Lowell

[Ste1]

Hi,

I got into some debt in 2011 and started a payment plan with Step change. In 2019 I made full and final settlement offers with all of my creditors.

All accepted apart from Robinson Way / Hoist (old Tesco loan) I sent a CCA request and they replied stating they didn't have this and the debt was unenforceable and I stopped paying any money.

At the end of 2022 my hoist debt was taken over by Lowell. I informed them over the phone that my debt was unenforceable and they said they would look into it. A few months later I received a copy of my CCA and they asked me to start making payments.

I haven't since contacted lowell, however, have received numerous letters. The latest letters are stating that they are considering further recovery action and may pass my account onto a third party debt collection agency.

Is it worth sending a SAR or a without prejudice full and final settlement or would this reset my status barred timeframe?

Thanks

[echat11]

If no payments or acknowledgement in writing has been made in the last 6 years, then the debt is statute barred as long as they haven't obtained a CCJ.

https://legalbeagles.info/forums/for...ed-debt-letter

[Ste1]

Unfortunately it's only just gone 5 years since my last payment so not statute barred yet. My worry is if I send a without prejudice offer that it will reset the 6 year? Thanks

[echat11]

Unfortunately it's only just gone 5 years since my last payment so not statute barred yet. My worry is if I send a without prejudice offer that it will reset the 6 year? Thanks

They sent a copy of the CCA in 2022, something they initially couldn't find, is it compliant? Is it reconstructed?

The 'Without Prejudice' offers can't be used in Court against you, if the matter were to go to Court.

[Ste1]

Yes, that's correct, Robinson Way said they couldn't find it, then when Lowell took over, they found it. It looks like a true copy, it even has my signature on it.

If I send a SAR or a without prejudice full and final settlement offer would that reset my statute barred timeframe? I know it's still a year away, but I wouldn't want to reset that if I didn't need to.

Thanks again

[echat11]

a) 'Robinson Way said they couldn't find it, then when Lowell took over, they found it. It looks like a true copy, it even has my signature on it.'

Has what they have sent you got all the information it should have i.e. prescribed terms ?

https://lawzone.legal/when-is-a-cred...unenforceable/

They should also send copies where the terms & conditions has been 'varied' i.e. the interest rate has changed etc.

If they haven't then they haven't complied with your request.

https://www.handbook.fca.org.uk/hand...ate=2016-03-07

b) 'If I send a SAR or a without prejudice full and final settlement offer would that reset my statute barred timeframe? I know it's still a year away, but I wouldn't want to reset that if I didn't need to'.

As long as you don't admit to the debt, you should be fine.
Use 'you allege I owe', 'allegedly owe' etc.

[Ste1]

Thanks for taking your time to reply.

Yes, I believe so. It has the agreement with all of my details and the figures then the general terms. It was a loan, so the interest rate never changed.

Oh that's good to know, thanks. I may hold off with communication to see their next steps, then request the SAR at a later date.

Thanks again