Hounded by Lowell and Red

[FlamingParrot]

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?

Not if your last payment or written acknowledgment was prior to December 2006. Once a debt is SBd, it can't be unbarred.

Having said that, this rings a bell from another thread, and there's a mention of 'losing a house'. If the debt is for a mortgage shortfall, then the limitations period would be 12 years instead of 6

[Mabel01]

Re: Hounded by Lowell and Red

I didn't lose the house, managed to sell it and repay most of other debts except for a loan and M&S card.

I have never paid anything toward the loan or card since selling the house, and I'm sorry - I can't remember when I wrote to both the debtors. I sold my house in Nov '2006 but to be honest it could have been in 2007 that I wrote to them. Years go by whilst you are trying to rebuild and scary letters find themselves in a drawer. I do remember that for a long time the letters came from Capquest. Only in December did they come from Red.

Just want to get them off my case

[PlanB]

Re: Hounded by Lowell and Red

I didn't lose the house, managed to sell it and repay most of other debts except for a loan and M&S card.

. . . . I have never paid anything toward the loan or card since selling the house

Was this M&S card originally a storecard "upgraded" to a credit card in 2003/4 :grin: If so read this thread :whoo:

http://www.legalbeagles.info/forums/...card-what-next

What is the other debt (Lloyds?) Lowells are chasing and when did you open that account ?

[Mabel01]

Re: Hounded by Lowell and Red

No, it was just a store card. The other debt was a bank loan. I had a loan for 15,000 [for university] in all, including interest I paid approx 22,000 over the years so although the capital looks to be paid off, there is a capital/interest element. That was started around 2004 [I think] maybe even 2003 - finished uni in 2006

So the Lloyds is really old - but didn't default until I sold the house - I maintained payments on my mortgage and didn't default on them

[PlanB]

Re: Hounded by Lowell and Red

No, it was just a store card. The other debt was a bank loan. I had a loan for 15,000 [for university] in all, including interest I paid approx 22,000 over the years so although the capital looks to be paid off, there is a capital/interest element. That was started around 2004 [I think] maybe even 2003 - finished uni in 2006. So the Lloyds is really old

So it may make sense to ask Lowells to "prove" the debts they're chasing with a s.77 - 79 request. I'll ask Flaming Parrot to tell you how you can do this wthout actually admitting to the debts and trashing your SB status

[FlamingParrot]

Re: Hounded by Lowell and Red

So it may make sense to ask Lowells to "prove" the debts they're chasing with a s.77 - 79 request. I'll ask Flaming Parrot to tell you how you can do this wthout actually admitting to the debts and trashing your SB status

Below is the CCA request letter that others have been sending, many of them to Lowell. Send it with a PO for £1 by recorded delivery, so you can track it. Sign the letter digitally using a computer font rather than your real signature to be on the safe side. They have 14 days to respond.

Dear Sirs,

Account/Ref No:

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement and a full breakdown of the account including any interest or charges applied.

A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

I understand that under the Consumer Credit Act 1974 [sections 77-79], I am entitled to receive a copy of any credit agreement and a statement of account on request.

I enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974, and believe a copy of any credit agreement, along with a statement of account, should be supplied within 12 working days.

I understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

I look forward to hearing from you.

Yours faithfully



Your name.

[Mabel01]

Re: Hounded by Lowell and Red

Daft question: 12 working days - is that Monday-Friday? So if I send it tomorrow 12 working days is the 8th April. Correct?

Hey; all of you - thank you for helping. Much appreciated

[FlamingParrot]

Re: Hounded by Lowell and Red

Daft question: 12 working days - is that Monday-Friday? So if I send it tomorrow 12 working days is the 8th April. Correct?

Hey; all of you - thank you for helping. Much appreciated

Don't worry too much about the timescales. As Lowells are a debt purchaser, they won't have the documents, they'll have to go back to the original creditor to obtain them and it's extremely unlikely they will be able to do so within the set timescale. As long as they haven't satisfied your lawful request, they will be in default and the account will be unenforceable. I know of some cases where Lowell have had to admit they cannot enforce because the OC cannot locate the agreement. :bounce:

You are covering yourself by sending the CCA request, don't stand by the calendar, just relax and forget about it until someone contacts you. If and when you hear from someone, do come back and post up. :grin: