Reply from Lowell regarding statuate barred letter

[McKay]

Re: Reply from Lowell regarding statuate barred letter

Thanks Nem,

I think that as on the latest letter it states - please respond by 2 March, I'm worried that if my letter is not taken seriously / binned (like the one I sent to Sara) I'm going to find myself with a letter to court / ccj etc. I want to apply for a mortgage next year and that will ruin my chances.

Ill send it to Andrew as you suggest and hope they get back to me. Do you know if he is at the Leeds address?

Thanks once again

[Nibbler]

Re: Reply from Lowell regarding statuate barred letter

To be the honest, the one I've see get quickest results is the complaintsresolution email address, but I would always send by registered post as well.

Seen Lowell admit defeat due to letters sent to their normal address plenty of times as well.

In the end if they ignore it then you can still go to the FOS, report them to the FCA, and defend any court action, but I understand the desire to put an end to it sooner than that.

[nemesis45]

Re: Reply from Lowell regarding statuate barred letter

You can cover yourself by using e-mail and post.

nem

[Nibbler]

Re: Reply from Lowell regarding statuate barred letter

Yes that is why I often suggest that. email can often get a quicker result, but if it doesn't you have the back up of the one sent by registered post.

Belt and braces so to speak, should it come to taking the complaint forward to the authorities.

[McKay]

Re: Reply from Lowell regarding statuate barred letter

Thanks Nem!

I can't seem to locate a complaints resolution email address for them - I can only find post@lowellgroup.co.uk and the complaints page on their website only has a phone number to call - Id obviously prefer to write than talk

Do you perhaps have the address?

[McKay]

Re: Reply from Lowell regarding statuate barred letter

To be the honest, the one I've see get quickest results is the complaintsresolution email address, but I would always send by registered post as well.

Seen Lowell admit defeat due to letters sent to their normal address plenty of times as well.

In the end if they ignore it then you can still go to the FOS, report them to the FCA, and defend any court action, but I understand the desire to put an end to it sooner than that.

Thanks Nem!

I can't seem to locate a complaints resolution email address for them - I can only find post@lowellgroup.co.uk and the complaints page on their website only has a phone number to call - Id obviously prefer to write than talk

Do you perhaps have the address?

[Nibbler]

Re: Reply from Lowell regarding statuate barred letter

It is or at least was: ComplaintsResolution@LowellGroup.co.uk

[McKay]

Re: Reply from Lowell regarding statuate barred letter

It is or at least was: ComplaintsResolution@LowellGroup.co.uk

UPDATE!

Hi there,

Thanks once again for everyone's input on this. I wanted to give you a quick update. Yesterday (Monday 23 February 2015) I sent a letter using the template you gave me earlier in the thread (recorded delivery) to Andrew Bartle (COO of Lowell). I also sent an email to the address ComplaintsResolution@LowellGroup.co.uk as you suggested.

I have today received a reply to the email which reads as follows:

"Thank you for your email dated 2/23/2015

Please note, this is an automated response.

If this is the first time you have contacted us by email, please reply to this message with the following security details:

Your Lowell Ref Number
Full Name
Address and Postcode
Date of Birth

Once we have this information, our team member can respond to you with an answer your query.

If we have corresponded with you by email previously, there is no need to reply to this automated message and we will email you with a response to your query shortly.

We aim to respond to your email within 4 Working days but, If we are very busy, it may take a little longer.

If you would like to speak to a member of our team, call us on 0844 844 4716.

Alternatively, you may find an answer to your question on our website www.lowell.co.uk where you also have the option to set up an affordable payment plan or make a one-off payment on your account.

Office hours
Monday to Thursday 08:00 to 20:00
Friday 08:00 to 19:00
Saturday 08:00 to 14:00"

Now, without seeming paranoid, I have never spoken with Lowell (ever) so in my mind, why would they need my date of birth?

What do you think I should do? Should I reply and if so, what should I say? Or, should I leave it and await to see if my letter has any outcome?

As ever, thanks for your time

[Nibbler]

Re: Reply from Lowell regarding statuate barred letter

If you don't want to give details then I would just reply stating that

- your complaint remains valid,
- that it does not require those details for them to investigate the fact that the referenced account is statute barred and legally extinguished.
- If they want to reply ensuring that it goes to the correct person then they are free to respond in writing.
- the clock is ticking and you will be taking the matter to the FOS etc 8 weeks from your original complaint.

Honestly, surprised that email still works, and is was only suggested as a possible way to get a quicker resolution than writing.

The main avenue reamins your written posted complaint, so would not get too hung up on response to emails if they are going to be awkward.

[McKay]

Re: Reply from Lowell regarding statuate barred letter

Hi Nibbler,

Thanks for that.

I replied using the points you suggested above (still no word back as yet but I only replied yesterday).

Also, I have checked to see if the recorded delivery letter I posted at the start of the week has arrived - and it hasn't for some reason! According to Royal Mail, the item is still being processed for delivery - typical!

Im now quite worried that Lowell said I have till 2 March to get in touch with them and if I don't they will proceed to legal matters. If they've not got my letter and are not willing to look at my complaint by email, I feel I'm screwed!

What should I do? I'm assuming it's too early to go to the FOS just now?

Thanks again!

[Nibbler]

Re: Reply from Lowell regarding statuate barred letter

Have you also asked the FOS to write to them?

http://www.financial-ombudsman.org.u...complaints.htm

If you’d like us to contact them for you, just get in touch.

It may have been delivered. Royal mail tracking is dodgy at best. Just keep proof of postage.

In the end if the fools do go legal, the defence of it being statute barred and no longer legally owed under Scottish law is there to use.

[McKay]

Re: Reply from Lowell regarding statuate barred letter

Thanks Nibbler.

Ive not asked the FOS at the moment as I thought I needed to wait until the 8 weeks are up? Should I ask them to contact Lowell just now or wait to see if they do reply?

Do you know that I f this does end up going through court I will go on my credit report? I want to apply for a mortgage next year and would hate to think my chances are ruined because of this?

[Nibbler]

Re: Reply from Lowell regarding statuate barred letter

You have to wait the 8 weeks from your initial complaint before you can make a formal one through the FOS, unless Lowells give you a final response.

I would give the FOS a ring to see if they either:

- Are willing to treat the replies you have had so far as a final response.

or

- While waiting for a final one or the 8 weeks to elapse, they can write with your complaint as explained in that link.

You may just have to wait, but if you can get some communication going from the FOS on some level now then it may well make Lowells suddenly sit up and take notice.

[nemesis45]

Re: Reply from Lowell regarding statuate barred letter

To whom was the "Statute Barred" letter sent? When did Lowell receive it?
Unfortunately communications between the various " departments" of Lowell is negligible and many of the letters are automated templates.
Also Lowell have been known to not reply to SB letters and just disappear.

As Lowell have set an arbitrary time limit at 2nd March 2015 I think you should send a "polite" reminder that the debt is statute barred and no payment will be made.
Also point out that Lowell must provide " Unequivocal" proof that the debt is not statute barred, you are not obliged to prove it is.
Address this to Sara de Tute, Legal Counsel the Lowell Group.

nem

[McKay]

Re: Reply from Lowell regarding statuate barred letter

Hi Nibbler and all,

thought I'd give you a quick update on this.

I received an email from Lowell on 3 March that said they were now looking into my complaint and as such, all collections have been temporarily suspended pending investigations.

They also said that if I don't reply to their email with my date of birth and address, they would issue their response by letter to the address they have for me.

I've worked out that 8 weeks have now passed since I sent my original complaint and I have not heard anything - should I now lodge a complaint with the FOS or wait longer to see if they get back to me?

Thanks again as always