Lowells little April fools

[shamen]

I had to post this up. Some of you may know of my quests against Lowells and my victories against them. I wonder if they were pulling my leg?

Lowells sent me a demand for £107 for an old bank account. The letter is dated April 1st

Heres the irony - the account they are referencing was a child's account which was closed just before I turned 18 and must be near on 13 years old now.

To be fair, I do remember the account. Back in the 90's HSBC had this special account for 16 to 18 year olds which had an emergency £50 overdraft facility. Completely unrecoverable as how can you collect a debt from an under 18?

We went to live overseas when I was 17 and I left the account £30 in the 'red'. Came home in 98 to find it closed with various demands. Ignored all that and got on with life.

Funny how things turn up so many years later, it just cracked me up that they chose April 1st to send this out. So we have a debt given to a minor which is clearly statute barred. Whats the betting Lowells think they can recover it? Whats the betting they also have 'phantom' payments over all these years...

Filed handily under 'ignore' for now.

[Curlyben]

Re: Lowells little April fools

You couldn't make this stuff up

[shamen]

Re: Lowells little April fools

I know, crazy, huh? According to the letter its also taken them 4 years to contact me about it - they bought the debt in 2007!

[charitynjw]

Re: Lowells little April fools

....just before I turned 18 and must be near on 13 years old now.........

So that makes you.....er.......21
Again :tinysmile_hmm_t2:

[leclerc]

Re: Lowells little April fools

I would have said, you have a debt that was unenforceable then since you were a minor and you have a debt now that is equally unenforceable. Ermmmm, did I mention it's unenforceable?

[shamen]

Re: Lowells little April fools

....just before I turned 18 and must be near on 13 years old now.........

So that makes you.....er.......21
Again :tinysmile_hmm_t2:

Lol .. i think its just the way you are reading it chap. The account was closed sometime in early 1998. That means the debt must be about 13 years old (maybe 12, i dont remember exact months)

1998 + 13 years = 2011.

[Angry Cat]

Re: Lowells little April fools

One of these?
http://www.ciao.co.uk/HSBC_Accounts__Review_38965

[charitynjw]

Re: Lowells little April fools

Cheers AC, I'll have to apply for one!!

[shamen]

Re: Lowells little April fools

I dont think its that one AC. It looks similar, except the account I had came with a switch card. I opened the account in 1996 when the bank was still midland bank - so a year or so before solo even came out. Im pretty sure it was called a 'young persons 16-19 account'.

It would not let me go overdrawn by taking money out of the cash machine, but if I 'accidentally' went overdrawn by writing a cheque or paying a d/d then there was a £50 buffer zone where i would not be charged anything (though after a month of being o/d they would write to me and charge me for the privilege)

[shamen]

Re: Lowells little April fools

Little update on this, I keep getting the threat-o-grams, four so far. Usual guff.

All filed under ignore

[pompeyfaith]

Re: Lowells little April fools

Blimey this outfit is getting real disperado for funds!!!!!!!!!!!!!!!

[MIKE770]

Re: Lowells little April fools

wonder if they read the Beano?

[shamen]

Re: Lowells little April fools

Another one today. Nice two page job with lots of bold writing and even making use of different colours of fonts to bring to my attention the extreme seriousness of the situation and the imminent dire risk to my credit report.

I may actually send something back just to do my part. Maybe this?

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.


You have contacted me regarding the account with the above reference number, which you claim an alleged debt is owed by myself.

I would like to point out that I have not held any account with HSBC in my adult life. Any account I have held with HSBC was active when I was under 18 years of age. I believe you will find that the account I held with HSBC was a 'Young Persons 16-18 account.'

I would also like to point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

As I have not held a HSBC account as an adult, that implies to me that you are pursuing an alleged debt which is (at least) over 12 years old. Based on your allegations that a debt was accrued on a HSBC account and my knowledge that I last held a HSBC account when I was under the age of 18, then this implies that the alleged debt was incurred by a minor. I would very much like to hear what part of law allows you to collect on an alleged debt which, if your allegations are true, is so old and could only have been accrued by a minor.

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to mislead debtors as to their rights and obligations, for example, falsely stating or implying that the debt is still legally recoverable and relying on consumers not knowing the relevant legal provisions ".
The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".
I have no knowledge of this alleged debt, do not acknowledge this alleged debt and have not acknowledged this alleged debt at any point, nor made any payment towards this alleged debt. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act and you can also provide evidence that shows this alleged debt was not accrued by a minor, then I suggest that you are barking mad to even be wasting your time thinking about it. Sending me further letters is just a waste of paper and excessive use of different colour writing serves no purpose other than wasting your printer ink as I really couldn't care less if letters are in pretty colours or not.

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

[CleverClogs]

Re: Lowells little April fools

How much will you charge the Leeds loonies for that and subsequent letters regarding that alleged debt?

[shamen]

Re: Lowells little April fools

Good point! thinking £30 a pop?