Lowell chasing me

[ODC]

Re: Lowell chasing me

Lowell are well known for making imaginary payments. Point out to them that the debt was already Statute Barred before their imaginary payment in 2009

[Nibbler]

Re: Lowell chasing me

http://forums.moneysavingexpert.com/...21&postcount=6

[CleverClogs]

Re: Lowell chasing me

an update for you, I have today received a letter from Lowell today 02/03/2013 saying exactly the same thing they put in the letter dated to me on the 02/01/2013 which reads;

Dear sir/madam

Thank you for your letter, concerning the above account.

We confirm that your account remains legally enforceable by us and is not statute barred as suggested in your letter.

This is because you made a payment in relation to this account on the 4th August 2009 of £20.00.

Under the Limitation Act 1980, where we have the legal right to recover the outstanding debt and you make a payment towards the debt due, this has the effect of re-starting the period during which we are able to legally enforce a debt.

???????????

They've had their chance to withdraw from this without seeming to be crooks, stupid or both.

I suggest you report the silly buggers to your local Trading Standards department, who may be able to explain to them how section 29(7) of the Limitation Act 1980 works. They should certainly be able to explain to the losers from Leeds that pursuing a statute barred debt contravenes the OFT Debt Collection Guidelines and that conduct of that sort might make the OFT minded to revoke Lowell's licence.

Alternatively, you may prefer to tell them rudely to remove their heads from up their arses long enough to read that the last payment or written acknowledgement of the alleged debt was made in 1998, that the alleged debt thus became statute barred in 2004 and that no subsequent payment by you, whether real or imaginary, could restart the limitation period.

Send them a copy of the attached file, with sub-section 7 highlighted.

[Carsey1974]

Re: Lowell chasing me

Hi guys

A quick update, I sent a letter back to Lowell on 04/03/13 it was the same as the last one I sent just a different date and while that letter was on its way to them I contacted the OFT and they told me to email all the details to them and there licence number stated on the letter.

I have still received no reply from them and hopefully the OFT has contacted them and told them to stop harassing me, I will keep you guys informed of any further developments.

Thanks again for all your help and replies its greatly appreciated

Tony

[Carsey1974]

Re: Lowell chasing me

Hi guys

Received a letter of Lowell saying that they have replied to my letter and they hope it resolves the matter now and to contact them to arrange a payment plan and they still have not provided evidence of any payments being made by me. I have not told them I have emailed the OFT explaining the situation but they have not replied yet, do you guys think I should now tell Lowell that I have involved the OFT and Trading Standards and they need to provide evidence of payments made????

Thanks

[Mabel01]

Re: Lowell chasing me

Can someone help me please? Divorced and lost house - tried to keep it but couldn't. This was in 2006 [November] paid off most debts but still owed £23,000. Went to see a bankruptcy expert and wrote, asking Lloyds, M&S to make me bankrupt; heard nothing.

Moved house in October 2012 and in December 2012 received letters from Red and Lowell re the old debts. I wrote and ask them to take bankruptcy proceedings; they declined. Since then I receive approx 6 letters a week from both. What can I do?

[bluebottle]

Re: Lowell chasing me

Let the silly buggers continue to delude themselves. In addition to any breaches of debt collection regulations, what they are doing may well amount to an offence under Section 2, Fraud Act 2006 (Fraud by False Misrepresentation). In addition, Section 12 of the Act gives the police and CPS the power to prosecute not only the company, but its directors, secretary, officers and managers, too. A company is likely to cop an unlimited fine, but the directors, etc., can be jailed for up to 10 years. A conviction for criminal dishonesty can lead to a company director receiving a lifetime ban from acting as a company director.

If Lowells were to claim they didn't know this, they are more deluded than I thought.

[gaz2006]

Re: Lowell chasing me

Can someone help me please? Divorced and lost house - tried to keep it but couldn't. This was in 2006 [November] paid off most debts but still owed £23,000. Went to see a bankruptcy expert and wrote, asking Lloyds, M&S to make me bankrupt; heard nothing.

Moved house in October 2012 and in December 2012 received letters from Red and Lowell re the old debts. I wrote and ask them to take bankruptcy proceedings; they declined. Since then I receive approx 6 letters a week from both. What can I do?

firstly start your own thread youll get better answers that way

[Mabel01]

Re: Lowell chasing me

I just want to move on but is my debt statute barred? I did acknowledge the debt when I wrote to them - but this is absolute harrassment

[Mabel01]

Re: Lowell chasing me

How do I do that? Brand new!!

[Carsey1974]

Re: Lowell chasing me

Hi guys

Sorry to butt in on my thread haha but any ideas of what I should do next

Thanks

[Carsey1974]

Re: Lowell chasing me

Hi guys

Here is my present situation the letter I received from Lowell yesterday 16/03/13 which is another box standard letter basically saying We have replied to your query you raised on your account. We hope this resolves things for you and you are now in a position to discuss repayment of this debt. If I am not satisfied with our response or you have a question regarding it, then please call as we will be more than happy to help.

And they offer a repayment plan and that once they start to receive payments they will inform the Credit Reference Agencies who will update my credit file accordingly.

Well I check my file every month have done for the last 8 years as I am a member of both Experian and Equifax and there is nothing on my file and never has been. So what the hell are they in about, I am planning to send a letter back to them the normal standard letter saying I don't accept this debt etc etc and also adding that I have now contacted the OFT and trading standards about the harassment.

Have you guys got any thoughts on this???

Thanks Tony

[Nibbler]

Re: Lowell chasing me

Dear Lowlifes.

- Your previous letter did not answer my query as you claim.
- You claim this account is not statute barred as payment was made in 2009.
- I deny such payment was made, and demand you supply the proof of payment that you would seek to rely on in court.
- If you continue to claim a false payment was made by myself, then I will refer the matter to the OFT and trading standards.
- Not withstanding the above, you are also aware that this account would have been statute barred in 2004.
- Under the Limitation Act 1980 "a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgement or payment".
- Therefore this account was statute barred in 2004, and remains so regardless of any later payment or acknowledgement you may claim.
- Your claims to the contrary are a clear attempt to mislead by misrepresenting the legal status of this account, which is a breach of OFT Guidelines. You may also be in breach CPUTR 2008 by making a false claim, and this may also represent an attempt to obtain monies by false representation.
- This is now a formal complaint, and I require you to provide a copy of your complaints procedure.
- I reserve the right to refer this complaint to the FOS if you do not supply a final response that corrects your misleading statements and actions.

[Carsey1974]

Re: Lowell chasing me

Thanks nibbler

That all sounds great will copy that and send it off and see what they come back with, i think it's now become a game off letter tennis with these jokers. I appreciate all your help and advice

Tony

[Nibbler]

Re: Lowell chasing me

Usually is with these clowns.

The last part may be the most improtant. If you take it to the FOS then it will cost Lowlifes £500 for the pleasure, and any decision would be binding on them, but NOT on you. If the debt really is statute barred, then they will waste money on letter tennis for a bit, but getting stung for £500 might just make them smell the coffee.