Lowell 75% discount and phone calls again...

**Amethyst** · 9th May 2014, 17:07:PM

Re: Lowell 75% discount and phone calls again...

If they are bugging you and you are finding it stressful, and the debt is now statute barred then I would write to them and tell them so, and both fronts.

A 75% discount is a pretty massive discount of offer when you have a legitimate debt owed by someone, I expect they know it is stat barred and are winging it.

Will sort a bit of a letter out for you, but first am going to have a read of your old thread in case theres anything helpful on there

xx (and yes you are absolutely fine to have a new one for this specific issue )

**Amethyst** · 9th May 2014, 17:32:PM

Re: Lowell 75% discount and phone calls again...

Now, on your other thread you were discussing setting up a self managed DMP with your £6 a week residual income, did you ever contact anyone after the CAB letters were sent out in 2006 ?

Just drafting something to help you with your letter, see what anyone else thinks as I may have a been a bit harsh, but Lowells annoy me.

Dear Sir/Madam

Ref: Your Reference XXXXXXXXXXXXX

You have contacted me regarding the account with the above reference number.

I would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.” As I have not had any contact with your company and as last contact with anyone regarding this alleged debt was back in 2006 then I suggest that this debt is time barred. I realise your company may not be aware of the exact particulars of the debt as they may have purchased it from someone else, hence my writing to you today.

I would also like to place you on notice that your company is causing me alarm and distress due to the frequency of the telephone calls which I am receiving in relation to this matter. You have sent me a letter, which I found quite threatening in tone, and you are constantly calling me and I am left feeling anxious and ill at the prospect of speaking with you. I do not wish to discuss this matter further via the telephone and the only written communication I expect from you is to confirm you will cease contacting me. You will also agree not to ''send the account to an approved debt collector who 'may' visit my home to discuss repayment''.

I have received calls from your firm over the last week at the following dates and times;
1)
2)
3)
4)
5)

I'm sure you can see this is rather excessive and I expect it to cease forthwith.

I would like to point out that the FCA say under their Consumer Credit rules (CONC) ''A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred.'' Please take this letter as notice that I will not be paying this debt because it is statute barred. Continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970. Continuing to contact me will not aid your quest for payment on this statute barred debt in any case as I have no available funds and reside on a very limited income.

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

Yours faithfully

Your Name

**tiredandweary** · 10th May 2014, 16:47:PM

Re: Lowell 75% discount and phone calls again...

Hi Amethyst.
Thank you so much for your reply and draft letter.

I am sooo unsure about sending anything to anyone, having read so many times on here that they 'come up with fictitious payments and/or acknowledgements'.:tinysmile_aha_t: I am worried I may shoot myself in the foot, (so to speak) lol, or if I am unlucky enough to receive a S/D or Court form from anyone, I will be back to square one.
From my original post saying I had a disposable income of £6.00, I received fantastic help and advice from Labman (Hi Labman if you are reading this. I hope all is well

). It was deduced that I didn't have £6.00 left after completing an indepth IE sheet. I had misssed out some essentials doh.

Anyway, regading the CAB and payments. In the bundle of communications they sent me, there is a reply from Cap 1 dated May 2007. It briefly says, We recently wrote to you (CAB) to advise that (me) has broken their reduced payment plan...Arranged to pay £1.00 each month and this has not been received....Now assumed you are, (CAB), no longer acting on behalf of (me), so will contact (me) directly. ' This was their reply to the Dec 06 offer of £1.00 per month. I am now almost certain, this is proof that no payments were made before Dec 06 nor after.
I went to see the CAB in 08 regarding another matter, not debt related, and am sure they asked if I had been paying my debts. I said no I hadn't.
When I contacted the CAB to ask for all the information they held on me concerning my debts, I was reassured that there had been no further communication and everything they had, had been sent to me. Also, the 'last' communication from anyone was in Sep 07, to CAB from Green & Co, concerning four other (bank) debts all in one letter, in reply to a letter from CAB offering £1.00 per month in Dec 06. This one is in relation to proceedings against me but I had one final oppertunity to offer repayment proposals by phoning their client. If I faied to respond, they may, 'All Usuall Threats'... Proceedings were never issued against me.
I have since found out that two of these debts were infact the same one!! Since then, all contact about these debts have been from individual DCA's demanding payment, offering discounts, etc, etc, and have so far been through around 8 different DCA's. I have not written or contacted any of them since the CAB in 06.
I must admit, I was very impressed that the CAB were able to supply this information after so many years.

It has been very helpful to me as I have written proof of dates etc, if I ever need to rely on them in future. Unfortunately, I cannot rely on my memory from that time...
Anyway Amethyst, many, many thanks for your help so far. I am sorry for the long, rambling post but I wanted you to have as much information as I have, up to date. I do hope I haven't confused you as much as I have confused myself :confused2:
T&W xx

**Amethyst** · 10th May 2014, 17:17:PM

Re: Lowell 75% discount and phone calls again...

Add to the top of the letter - I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY.

You can sit tight and just ignore everything, it's okay, I just got the feeling you were struggling with the incessant phone calls and their letter had worried you, it is unlikely to stop for a while, and as your last contact was definitely in December 2006 and you have evidence of this your debt is definitely statute barred.

**tiredandweary** · 10th May 2014, 18:42:PM

Re: Lowell 75% discount and phone calls again...

Hi Amethyst,
Thank you again.

Your reassurance means an awful lot to me.

Yes, you are right. I am struggling and I am very worried. I wish I could just forget about it all but when they constantly ring and send letters, it is hard...

I don't know why I let them bother me so much. They really do not deserve any emotion from me or others but they always seem to gain some

.
I will write the letter out over this weekend and post it next week. I won't forget to add the bit at the top, that seems a very important statement to make. I will let you know the outcome if that is ok?
Thank you once again.
T&W xx

**tiredandweary** · 10th May 2014, 18:45:PM

Re: Lowell 75% discount and phone calls again...

PS,
Sorry, but do I sign/ print or use a computer signature for my name on the letter?
Thank you

.
T&W xx

**Amethyst** · 10th May 2014, 19:12:PM

Re: Lowell 75% discount and phone calls again...

Of course let us know the outcome. Signing it is fine. I'll see if anyone else wants to have any input into the letter or thinks differently to me.

**Guest** · 10th May 2014, 19:26:PM

Re: Lowell 75% discount and phone calls again...

A piddling point, and you may want to alter he letter , although in the scheme of things it makes no real difference but:

Section 40 of the administration of justice act no longer applies to contracts of this nature, it was withdrawn under CPUTR
http://www.legislation.gov.uk/ukpga/1970/31/part/V

[F1(3A)

Subsection (1) above does not apply to anything done by a person to another in circumstances where what is done is a commercial practice within the meaning of the Consumer Protection from Unfair Trading Regulations 2008 and the other is a consumer in relation to that practice.]

**tiredandweary** · 10th May 2014, 19:57:PM

Re: Lowell 75% discount and phone calls again...

Hi andy58,
Thank you for the reply.
I have read the link you posted, but, I am at a loss as to whether or not I am being harassed :sorry:.
It is this part-3A)Subsection (1) above does not apply to anything done by a person to another in circumstances where what is done is a commercial practice within the meaning of the Consumer Protection from Unfair Trading Regulations 2008 and the other is a consumer in relation to that practice.]
-that I am baffled about. Do sections 40- (1) a,b,c,d and 2, apply to me, but not (3) and F1 (3A) ?
I am sorry, but I have a mental block on legalities. I have tried, honest.
Many thanks,
T&W

**Guest** · 10th May 2014, 20:15:PM

Re: Lowell 75% discount and phone calls again...

The letter is fine I would just leave the bit out about the section for complete accuracy.

They should not be harassing you anyway and there is other legislation which you can pursue them under.

If you are in ill health it may be worth mentioning this also, guidelines identify these as a vulnerable group and DCA are supposed to take care when dealing with them. The main point is the statute barred issue, once yo have advised them of this they have to prove that the debt is not statute barred, it is not for you to show that it is, collection activity should cease until/unless they can provide evidence that the debt is still collectible,

**Amethyst** · 10th May 2014, 20:23:PM

Re: Lowell 75% discount and phone calls again...

Agree, leave out

:..... " Continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970. "

Thanks Andy58

**tiredandweary** · 10th May 2014, 20:34:PM

Re: Lowell 75% discount and phone calls again...

Thank you for that andy58,
I have on going, long term MH problems, all documented with my Doctor. I suppose this is why they can stress me out so easily.

I will post up a draft letter over the next couple of days for you, Amethyst and others to have a look at. When any amendments have been agreed, I will send it to them. (recorded delivery).
Many thanks for your help and advice

T&W xx

**tiredandweary** · 10th May 2014, 20:36:PM

Re: Lowell 75% discount and phone calls again...

Thank you Amethyst

Your reply came as I was still replying to andy58 lol.
T&W xx

**mystery1** · 10th May 2014, 21:23:PM

Re: Lowell 75% discount and phone calls again...

http://www.bailii.org/ew/cases/EWCA/Civ/2013/882.html

http://www.bailii.org/ew/cases/EWCA/Civ/2009/46.html

http://www.bailii.org/ew/cases/EWCA/Civ/2013/982.html

M1

Lowell 75% discount and phone calls again...

Lowell 75% discount and phone calls again...

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Announcement

Court Claim ?