 and never called again. I will ring them now

[SABOTAGE]

I agree Mike

[Amethyst]

So your last payment could have been July 2012?

[SABOTAGE]

Yes and then these mystery payments begin on 22nd August 2012 thru to 2nd July 2014. 12 payments in total for £4.17

[Amethyst]

So not even monthly ... very strange. See what Provident have to say and let us know. Then we can help complete the reply form from Lowell's letter before action ( if that's what the letter you received is ) asking for relevant evidence and documents.

[SABOTAGE]

Thanks I shall do that. I find it suspicious that most of the payments , £4.17, are indeed monthly but the gap between the penultimate payment and the last payment is 8 months lol.

[Captain Haddock]

Something rings a bell with me. I had an account in dispute, years ago, and at one point I got a statement showing that a payment was made to it, but not by myself or anyone close to me. I am pretty sure that I did a credit check and it turn out it was not the DCA but a company affiliated to them. Right after I made that approach, the payment was reversed. Th.ere may have been more - it was quite some time ago - but I really can't recall all the details.

I'd wager that this has been an attempt by the creditor or DCA to keep the account from becoming SBd.

[SABOTAGE]

Surely that's illegal?