Letters from Lowell Financial out of the blue....

[nemesis45]

Re: Letters from Lowell Financial out of the blue....

Statute Barred = 6 clear years without any payment or unequivocal written acknowledgment of a debt, on simple contracts e.g. credit cards/unsecured loans the clock starts ticking from the date a payment was due and not paid after which no further payment or written admission of liability.

If you have never had T mobile account then say so formally, write a formal complaint to Ms Sara de Tute, director of Legal & Compliance at the Lowell Group. Mark is Private & Confidential. Use signed for post.

[snrtasape]

Re: Letters from Lowell Financial out of the blue....

Thank you nemesis45, I will draft that letter straight away and get it posted via recorded tomorrow using previous letters I have seen on several forum pages as a template.
I really appreciate you help,

[snrtasape]

Re: Letters from Lowell Financial out of the blue....

Hi,

I have just drafted the letter below to send recorded tomorrow. Will this suffice or does anybody have any useful pointers

Ms Sara de Tute
Director of Legal & Compliance
The Lowell Group
Ellington House
9 Savannah Square
Leeds Valley Park
Leeds
LS10 1AB


Lowell Reference Numbers xxxxxxxx and xxxxxxxxx

Dear Ms de Tute

I refer you to correspondence from Lowell dated 3 December 2014 bearing Lowell references xxxxxxx & xxxxxxx reference debts owed to T Mobile and J D Williams.

Please note the following point:

I do not acknowledge any debt to the Lowell Group or any company it may claim to represent.

I have never received any correspondence at my previous or current address from these companies until I received your first letters concerning both of the above on 27th November 2014. When I spoke to one of your colleagues he did not know my date of birth which was not a good start and could not confirm accurately who I was.

On receipt of your letter this morning I checked my financial history and your letter confirmed that the T Mobile arrears date back to 6th April 2008. Although I strenuously deny ever having an account / phone / SIM Card from T-Mobile I sought advice from my local Citizens Advice Bureau reference this matter.

They informed me that due to the date of this debt being over 6 years without any payment or unequivocal written acknowledgement of a debt that this should be Statute Barred. Also they stated that because you could not prove my identity on the phone that in accordance with the Consumer Credit Act you are not authorised to chase me for a debt if you are not 100 % sure of my identity and that it is an offence to sell or buy any debt that is Statute Barred. They also stated that the clock starts ticking from the date a payment was due and not paid after which no further payment or written admission of liability was received.

I believe Lowell is in breach of FCA guidance on contacting alleged debtors when it is unsure if it is contacting the correct person, therefore given the information above Lowell will cease All contact with me and remove all data relating to me from its records concerning this T Mobile debt.

With reference to the J D Williams account I can confirm that I have had not had an account with them however due to the details above about my identity and wrong address I believe that an error has been made. I have also never had any correspondence from them.

I am however still awaiting details from you after my request for a copy of the agreement in accordance with section 77-79 of the Consumer Credit Act 1974 together with statements for this J D Williams account

These letters have had a serious affect on my relationship with my partner and he obviously wants this sorted out sooner rather later.

I understand that in the present financial climate it is tough but I am keen to keep my head above the parapet.

Thanking you in advance for a speedy response


Yours faithfully,

[nemesis45]

Re: Letters from Lowell Financial out of the blue....

Good to go!!
Use signed for post.

nem

[snrtasape]

Re: Letters from Lowell Financial out of the blue....

Thank you for your vote of confidence and continued support Nem,....

[nemesis45]

Re: Letters from Lowell Financial out of the blue....

Thank you for your vote of confidence and continued support Nem,....

Always happy to help!
nem.