Reply from Lowell regarding statuate barred letter

[capricorn1601]

Re: Reply from Lowell regarding statuate barred letter

Sorry to ask this but can anyone give me a clear answer. When does an account become statute barred for a credit card debt? Is if from the date of the LAST contractual payment, or the date of the FIRST Missed contractual payment (monthly) before a default notice is served. I had always been told the former but now not so sure

Thanks, and sorry once again for hijacking

[nemesis45]

Re: Reply from Lowell regarding statuate barred letter

No problem the SB clock starts on the date a contractual payment was due an not made. after which no further payments or written acknowledgment of the debt was made.......

nem

[McKay]

Re: Reply from Lowell regarding statuate barred letter

Hello Nem and all,

i have yet another update for you in the never ending saga regarding Lowell.

i have today received yet another letter from them with big bold letters "you must read this". They are now saying that they are still offering 40% off the total cost to clear the debt and if I don't they will proceed to take legal action.

There has been no mention at all of the letter I sent a few weeks ago nor have I had any kind of response.

What should I do?

Do you perhaps know of a letter temate I could use to send to them along the lines of "I've written to you on x date (proof of postage is x) etc etc leave me alone or I'll report you to the fca"? Or better yet, do you perhaps know of a letter I could send the FCA?

Again, thanks for your replies!

[Nibbler]

Re: Reply from Lowell regarding statuate barred letter

If you want to write back then you need to point out that they are:

- 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

CONC 7.15.3 - 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.

CONC 7.15.7 - 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.

CONC 7.15.8 - 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.

CONC 7.15.6 - A firm must endeavour to ensure that it does not mislead a customer as to the customer's rights and obligations.


Make it a formal complaint saying you will be reporting them to the FCA and taking them to the FOS.

Dear Sirs

Complaint

On [date] I wrote to you regarding the account with the above reference number, for which you claim I owe.

I pointed out that I that account is statute barred under Scottish law and as such any liability is legally extinguished.

Despite this, you have continued to write [and phone] and make demands for payment.

I wish to complain that you have breached the following sections of the FCA's Debt Collection Rules (2014):

[copy and paste the sections from above]

This has caused me considerable distress and I consider it appropriate that you compensate me for this.

In case you are unaware of the rules of that you are required to follow, I have been told that they are as follows:

On receipt of this complaint, which will be deemed to have occurred two working days after it was posted, you must promptly acknowledge it, in writing, and provide me with a written copy of your Complaints Procedure.

You must keep me updated with the progress of your investigation of my complaint.

Once the complaint has been investigated you must issue me with your final response, explaining your findings and including any proposal you may wish to make in order to put things right. Your final response must tell me if I may take my complaint to the Financial Ombudsman Service and how long I have to do so.

If you are unable to provide me with a response within eight weeks of my original letter dated {date} you must write to me to explain why, confirm that I can then ask the Financial Ombudsman Service to consider my complaint and provide me with a copy of its leaflet.

I look forward to hearing your proposals.

Yours faithfully

[McKay]

Re: Reply from Lowell regarding statuate barred letter

Fantastic!

Thank you so so much for that!

I'll send it off tomorrow - recorded delivery.

Should I send it to a particular address? The last letter I sent was to a Ms Sara.(can't remember her surname) but there's been no reply from that address

[Nibbler]

Re: Reply from Lowell regarding statuate barred letter

Probably their normal one then?

May also be worth sending by email in addition to via post, to ComplaintsResolution@LowellGroup.co.uk if that is still valid. That can sometimes get a response quicker.

[nemesis45]

Re: Reply from Lowell regarding statuate barred letter

Address the Complaint to Ms Sara de Tute Legal Counsel at the Lowell group.

[Nibbler]

Re: Reply from Lowell regarding statuate barred letter

I've found that things sent to her tend to get ignored with no response, wherever she works, but others may well have had better luck.

Title of Legal Council is a joke, but so was head of compliance, not to mention presisdent of the CSA.

[nemesis45]

Re: Reply from Lowell regarding statuate barred letter

The Alternative is Andrew Bartle now CEO.

nem,

[McKay]

Re: Reply from Lowell regarding statuate barred letter

Thanks very much.

one more question before I send it off, should I state at the top of the letter "I do not acknowledge this debt"

[McKay]

Re: Reply from Lowell regarding statuate barred letter

The Alternative is Andrew Bartle now CEO.

nem,

Do do you think I should just send it to their customer service/head office address in the hope that someone will open it and take action it - I'd hate to think the CEO might just throw it out

[MIKE770]

Re: Reply from Lowell regarding statuate barred letter

CEO of Lowells is james.cornell@lowellgroup.co.uk

[MIKE770]

Re: Reply from Lowell regarding statuate barred letter

Lowell (Interlaken Group, Fredrickson International, SRJ Debt Recovery, Bryan Carter Solicitors, Lowell Financial)	✉ Mr James Cornell, Chief Executive	www	Debt collector
LPP (Local Permit Parking)

[nemesis45]

Re: Reply from Lowell regarding statuate barred letter

Do do you think I should just send it to their customer service/head office address in the hope that someone will open it and take action it - I'd hate to think the CEO might just throw it out

Try Andrew Bartle ex head of collections now COO of the group.

Lowells " customer service" has a company script and no authority.

nem

[MIKE770]

Re: Reply from Lowell regarding statuate barred letter

Nem - put a !D! in pot next time