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Lowell still hounding after 10 years

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  • Lowell still hounding after 10 years

    I'm seriously contemplating topping myself. Lowell solicitors have just contacted me via text saying to contact lowell solicitors. They persist in chasing a debt that I contacted them instructing it be closed and barred as it's well over 10 years old.Â* Now they are still chasing it. They are also chasing a marbles card which I have never had. Please help.Â*
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  • #2
    Amethyst

    Comment


    • #3
      Send them something like this... just by way of an idea to get the information you need to make an informed decision how to move forward with this.

      Also send
      CCA Request
      with £1 postal order for the Marbles account - print separately but can put in same envelope

      Your name
      Your address
      Your postcode


      DATE


      Lowell Portfolio
      Ellington House,
      9 Savannah Way,
      Leeds, LS10 1AB


      Dear Lowell,

      Your Reference:
      original debt company xxxxxxxx
      original debt company MARBLES

      SUBJECT ACCESS REQUEST / STATUTE BARRED NOTICE / HARRASSMENT

      No debt is acknowledged to your company yet you have contacted me regarding the above accounts which you, Lowell, appear to have been assigned ( although I have received no notification of such assignment )

      Please consider this a subject access request for copies of all data held about me by yourselves pursuant to the Data Protection Act 2018. I expect to receive all such information, by post, before the 16th December 2019.

      With regards to the alleged debt owed to xxxxxxxxxxxxxx, it is my contention that this is time barred. As I am sure you are aware, under the Limitation Act 1980, s.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.”

      No correspondence/payment/acknowledgement of this debt has been made within the last six years and accordingly unless you can provide evidence of payment or written contact from me in the relevant period under s.5 of the Limitation Act 1980, I suggest that you are no longer able to take any court action against me to recover any alleged amount claimed.

      Furthermore, the FCA Consumer Credit Sourcebook (section 7.15) states that "Notwithstanding that a debt may be recoverable, a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." and that ''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.''

      I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.
      Should you believe otherwise you should provide me with evidence of such.

      With regards to the Marbles account, I have never held a Marbles credit card and am at a complete loss as to why you are chasing me for payment of this account. I am enclosing a formal request for a copy of the original credit agreement with this letter, along with a £1 postal order for the statutory payment for such a request. I also ask that you provide the information and documents ( statements, notice of assignment, notice of default or termination etc) on which you rely in contacting me about the account.

      Please cease contacting me by telephone and by text message. I withdraw any perceived permission you believe you have to contact me in any way other than in writing to my address as above and should you continue to do so I will consider making a formal complaint of harassment.

      I look forward to your early reply.

      Kind regards

      xxxxx

      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment

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