Reply from Lowell regarding statuate barred letter

[McKay]

Hi there,

i was was curious to find out if anyone has ever sent a letter to Lowells telling them the debt they are chasing is now statuate barred and what their response was.

I sent a letter last week and am waiting for a reply but I'm a wee bit anxious if they say something like "due to your letter this is classed as you admitting the debt" (even though I stipulated in my letter "I do not acknowledge any debt with you.......".

anyway I was curious to see what responses people have had and perhaps how best to deal with it should I get a response that's not good.

thanks for reading

[nemesis45]

Re: Reply from Lowell regarding statuate barred letter

Hi welcome,
I must have dealt with hundreds of cases of Lowell chasing SB debts over the years.
Lowell will go on a hunt for alleged one off payments during the 6 year period.
Your letter is not an admission IF you made no unequivocal admission of liability
and the debt is definitely SB. So it looks like you are OK on that front.

SB in England & Wales = No payment or unequivocal written acknowledgment in 6 clear years (5 in Scotland)
No County Court Claim started in the six year period.
Lowell will usually confirm the debt is SB and they have closed the file.

I would expect a reply in 10-14 days.

nem

[McKay]

Re: Reply from Lowell regarding statuate barred letter

Thank you for your reply.

I'll see what their reply is and take it from there.

Here's hoping all will be fine and I'm just worrying over nothing :tinysmile_twink_t2:

Thanks again

[nemesis45]

Re: Reply from Lowell regarding statuate barred letter

Happy to help.

Good Luck

[Nibbler]

Re: Reply from Lowell regarding statuate barred letter

Was that a reply to this? http://www.legalbeagles.info/forums/...371#post510371

Even if it was an acknowledgement, which it was not, then the debt is already extinguished under Scottish law, meaning legally you are no longer liable for it and it cannot be revived no matter what you should do.

Seems not even addressing a letter to Lowells head of compliance results in a reply from anyone with 2 or more brain cells.

[McKay]

Re: Reply from Lowell regarding statuate barred letter

Hi again Nem,

I've just had a phone call from Lowell - obviously I didnt answer.

In your experience is that normal for them to keep trying to get in touch after I have sent my statuate barred letter?

thanks again

[nemesis45]

Re: Reply from Lowell regarding statuate barred letter

Yes some oik is probably waiting to tell you that even if the debt is stat barred morally you should pay up!!
Also remember that those in different departments of Lowell have no idea what anyone else is doing.

nem

[McKay]

Re: Reply from Lowell regarding statuate barred letter

Hi Nem, hope you are well.

I wanted to update you with regards to this and wondered if I could trouble you again for your advice.

I sent a statute barred letter to Lowell as you instructed (recorded delivery) and today received a reply from them.

Their letter has no mention at all regarding my letter sent. Instead, they are offering for me to take advantage of a 40% discount off the debt and that they "can only help me if I get in contact with them". They are also talking about that "if this goes to court, you will have to pay solicitor's fees etc".

Any advice on what I should do? I'm feeling a little anxious.

As always, thank you very much

[Kati]

Re: Reply from Lowell regarding statuate barred letter

If you sent the SB letter recorded post, you'll have proof it was delivered ... personally I'd tell 'em to stuff it (but [MENTION=55034]nemesis45[/MENTION] will have a better ideaa of the technicalities :nod

[nemesis45]

Re: Reply from Lowell regarding statuate barred letter

Hello McKay.

Bear in mind we are dealing with Lowlife here where no one actually communicates anything to anyone else, the " dodgy discount desk" does not communicate with the " Duff Debt Desk" even if they are next to each other!!:tinysmile_kiss_t4:

The letter is designed to make you think they really care about you " Bowlocks" as usual!
With Lowell 2-3 weeks for " investigating" the SB whilst look for a mystery £ 1 payment 3 years ago.
Lowell have been known just to never communicate again after the SB letter is received.

If nothing heard by middle of next week we can send a reminder, so don't worry!

nem

[Nibbler]

Re: Reply from Lowell regarding statuate barred letter

When Lowell start sending letters like that it's very clear they know they are well and truly stuffed.

If me I would report them to the FCA for

- continuing to chase a statute barred and legally extinguished debt after being told you won't be paying.
- making threats of legal action on a statute barred extinguished, so non-existent, debt.
- any other of the ones below.

Contrary to FCA rules.

http://fshandbook.info/FS/html/FCA/CONC/7/15

In Scotland, a statute barred debt ceases to exist and is no longer recoverable if ( 1) a relevant claim on behalf of the lender or owner has not been made during the relevant limitation period; and
(2) the debt has not been acknowledged by, or on behalf of, the customer during the relevant limitation period.

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.

A firm must endeavour to ensure that it does not mislead a customer as to the customer's rights and obligations.

It is misleading for a firm to suggest or state that a customer may be the subject of court action for the sum of the statute barred debt when the firm knows, or reasonably ought to know, that the relevant limitation period has expired.

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.

[McKay]

Re: Reply from Lowell regarding statuate barred letter

Thanks Nem.

I shall keep you posted.

:tinysmile_twink_t2:

[McKay]

Re: Reply from Lowell regarding statuate barred letter

Thanks very much!

i shall definitely bear this in mind of they keep writing to me.

[McKay]

Re: Reply from Lowell regarding statuate barred letter

Thanks Nem,

i shall all keep you posted :tinysmile_twink_t2:

[nemesis45]

Re: Reply from Lowell regarding statuate barred letter

Thanks Nem.

I shall keep you posted.

:tinysmile_twink_t2:

Happy to help!!