Hounded by Lowell and Red

[Mabel01]

Can someone help me please? Divorced and lost house - triedto keep it but couldn't. This was in 2006 [November] paid off most debts butstill owed £23,000. Went to see a bankruptcy expert and wrote, asking Lloyds,M&S to make me bankrupt; heard nothing. I would have liked to have honoured the debt - but it was completely beyond me.
Moved house in October 2012 and in December 2012 receivedletters from Red and Lowell re the old debts [presume they found my address from my bank]. I wrote and ask them to takebankruptcy proceedings; they declined. Since then I receive approx 6 letters aweek from both. What can I do?
Can I stop this harrassment?

[enquirer]

Re: Hounded by Lowell and Red

Lowell and Red are the same. Lowells operate under a variety of names - it helps to put pressure on the debtor.

[PlanB]

Re: Hounded by Lowell and Red

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 receivedletters from Red and Lowell re the old debts. I wrote and ask them to takebankruptcy proceedings; they declined. Since then I receive approx 6 letters aweek from both. What can I do?
Can I stop this harrassment?

The creditor has to pay the costs of a BR petition which is probably why they have been reluctant to proceed if they think they won't recover the money from you. I presume you have no assets and are currently renting.

Are you sure you still want to go BR just to avoid the harassment and hassle of all this because BR is a major step? You can apply to go BR if you really want to that badly but there's a £750 fee to pay the court

Why not ignore all the letters you're being sent until they eventually stop sending them. If all these debts are from 2006 and you haven't paid anything since then there's a good chance some or all could be statute barred by now and they can't claim the money anyway. All the Defaults will have dropped off your credit file and you're on your way to builidng a new good credit history
If it was me I'd ignore Lowell and Red and they'll eventually run out of steam :lalala:

[Mabel01]

Re: Hounded by Lowell and Red

I am renting, yes. I have also got a good job and would prefereably like to leave the past behind. I thought that there maybe a letter [template] that I could send to them to stop them harrassing me. I have received 15 letters in 3 weeks.

[wales01man]

Re: Hounded by Lowell and Red

On the subject of the Lowell threat monkeys ever making someone bankrupt can any one see any reason why the would spend money if the debtor obviousley has nothing for them to liquidate all of us who are being chased by the fools and have no assets like me are almost wanting to beg them to take the action it would sort all my debts out,but the chances of it are zilch or even less

[Nibbler]

Re: Hounded by Lowell and Red

On the subject of the Lowell threat monkeys ever making someone bankrupt can any one see any reason why the would spend money if the debtor obviousley has nothing for them to liquidate all of us who are being chased by the fools and have no assets like me are almost wanting to beg them to take the action it would sort all my debts out,but the chances of it are zilch or even less

I think most of the cases where they are making someone bankrupt is where there are potentially assets/equity in any bankruptcy.

I say most, as there have certainly been a few where their use of an actual bankruptcy petition has been utterly inexplicable.

In those cases maybe they were simply mistaken about about assets?

Another possibility is that they want to create a reputation for following through? There has been so much frivolous use of SDs by DCAs (including Lowells) in the past, that until a while ago upon recieveing one and doing a bit of internet research on various forums, one could have (perhaps rightly) been excused for writing them off as an idle threat. That is obviously detrimental to DCAs ability to use these as a stcik to beat the debtor, so perhaps garnering a reputation for making people bankrupt is a tactic to negate that assumption and boost the effectiveness of their threatograms?

Probably crediting Lowells with more intelligence than they deserve there, but considering the number of people that Lowells have made BR in the last few years, there must be some formal rationale behind the tactic.

[wales01man]

Re: Hounded by Lowell and Red

Why use the threat if not following it through?
If faced with an AD and fearful of where it will end if you can pay the debt pay it or come to an agreement to pay unless you are willing to gamble for me it will end my debt mess for others its not the way to go .
If you know your liable for a debt and can pay pay it does anyone want all the hassle ????

[Nibbler]

Re: Hounded by Lowell and Red

Why use the threat if not following it through?

Beacsuse just the fact of a SD and potential BR scares the **** out of many people.

Until a while back companies like Lowells, 1st Credit/Connaughts, CapQuest to name a few, were sending SDs out like confetti as they knew they would cause a fair proportion of people to panic. They were rarely if ever followed through, but effective enough in a proportion of cases all the same. OFT etc saw the abuse of these and put out a few warnings to particular companies about issuing these threats without the intention of going through with it. Now looks like Lowells have decided to change the game.

[Nibbler]

Re: Hounded by Lowell and Red

This shows you what Lowells have been up to since 2009/10. (From MSE)

[Mabel01]

Re: Hounded by Lowell and Red

Could I not argue that it is statute barred or did I mess that up with my letter in December?

[Nibbler]

Re: Hounded by Lowell and Red

Could I not argue that it is statute barred or did I mess that up with my letter in December?

When in 2006 did you last make payment or write acknowledgement of the debt? And when in 2012 did you write asking them to make you bankrupt?

Should there be less than a 6 year gap there, then content of the 2012 letter would also be important, as to whether it constitutes acknowledgement or not.

[shell]

Re: Hounded by Lowell and Red

Re the statute barred, what part of the country are you in? For Scotland it becomes barred after 5 years, the rest of the country 6 years. Also this acknowledging the debt, if you haven't paid anything towards the debt in the 5 or 6 years it is statute barred. End of.

[Mabel01]

Re: Hounded by Lowell and Red

I haven't paid anything toward the debt at all. With regard to my letter dated December 14th 2012, I wrote
Dear Sir or Madam,
I have received your letters both of which are attached. I have written before explaining my position. Please can you investigate bankrptcy proceedings as I cannot afford to pay these debts'

I have messed up the 6 year period haven't I, even though I have never p[aid anything. Do I have to wait another 6 years now?

[shell]

Re: Hounded by Lowell and Red

No you haven't messed up the six year period. The time is and was up. They can sing for it. If they send you another letter, send them something along the lines of.........
Look I've told you to take me to court, please do so, so that you can explain to the court why you are chasing and threatening me over a statute barred debt........ .
This is just a scare tactic. They are hoping you don't know any better and will pay something. Tell them to sling their hook.

[Nibbler]

Re: Hounded by Lowell and Red

So when in 2006 did you write then?

Sorry to keep asking, but need to be sure of when you may have last acknowledged the debt back in 2006 so we know when the 6 years could have started from.