Dealing with Lowell

[scotinusa]

I had an outstanding debt for an old credit card which had been bounced about between the usual debt collection agencies. It eventually fell off my credit report (over 5 years as I reside in Scotland) but I recently got a letter from Lowell to say they had purchased the debt and would be pursuing it. I did the usual and emailed them to clarify and provide proof that the debt was indeed mine. So far, no response.*

Howvwe, on checking my credit file this morning, the debt has appeared back on my file, with a default date of 2017 (which is clearly untrue). I had just managed to get my credit file back to a normal range and now it’s plummeted back down thanks to these clowns. Can they do this? Surely this isn’t allowed?

any advice would be welcome!

[scotinusa]

I probably should expand on that post, sorry! I had sought advice on this earlier on legal beagles. *I am currently living on the USA and this debt has passed (or is very near) to passing statute of limitation. This is obviously a last attempt by Lowell to get the money before the time runs out but the default had already fallen off my credit report and it has now appeared back on (under Lowell, not the original debtor). I emailed them 2 weeks ago but I’ve had no response . What else can I do now?

[jaguarsuk]

You need to contact the Information Commissioners Office and complain, that the default date is incorrect and you have notified Lowell who are ignoring you.

If it fell off you credit file and they have not filed a claim the statute of limitations may have passed or did you make payments after the default to collection agents?

[scotinusa]

It definitely fell off....I had been watching my credit file, countering down the months until it disappeared! And I certainly didn't make any payments, to them or anyone at any point.

[jaguarsuk]

It definitely fell off....I had been watching my credit file, countering down the months until it disappeared! And I certainly didn't make any payments, to them or anyone at any point.

Okay the date for cause of action is from the date of the last payment of the default date which ever is the latter. As you reside in Scotland then the alleged debt becomes Statute Barred Five years from the date for cause of action, therefore as long as you are confident you haven't paid anything to the debt after the date of default and that is over five years they can't take you to court.

Applying this new default date seems to be an attempt to reset the stat barred clock.