Lowell chasing statue barred debt

[missemzybooboo]

Hi guys
I'm in need of some help and advice with regards to Lowell Group.
Lowell sent me a letter stating that I owe £270. This debt is statue barred. It is not on my credit file and I have not acknowledged it or responding to the various changes in ownership of the debt. Lowell have threatened to apply a CCJ if the debt is not paid.
I sent them a letter advising the debt is statue barred without acknowledging ownership of the debt. (I found a template on the stepchange charity website) .
They have since written back to me to say the debt is not statue barred as on the 16th December 2011 £5.00 was paid via stepchange debt charity and therfore the debt is not statue barred and legally enforceable. In addition to this they have said they hold accounts in my name for two other debts also. (These debt are not on my credit file).
So my question is how to proceed now. Is the fact that they have said a payment was made in 2011 'proof' or can I go down the road of asking them to prove it and provide further documentation. I was on a debt management plan however I am positive it ended well before 2011. I am unsure of what route to take next. Can anyone offer any guidance in relation to these dispiccacble organisation?
Thanks
Emma

[judgemental24]

Re: Lowell chasing statue barred debt

Lowell always say a phantom payment has been made, that is nothing new

If stepchange made a payment in 2011 it cannot be statute barred

[Kati]

Re: Lowell chasing statue barred debt

Can you find out from your bank statements when you last paid stepchange (online maybe)? Or ask stepchange when your DMP ended?

[missemzybooboo]

Re: Lowell chasing statue barred debt

I tried contacting stepchange however they are closed on the weekend so I'll have to wait till Monday now to know for certain wether this payment was made. If the payment was made, how do you advise to proceed? Do they still need to prove it by providing me some written evidence of the payment as like u say they could just be hedging their bets?
Thanks

[Kati]

Re: Lowell chasing statue barred debt

you shouldn't have been able to end a DMP with outstanding debts :noidea:

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[MENTION=48934]Debt Camel[/MENTION]?

[missemzybooboo]

Re: Lowell chasing statue barred debt

Yes I plan to call stepchange to find out when my DMP ended. Can't get through until Monday now though.

[judgemental24]

Re: Lowell chasing statue barred debt

Send this to Scowell by recorded delivery

The Compliance Manager
Lowell Group.

Ref: as on their letter.


Dear Curr,


I am in receipt of your letter dated xx xx xxxx in which Lowell allege that I made a payment of £5.00 to a debt originally owed to xxxxx xxxxx , please note I do not acknowledge any debt to Lowell and refute the claim that any such payment was made by me.

Having now had the opportunity to research the Lowell Group and its' dealing with statute barred debt I find that it is not unusual for Lowell to allege that a ''payment'' has been made at some convenient point, I have also note that in a numerous case no unequivocal proof has been provided as to the origins of the alleged payments in view of this I must insist that Lowell provides unequivocal proof of:

1. The method of payment ie: Cheque, Postal Order, Bank Transfer, Debit/Credit Card Cash.
2. If a cheque payment was made Lowell MUST provide the name of the drawer, the name of the bank on which the cheque was drawn, the sort code of the bank, the cheque number, the account number, and nothing less is acceptable.
3. If a Bank Transfer was made detail as 2. Above must be provided.
4. If a postal order was used Lowell must provide the number of the order, the ID of the post office issuing the order, the signature on the order (if signed) the date the order was cashed.
5.If a debit or credit card payment was made Lowell must provide; The Name on the face of the card, the 16 digit card number, the 3 digit security number, the issuing bank ID, the type of card i.e.: Visa debit, Visa Credit, Master Card or other issuer.
6. If Lowell allege a cash payment was made to whom was the payment made.

I state formally that the alleged debt is statute barred and I will not be paying at any time.

You are reminded that the onus of unequivocal proof that the alleged debt is not statute barred lies entirely with Lowell, vague claims of alleged payments will not be accepted, and continued contact from Lowell will be treated as harassment and suitable action WILL be taken.

[missemzybooboo]

Re: Lowell chasing statue barred debt

Thank you I will send the above letter via recorded delivery tomorrow and let you know the outcome. Is there a time limit I should include for them to prove the above?

[judgemental24]

Re: Lowell chasing statue barred debt

But see what stepchange say first on monday before sending that letter

All collection activity should stop until they give a full and final response if you do send it

[missemzybooboo]

Re: Lowell chasing statue barred debt

Ok will do. I'll find out first before sending the letter. And get back to you for further advice depending on the outcome. Thanks

[nemesis45]

Re: Lowell chasing statue barred debt

Hi guys
I'm in need of some help and advice with regards to Lowell Group.
Lowell sent me a letter stating that I owe £270. This debt is statue barred. It is not on my credit file and I have not acknowledged it or responding to the various changes in ownership of the debt. Lowell have threatened to apply a CCJ if the debt is not paid.
I sent them a letter advising the debt is statue barred without acknowledging ownership of the debt. (I found a template on the stepchange charity website) .
They have since written back to me to say the debt is not statue barred as on the 16th December 2011 £5.00 was paid via stepchange debt charity and therfore the debt is not statue barred and legally enforceable. In addition to this they have said they hold accounts in my name for two other debts also. (These debt are not on my credit file).
So my question is how to proceed now. Is the fact that they have said a payment was made in 2011 'proof' or can I go down the road of asking them to prove it and provide further documentation. I was on a debt management plan however I am positive it ended well before 2011. I am unsure of what route to take next. Can anyone offer any guidance in relation to these dispiccacble organisation?
Thanks
Emma

Good morning Emma,

Any payment from whatever source a anytime during the relevant 6 year period resets the clock for the purpose of limitatation.

As to Credit Reference Files, all defaulted debts are removed from credit files on the 6th anniversary of the default date paid or not.
This does not mean the debt is Statute Barred.

Yes you can challenge Lowell to prove the payment.
I would suggest contacting CCCS ( was step change) to see what records it hold (if any) on this debt.
nem

[missemzybooboo]

Re: Lowell chasing statue barred debt

Thanks nem
I will be contacting step change tomorrow to see if the payment lowell allege is in fact true . I'll let you know how it goes.

[nemesis45]

Re: Lowell chasing statue barred debt

Thanks nem
I will be contacting step change tomorrow to see if the payment lowell allege is in fact true . I'll let you know how it goes.

OK good luck!!

nem

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Thanks nem
I will be contacting step change tomorrow to see if the payment lowell allege is in fact true . I'll let you know how it goes.

OK good luck!!

nem

[Amethyst]

Re: Lowell chasing statue barred debt

When I was with Stepchange I found they fell down in some areas, they reduced the amount of debt by the amount I was paying each month on their statement, however not all companies had stopped adding interest to the accounts and it just wasn't accounted for by Stepchange. Therefore when Stepchange decided it was complete and everything was at 0, there actually was a fair whack outstanding. They should (in my opinion) get letters from each of the firms confirming the debts have been settled before ending the DMP.

[Debt Camel]

Re: Lowell chasing statue barred debt

This debt is statue barred. It is not on my credit file

The fact that it is not on your credit file is not relevant. It can be statute barred and still appear on your file or not statute barred and have disappeared from your file.

I have not acknowledged it or responding to the various changes in ownership of the debt.

So this letter from Lowell's is not yhe first you have had about the debt?

They have since written back to me to say the debt is not statue barred as on the 16th December 2011 £5.00 was paid via stepchange debt charity and therefore the debt is not statue barred and legally enforceable.

Well it is going to be easy to prove or disprove this one. No question of you arguing v Lowells. Ask Stepchange on Monday when they last made a payment to this debt and if it before Dec 2011 ask them to send you a letter on headed paper confirming this.

But if SC did pay them at that date, then this debt isn't statute barred.

In addition to this they have said they hold accounts in my name for two other debts also. (These debt are not on my credit file).

I suggest you ask Lowell's for details of these as you are not aware that you have any outstanding debts. Again the fact they do not appear on your credit file doesn't help at all, it is irrelevant.

I was on a debt management plan however I am positive it ended well before 2011.

SC will be able to confirm when they last made a payment.