Lowell Group - 3 Mobile/Egg

[mr.ton]

Re: Lowell Group - 3 Mobile/Egg

Hi again folks,

Lowells have now sent us a letter asking us to complete a rather complicated form that says we have agreed that there has been fraudeilent activity on the account. We have questioned that they had the right person as they have managed to turn 1 x debt for a 3 mobile phone into 3 x seperate accounts with different amounts and different reference numbers.

I don't really want to complete the form as it asks for passport numbres and various other personal details that frankly i just don't wish to share with them. They still have not sent proof of the debts as requested other than trying to say that the 3 mobile don't have to provide a contract etc...

What should i do now?

Kind regards

Peachie1

I had 1 of these laughable "disclaimers" recently as well - ignore, tear it up and discard in bin - it has no legitimacy whatsoever.

[CleverClogs]

Re: Lowell Group - 3 Mobile/Egg

I had 1 of these laughable "disclaimers" recently as well - ignore, tear it up and discard in bin - it has no legitimacy whatsoever.

Do not discard or destroy it - just file it away carefully as it shews their inability to respond appropriately.

[Peachie1]

Re: Lowell Group - 3 Mobile/Egg

Hi everyone, thanks for all your help but i need some more advise. Lowells have now produced a copy of a two page "credit agreement" for the Egg Debt. The date of the original agreement goes back to 2003. It does appear to have my partner signature on it but we are now talking 8 years later. Are they allowed to chase it as 6 years have passed?

What should i respond with?

[ODC]

Re: Lowell Group - 3 Mobile/Egg

They can continue to chase the debt as it still exists. However after it becomes Statute Barred they CANNOT enforce it. If you inform them it's Statute Barred and they cannot PROVE otherwise then they are breaching the OFT guidelines and possibly the law by continuing to harass you

[Peachie1]

Re: Lowell Group - 3 Mobile/Egg

Okay..... not to sound like an idiot but what is statute barred? and how do i find out if the debt is that?

Thank you for replying so quickly

[ODC]

Re: Lowell Group - 3 Mobile/Egg

If no payment has been made for a period of 6 years (5 in Scotland) then the debt is Statute Barred. That means that they cannot take any legal action for recovery of the money.

That's the simple explanation. The legal definition is slightly more complex but don't concern yourself. The Leeds losers are well known for inventing imaginary payments so keep us posted. The burden of proof that a debt is not Statute Barred rests with the DCA. It's not up to you to prove anything

[CleverClogs]

Re: Lowell Group - 3 Mobile/Egg

My Husband has lead an interesting youth, in 2006 he made the mistake of opening a credit card with Egg

Hi everyone, thanks for all your help but i need some more advise. Lowells have now produced a copy of a two page "credit agreement" for the Egg Debt. The date of the original agreement goes back to 2003. It does appear to have my partner signature on it but we are now talking 8 years later. Are they allowed to chase it as 6 years have passed?

What should i respond with?

First of all, why did you suppose the card was obtained in 2006 rather than 2003?

Secondly, when was the last payment made to that account or that alleged debt acknowledged in writing?

[Peachie1]

Re: Lowell Group - 3 Mobile/Egg

Hi,

We thought that the Egg debt was from 2006 because they listed it with the debt for 3 mobile which was from 2006. They gave no other details apart from the amounts. When i requested some kind of proof or credit agreement for the Egg account they sent through the document that i have now and it states its from 2003. We have never received any paperwork that confirms a payment. My husband has never made a payment to the account so nothing should exist.

Where do i go from here, do i write back to them and say that this debt is statute barred and they they should no longer chase, request that they do not contact us again?

[labman]

Re: Lowell Group - 3 Mobile/Egg

Dear Sir/Madam

Re: Account No/Your Ref:

No debt is acknowledged to your company yet you have contacted me regarding the above account.

As I am sure you are aware, under the Limitation Act 1980, s.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.”

No correspondence/payment/acknowledgement of this debt has been made within the last six years and accordingly unless you can provide evidence of payment or written contact from me in the relevant period under s.5 of the Limitation Act 1980, I suggest that you are no longer able to take any court action against me to recover any alleged amount claimed.

Furthermore, the OFT Debt Collection Guidance states that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to s.40 (1) of the Administration of Justice Act 1970".

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

I look forward to your early reply.



Yours faithfully




(Your signature)
(Your Name)

[Gorang]

Re: Lowell Group - 3 Mobile/Egg

In addition to the content of labmans letter you could also add this to the bottom just to give it a bit more clout and to show you mean business

Furthermore, the OFT Debt Collection Guidance states 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 s.40 (1) of the Administration of Justice Act 1970".

Rest assured if your company can't/won't or refuse provide valid proof of this alleged debt and continue to contact me requiring any payments, then I WILL exercise my right, and file in court against your company for harassment, damages and costs.

I will also ONLY communicate on this matter in writing.

I await your written confirmation of either proof that the alleged debt exists,or that no further contact will be made concerning the above account and confirmation that this matter is now closed.

[labman]

Re: Lowell Group - 3 Mobile/Egg

Like the end bit Gorang, except I don't think they want proof it exists. It still exists even if it's SB, they would need proof it was not SB.

Also worth heading the letter I do not acknowledge this alleged debt.

[Gorang]

Re: Lowell Group - 3 Mobile/Egg

Like the end bit Gorang, except I don't think they want proof it exists. It still exists even if it's SB, they would need proof it was not SB.

Also worth heading the letter I do not acknowledge this alleged debt.

Sorry I should of just put the whole letter mate, will do that now as that will explain the vaild proof bit and the heading

Creditor or DCA NameCreditor or DCA Address
Town
County
Postcode

Dear Sir/Madam

Re: Account No/Your Ref:

I acknowledge NO debt to your company yet you continue to contact me regarding the above account.

Therefor I require proof of the alleged debt that you say I am owed to you or your client, in the nature of any (but not limited to), written agreements, statements or correspondence, also as I am sure you are aware, under the Limitation Act 1980, s.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.”

No correspondence/payment/acknowledgement of this alleged debt has been made within the last six years and accordingly unless you can provide evidence of payment or written contact from me in the relevant period under s.5 of the Limitation Act 1980, I suggest that you are no longer able to take any court action against me to recover any alleged amount claimed.

Furthermore, the OFT Debt Collection Guidance states 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 s.40 (1) of the Administration of Justice Act 1970".

Rest assured if your company can't/won't or refuse provide valid proof of this alleged debt and continue to contact me requiring any payments, then I WILL exercise my right, and file in court against your company for harassment, damages and costs.

I will also ONLY communicate on this matter in writing.

I await your written confirmation of either proof that the alleged debt exists,or that no further contact will be made concerning the above account and confirmation that this matter is now closed.


Yours faithfully

(Your signature)
(Your Name)

this is one I made up for another site, to give it a bit more clout and to show them that you mean business

[labman]

Re: Lowell Group - 3 Mobile/Egg

Makes sense in context - apologies!

[ODC]

Re: Lowell Group - 3 Mobile/Egg

Post that off recorded delivery and sit back and wait for the Leeds Losers/Liars to come up with some feeble excuse as to why this isn't Stat Barred. Usually it's some mysterious and imagined payment or the hilarious one that the time limits only apply after the default has been registered. All total ******** of course

[CleverClogs]

Re: Lowell Group - 3 Mobile/Egg

Post that off recorded delivery and sit back and wait for the Leeds Losers/Liars to come up with some feeble excuse as to why this isn't Stat Barred. Usually it's some mysterious and imagined payment or the hilarious one that the time limits only apply after the default has been registered. All total stercus bovi of course

IFYPFY.

Have they tried any other excuses?