Lowells and Hamptons Legal

[waldo1969]

Hi all,
I'm new on here and was looking for a wee bit of advice or legal know how, please

Back in August 2004 I bought a car jointly with my then wife in Bristol. This was funded with finance through Black Horse.
Unknown to me the payments weren't getting made to Black Horse, thanks to my ex!!!
The last payment was made to Black Horse in June 2007, the car was subsequently repossessed and sold at auction

So...I received a letter from Black Horse on 18/09/2011 saying that they'd sold my account to Lowell Portfolio I Ltd on 31/08/2011. I received a letter from Lowells on 19/09/2011 saying i owe £7743.35 to which i set up a repayment plan of £75/ month which i was paying up to October last year when i first came across this site

I requested copies of the CCA and a statement from Black Horse including the value of the auctioned vehicle

I received confirmation that they were looking into these on 20 November 2013

Today I've received a reply from Lowells with an attached BH statement and CCA, with a good will gesture of a 20% discount if i pay in full or set up another payment plan. They've given me 14 days to reply


What i was wondering if there's anymore i can request or do or do i have to pay the debt in question? Ive been reading through the other Lowell threads and wasn't sure if it would be Statute Barred or anything bearing in mind of the dates
I'm now living in Scotland and have been since April 2011 if this makes any difference through the Scottish law system

Many thanks for looking at this...any advice or ideas would be gratefully appreciated

Mark

[FlamingParrot]

Re: Lowells and Hamptons Legal

Hi and welcome to LB!

I'm sorry your thread seems to have been missed

Back in August 2004 I bought a car jointly with my then wife in Bristol. This was funded with finance through Black Horse.
Unknown to me the payments weren't getting made to Black Horse, thanks to my ex!!!
The last payment was made to Black Horse in June 2007, the car was subsequently repossessed and sold at auction

So...I received a letter from Black Horse on 18/09/2011 saying that they'd sold my account to Lowell Portfolio I Ltd on 31/08/2011. I received a letter from Lowells on 19/09/2011 saying i owe £7743.35 to which i set up a repayment plan of £75/ month which i was paying up to October last year when i first came across this site

I requested copies of the CCA and a statement from Black Horse including the value of the auctioned vehicle

I received confirmation that they were looking into these on 20 November 2013

Today I've received a reply from Lowells with an attached BH statement and CCA, with a good will gesture of a 20% discount if i pay in full or set up another payment plan. They've given me 14 days to reply

What i was wondering if there's anymore i can request or do or do i have to pay the debt in question? Ive been reading through the other Lowell threads and wasn't sure if it would be Statute Barred or anything bearing in mind of the dates
I'm now living in Scotland and have been since April 2011 if this makes any difference through the Scottish law system

Sadly not, it wouldn't be statute barred, not even in Scotland, as you say above you were paying £75/month up until October last year. For a debt to be SBd, there has to be a clear 6 year (5 in Scotland) period without any payments or written acknowledgment. From 2007 to 2011 there were just 4 years.

Could you scan or take a picture of the CCA you have received, after removing your personal details? :typing:

[Inca]

Re: Lowells and Hamptons Legal

As Ms Parrot has pointed out,,the Statute Barred clock started ticktocking again when you made the payments so that defence doesn't hold any water.
Unless there is something in the paperwork that renders the agreement unenforceable (and there are a few VERY pedantic Beagles on here who don't miss a trick,let alone a possible UE) then sadly,you more than likely have to stump up the cash.