Debt from nearly 6 years ago (Scotland) - Lowell Pre-legal Asessment Letter

[McKay]

Hi there,

Would one of you kind souls help me?

I had a bank overdraft that remained unpaid unfortunately, and it has now caught up with me - £1580.

According to my Experian report, the default date is 1 April 2009. I have not acknowledged the debt at all and have not been in contact with that bank since at least late 2008.

I have now had a letter from Lowell (a Pre-Legal Assessment Letter) that states:

"...as you have not paid we have obtained information about you and your current financial circumstances from a credit reference agency to help us determine whether we should take legal action against you.

From this information we beleive you are working, have other credit products and that using the Sherrif Court is a realistic option for us to recover the money you owe.......

......we genuinely want to avoid taking legal action....."

What should I do? I'm a little worried.

Any insight would be greatly appreciated.

Many thanks

[nemesis45]

Re: Debt from nearly 6 years ago (Scotland) - Lowell Pre-legal Asessment Letter

Hi Welcome,

If your dates are right the debt became statute barred and extinguished under Scottish Law.

Limitation period is 5 years.

So;

Dear Lowlife,

I refer to your letter dated xx/xxxx I regarding an alleged debt £xxxx.xx arising from an account with xxxxxx.

Please take note the alleged debt is Statute Barred under Scottish law and extinguished , therefore I will not make any payment or offer of payment now or in the future.

Lowell will immediately remove all data relating to me from its records and confirm in writing that it has done so.

Use signed for post, check receipt.

Address letter to Ms Sara de Tute, Director of Legal and Compliance
The Lowell Group
Ellington House
9 Savannah Way
Leeds Valley Park
Leeds
LS10 1AB

Hope this helps.

nem

[McKay]

Re: Debt from nearly 6 years ago (Scotland) - Lowell Pre-legal Asessment Letter

Hi Nem!

Thank you so so much for getting back to me!

So as easy as that, I should just send a letter with what you said? That's amazing!

Do you think they may try and argue their way out of it?

Thanks again

[Kati]

Re: Debt from nearly 6 years ago (Scotland) - Lowell Pre-legal Asessment Letter

If it's statute barred, they can't enforce it :tinysmile_twink_t2:
They might try and 'find' a payment from within the last 5 years (to show it's not SB) but you can always argue against that :tinysmile_grin_t:

Have you thought about sending a SAR request to the original creditor (costs £10) ... that should give you all the information/documentation you would need regarding payments etc... although the bank will have 40 days to comply after accepting the request.

[nemesis45]

Re: Debt from nearly 6 years ago (Scotland) - Lowell Pre-legal Asessment Letter

As Kati says they may try to argue, but from experience I would make a guess that the Lowlife desk jockey/ threatogram operator has no clue about Scottish Limitations Law.

nem

[McKay]

Re: Debt from nearly 6 years ago (Scotland) - Lowell Pre-legal Asessment Letter

Thank you so much Kati!

I think I will just send them the letter and get it over and done with! Although I shall definitely bear in mind re writing to the original creditors if they continue to pursue the debt.

Many thanks again for your reply :tinysmile_twink_t2:

[McKay]

Re: Debt from nearly 6 years ago (Scotland) - Lowell Pre-legal Asessment Letter

Well here's hoping Nem. :tinysmile_twink_t2: I shall write to them tomorrow as you suggest and shall let you know how I get on.

[nemesis45]

Re: Debt from nearly 6 years ago (Scotland) - Lowell Pre-legal Asessment Letter

Happy to help!!

Good :tinysmile_grin_t:Luck!!

nem