Lowells - Help needed please

[CleverClogs]

Re: Lowells - Help needed please

It may also be worth pointing out that if an alleged debt had become statute barred (by section 5 of the Limitation Act 1980 - link) it cannot be unbarred by subsequent acknowledgement (section 29 (7) - link).

Debt farmers may like to pretend that this is not so, whilst others may add spurious payments to one's account to keep an alleged debt from becoming statute barred. Unless they can prove that the payment was made by oneself or any person acting on one's behalf, such a cunning plan would probably come unstuck in court.

[Guest]

Re: Lowells - Help needed please

It may also be worth pointing out that if an alleged debt had become statute barred (by section 5 of the Limitation Act 1980 - link) it cannot be unbarred by subsequent acknowledgement (section 29 (7) - link).

Debt farmers may like to pretend that this is not so, whilst others may add spurious payments to one's account to keep an alleged debt from becoming statute barred. Unless they can prove that the payment was made by oneself or any person acting on one's behalf, such a cunning plan would probably come unstuck in court.

Yes they are quite capale of doing stuff like that, however as you say the owness of proof would be on them to show that the agreement was not statute barred, not to the alleged debtor to prove it was, if you se what i mean.


Peter

[WendyB]

Re: Lowells - Help needed please

Have you checked your credit file to see if there is a default, and if so, what date?

[Guest]

Re: Lowells - Help needed please

Have you checked your credit file to see if there is a default, and if so, what date?

Hi Wendy

Good idea, but keep in mind that the date on the default file doesnt have to be the same as the one on the default notice and therefore may not be the casuse of action

Usually both are issued in the same document but they do not have to be.

Peter

[ODC]

Re: Lowells - Help needed please

The cause of action generally is 1 month after the last payment made. According to the CC agreement they can then take action for recovery of the ALLEGED debt.

The Leeds LOSERS will make up an imaginary payment or even an attempted payment WTF!! to try to CON you into paying but as sal their threats are as empty as the brains of their telephone threat monkeys. Lowells are best dealt with by ignoring them

[Mrs James]

Re: Lowells - Help needed please

Have you checked your credit file to see if there is a default, and if so, what date?

I haven't, Wendy, but will check it out.

[Mrs James]

Re: Lowells - Help needed please

I've checked my credit file and Lowells have put on default on there. It's says - Defaulted on **/**/2006. The last card I had from them expired in 2004 and I haven't made any payments since then as I'm sure the account was settled.

Also, it doesn't make any mention of when the supposed £10 payment was made other than in the difference beteween the default balance and current balance.

[ODC]

Re: Lowells - Help needed please

The £10 payment is a figment of Lowells imagination. If you have told them this account is Statute Barred then the burden of proof is on them to prove otherwise. Unfortunately by registering with a CRA to check your Credit File will open the door to other DCAs now that you have updated your details

[Mrs James]

Re: Lowells - Help needed please

The £10 payment is a figment of Lowells imagination. If you have told them this account is Statute Barred then the burden of proof is on them to prove otherwise. Unfortunately by registering with a CRA to check your Credit File will open the door to other DCAs now that you have updated your details

Thanks, ODC, I haven't as yet told them that it's Statute Barred, should I now do so?

[ODC]

Re: Lowells - Help needed please

Yes. There is a simple letter to post them which I will put up later when I'm at my computer

[Curlyben]

Re: Lowells - Help needed please

Got your PM, read though and, TBH, I'd fire off a simple Prove It to see what that shakes loose..There's one on post #4 on the first link in my siggie..

It does sound like this is SB'd, also Cap1's agreements are for toffee, so either plan is a goer.
Just shake them a little first, you never know might well be fruitful..

[Mrs James]

Re: Lowells - Help needed please

Got your PM, read though and, TBH, I'd fire off a simple Prove It to see what that shakes loose..There's one on post #4 on the first link in my siggie..

It does sound like this is SB'd, also Cap1's agreements are for toffee, so either plan is a goer.
Just shake them a little first, you never know might well be fruitful..

Many thanks for taking the time to read my PM x

Will do.

[ODC]

Re: Lowells - Help needed please

I see my good pal Curlyben has replied before I could post the SB letter. The prove it letter is good too. In fact ignoring The Leeds Losers works just as well

[Mrs James]

Re: Lowells - Help needed please

I see my good pal Curlyben has replied before I could post the SB letter. The prove it letter is good too. In fact ignoring The Leeds Losers works just as well

Many thanks, ODC.

[Curlyben]

Re: Lowells - Help needed please

I see my good pal Curlyben has replied before I could post the SB letter. The prove it letter is good too. In fact ignoring The Leeds Losers works just as well

Yeah I know what you mean ODC, but you know me, second approach gets a response.
The trouble with leading with SB is, unless you are absolutely sure, you could come unstuck..

Better to make them do some work for you