Tobydog's Lowell/Co-op question - Account bought, lowell chasing with no details

[PlanB]

Re: Tobydog's Lowell/Co-op question - Account bought, lowell chasing with no details

Lowell have been chasing me for a debt with a bank dating back to 1992 - yes 20 years ago. All of a sudden 2 years ago I started receiving demands for payment from Lowells and their associated companies and to date have received 21 letters and there was not attached to anyone of those letters one piece of evidence as to why they say I owe this money.

When did you last make a payment towards this debt?

Did you reply to any of those 21 letters? A lot will depend on what you said in your replies (if any were sent) as to whether you acknowledged the debt, but it could be statute barred if you've not paid anything for six years.

[tobydog1]

Re: Tobydog's Lowell/Co-op question - Account bought, lowell chasing with no details

Both dates apply within the last week. I am applying for set aside Tues which is well within time.

[tobydog1]

Re: Tobydog's Lowell/Co-op question - Account bought, lowell chasing with no details

No did not reply to any of the letters and no monies paid. Surely no proof no money !

[PlanB]

Re: Tobydog's Lowell/Co-op question - Account bought, lowell chasing with no details

Both dates apply within the last week. I am applying for set aside Tues which is well within time.

I would strongly suggest that you talk to Celestine on Tuesday before you make your set-aside application. Trust me on this point :wink:

PM her with a link to this thread and your phone number hone: You won't regret it.

If she can evaluate your case you may be able to have a lawyer do your set-aside for you on a CFA agreement (i.e. No Win No Fee). I can't promise that but she'll let you know the score when you speak :cell:

That's why it's important to post up as much information as you can for her to read first.

If you're worried about security issues it may be possible to move your thread to a more private area of the forum. Just ask

[PlanB]

Re: Tobydog's Lowell/Co-op question - Account bought, lowell chasing with no details

No did not reply to any of the letters and no monies paid.

When do you believe you made your last payment?

[PlanB]

Re: Tobydog's Lowell/Co-op question - Account bought, lowell chasing with no details

They claim it is a bank

Never mind what *they* claim. As far as you're concerned was it a current account, a personal loan or a credit card with the bank?

[PlanB]

Re: Tobydog's Lowell/Co-op question - Account bought, lowell chasing with no details

Surely no proof no money !

It's not as simple as that

They may still come up with proof at the bankruptcy hearing which will definitely take place (following a petition which will be the next thing served on you) if you don't successfully get this SD set-aside first. Once the BR petition is served you've made life a lot harder for yourself or any lawyer.

I don't wish to sound rude but you really do need to take this SD seriously or you'll be in for a great shock :scared:

[PlanB]

Re: Tobydog's Lowell/Co-op question - Account bought, lowell chasing with no details

have received 21 letters and there was not attached to anyone of those letters one piece of evidence as to why they say I owe this money.

Who says they have to attach evidence to any of those letters? They were just letters not a court summons. You say you didn't reply to any of those letters so you've not challenged or disputed the debt with Lowell. Because you have been silent on the matter Lowell may think you're avoiding the debt. They're not psychic. How would they know the debt is SB (if it is) or any other reason why they should not collect it by any method they decide to choose. They have chosen the bankruptcy court.

What did you do with those 21 letters? Did you keep them or did you throw them away or did you send them back "Return to Sender"?

[tobydog1]

Re: Tobydog's Lowell/Co-op question - Account bought, lowell chasing with no details

I understand what your saying and that you are trying to help. I think maybe it is time for me to see a solicitor but I am annoyed that I have to do this when Lowell have not supplied one shred of evidence for the claim against me and if they are trying to use scare tactics, anyone that knows me, knows that won't work.

[wales01man]

Re: Tobydog's Lowell/Co-op question - Account bought, lowell chasing with no details

Its a solicitor or a bankruptcy judge? The choice is yours,if you are positive that there is no evidence you could ignore it all or face the prospect of what may happen read on LB some threads on bankruptcy

[tobydog1]

Re: Tobydog's Lowell/Co-op question - Account bought, lowell chasing with no details

Yes I realise what you are saying but I consider 20 plus letters is an excessive amount of correspondence to send when they have not even attempted to supply the necessary paperwork to support their claim. Yes I have all the letters, I could paper the walls with them!

[FlamingParrot]

Re: Tobydog's Lowell/Co-op question - Account bought, lowell chasing with no details

Both dates apply within the last week. I am applying for set aside Tues which is well within time.

On what grounds are you applying for a set-aside?

As advised above, you should really contact CELESTINE - click here to PM her before doing anything, she has EXTENSIVE EXPERIENCE :yo: setting aside SDs, it even says so on her signature. :grin: Many of those SDs she has successfully dealt with have been from Lowell and they often use BW Legal. This is an example: http://www.legalbeagles.info/forums/...emand+bw+legal

[wales01man]

Re: Tobydog's Lowell/Co-op question - Account bought, lowell chasing with no details

We can beat you with 22 letters don't think the volume of letters makes a difference

[FlamingParrot]

Re: Tobydog's Lowell/Co-op question - Account bought, lowell chasing with no details

Its a solicitor or a bankruptcy judge? The choice is yours,if you are positive that there is no evidence you could ignore it all or face the prospect of what may happen read on LB some threads on bankruptcy

Such as this one: http://www.legalbeagles.info/forums/...her+bankrupted

[FlamingParrot]

Re: Tobydog's Lowell/Co-op question - Account bought, lowell chasing with no details

Yes I realise what you are saying but I consider 20 plus letters is an excessive amount of correspondence to send when they have not even attempted to supply the necessary paperwork to support their claim. Yes I have all the letters, I could paper the walls with them!

Did you ask for them to supply the paperwork? If so, in what way? Did you send a CCA request? a prove it letter? :noidea:

Lowell are just debt purchasers, they buy defaulted accounts in bulk without any paperwork. Their job is just to collect. It's up to you to challenge them to prove the debt when they contact you, debt collectors don't make a habit of enclosing documents with their threat letters because they don't even have them! However, once you request them, they have a duty to obtain them from the original creditor. :typing: