Lowell and the Limitation Act 1980

[Angry Cat]

Re: Lowell and the Limitations Act 1980

Update - So they replied to my 'prove it letter' with an ALMOST exact replica of their first letter apart from now they state that i made a payment in DECEMBER THIS YEAR!!!!!

They have alos now recored a default on my credit file!!!!!

As you can understand im so anoyed ive worked really hard to get my credit file back to normal after my mistakes when younger, this has set me right back

is there anything i can do to get them to remove this as they DIDNT prove the payment and it is a debt i know nothin about from OVER SIX YEARS AGO

Thanks guys

Was their letter dated 01 April 2011?

[Angry Cat]

Re: Lowell and the Limitations Act 1980

The Mail on Sunday; Personal Finance Section - April 3 2011:

Don't worry about this card 'debt'

A.E.L writes:
I am sending you a copy of my letter to debt collector Lowell Group, which claims that I owe about £1,400 on two Barclaycards. I have never had one Barclaycard let alone two.

Tony Hetherington replies:
Lowell buys old debts at a discount from a variety of companies and makes its living by collecting more than the cut price it paid.
But of course, the debt has to be genuine in the first place.

Lowell accepts that it slipped up by not contacting you as soon as it bought the rights to the debt in 2007.
I now has no evidence in its own files or from Barclaycard to show that the debt is yours.
It has been written off and you should hear no more about it.

[dantheman]

Re: Lowell and the Limitations Act 1980

Lowell are very stupid from my experience. The have one office with lots of desks with different names. They contacted me re a Capital One - I sent a s77/78 and Capital one eventually sent me a copy of the T&C July 2010. The last recorded payment to C1 was Oct 2004, there next contact to me was Dec 2010. I sent an SB letter to them - they said it wasn't SB because the date of DN was 19/03/11. I sent a follow up SB. They passed it from Lowell Portfolio to Lowell Financial and back and back again with various letters demanding payment. On 21st March 2011 I get a Letter from RED another Lowell desk. Now it's past the DN - so I have sent the third SB, they sent yet another demand... So the question is how many more letters they can send and from how many more desks. I guess at some point if they don't stop then I will have to say put up or shut up and send a harassment letter.

[MIKE770]

Re: Lowell and the Limitation Act 1980

Bill them for your time responding per hour.

[ODC]

Re: Lowell and the Limitation Act 1980

Dan
Not only have you told them once it's SB but you are contemplating a third letter to these shysters. You have made your position perfectly clear and the ball is now firmly in their court. If you feel the need to correspond with the Leeds Losers it should be to point out their clear breaches of th OFT Guidelines on the collection of Statute Barred debt.

[dantheman]

Re: Lowell and the Limitation Act 1980

I only sent it because they make it out that it has been passed to another company. So I thought - do the same. I know you are right ODC, but the breach under OFT is included in the SB. If I write again, I will bill for my time and tell them I am complaining to OFT... And that they should only contact me again if thwy intend to take me to court.

[dantheman]

Re: Lowell and the Limitation Act 1980

I can't believe it... Red have sent yet another in reply to the SB threatening that they are now going to pass the account to there Special Recovery Team to 'Assess' my account and their best course of action for recovery. They are so insane. Should I really now just leave it to them or send a letter for my time and and ask for their complains procedure? Seriously Cupid Stunts.

[Curlyben]

Re: Lowell and the Limitation Act 1980

*Yawn*
More loo roll

[Mrs James]

Re: Lowell and the Limitation Act 1980

Don't know if this information is of any use to you, but I came across it on another site and it was posted by someone who used to work for Lowell's. Maybe you could ask them to explain why their Company acts the way it does

James Cornell
CEO
Lowell Group
james.cornell@lowellgroup.co.uk

Andrew Bartle
Financial Director
Lowell Group
andrew.bartle@lowellgroup.co.uk

[Angry Cat]

Re: Lowell and the Limitation Act 1980

http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf

Please see page 9 of the above.

[dantheman]

Re: Lowell and the Limitation Act 1980

*Yawn*
More loo roll

I agree, but I just can't produce that much s***

[Angry Cat]

Re: Lowell and the Limitation Act 1980

http://www.insolvencyhelpline.co.uk/..._creditors.php

[dantheman]

Re: Lowell and the Limitation Act 1980

Thanks for that. I completely agree with CurlyBen it is a yawn - but it just gets distressing. I am planning on sending the below letter based on CB's to RED - Do you think it's correct? Thank you all.


This letter does not admit liability nor does it acknowledge the alleged debt.

Thank you for your letter 31st March 2010 contents of which have been noted.

I refer you to my letter of 1st April, in which my position was clearly described. To reiterate, you were informed that this alleged debt is Barred under Statute in accordance with Section 5 of the Limitation Act 1980. I have included a copy of this original correspondence sent to Lowell for your perusal and ease of reference.

As your letter contests that this is the case, it is now your legal obligation to substantiate your claims and to prove that this alleged debt is indeed enforceable and not barred by statute. Please note that at no point have I been received a Default Notice and have never received any proof of acknowledgment in writing or payment.

You should be aware that I am fully familiar with the Office of Fair Trading Debt Collection Guidance, which states that it is unfair to mislead debtors as to their rights and obligations by falsely stating or implying that the debt is still legally recoverable and continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred. I also refer to 2.5 of the guidelines regarding Physical/psychological harassment

You should also be aware that if you are unable to substantiate your claims then your behaviour will be considered harassment contrary to section 40 (1) of the Administration of Justice Act 1970, and may result in my choosing to pursue action against you.

In addition, I hereby demand that you now supply me with information regarding your complaints procedure. Failure to comply will result in the complaint being escalated to the Financial Ombudsman Service, who will charge you for investigating my complaint.

Finally, I expect no further contact be made concerning the above account unless you can provide clear evidence as to my liability for the debt in question, or your written confirmation that this matter is now closed.I would appreciate your due diligence in this matter. I look forward to hearing from you in writing.

Yours faithfully,

[Angry Cat]

Re: Lowell and the Limitation Act 1980

And, if they still do not take notice;
report them to Trading Standards!

[dantheman]

Re: Lowell and the Limitation Act 1980

Dear Angry Cat - I totally agree. Your links at:

http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf and
http://www.insolvencyhelpline.co.uk/..._creditors.php

Are really useful reading and that in conjuction with CurlyBen's letter - Help clarify. I think that this letter gives the perfect springboard for complaining - I have been polite and replied to each letter - ODC said it was unnecessary, but think the point from here is whatever the reply (Thanks to ODC for this) assuming it will be a continuation of the same computer generated/time based letters - Will be a formal complaint must be made to The Leeds Losers, my MP, The Credit Refernce Agency concerned, The Data protection Registrar, The Financial Ombudsman and the OFT.