Letter from Lowell Portfolio ltd..help pls

akme · 29 November 2007 at 4:56PM

Hi there, This is my first Debt collections letter that i have ever recieved.
They are saying i owe £400 from a debt with TSB
They have an address on the letter which i lived at about 5 years ago.
I closed my TSB bank account 5 years ago and opened a new account with abbey in april 2003.
I have never had any letters from tsb or debt collectors regarding this alleged debt.

Would tsb have let me close my account if i owed them money?
If my account is closed..can they then somehow make me overdrawn and start putting on charges?
Im just trying to figure out how i owe this money
I have tried getting in contact with tsb but they cant give me any info..they couldnt even tell me when i closed my account

If i can make it to april then this should be statute barred right?

(edit) i have also just checked my credit on creditexpert.co.uk and there is nothing standing against me or nothing regarding lowell on there

Phaelok · 29 November 2007 at 5:02PM

akme wrote: »

Hi there, This is my first Debt collections letter that i have ever recieved.
They are saying i owe £400 from a debt with TSB
They have an address on the letter which i lived at about 5 years ago.
I closed my TSB bank account 5 years ago and opened a new account with abbey in april 2003.
I have never had any letters from tsb or debt collectors regarding this alleged debt.

Would tsb have let me close my account if i owed them money?
If my account is closed..can they then somehow make me overdrawn and start putting on charges?
Im just trying to figure out how i owe this money
I have tried getting in contact with tsb but they cant give me any info..they couldnt even tell me when i closed my account

If i can make it to april then this should be statute barred right?

Firstly you need to insure that the so called 'debt' is registered in your name, and not someone else who may have lived at your previous address. If the debt is yours, that the account would not/cannot be closed until the debt outstanding is repaid in full. Generally speaking charges do continue to accumulate depending on various factors, i.e. if you are overdrawn, issuing default letters at a cost of £30+ each time and so forth.

I would strongly suggest that you write a letter of complaint to Lloyds TSB, enclosing a copy of the letter in question. By law banks keep statements for up to 7 years.

Hope this helps

akme · 29 November 2007 at 5:10PM

Thanks for the advice
I do know that the address they have listed on this letter was known for letting any old scum rent a room there.
Had lots of letters go missing and even bank cards etc. So that is really my main hope that its not mine..but im going to have to prove that i guess.

Phaelok · 29 November 2007 at 5:14PM

akme wrote: »

Thanks for the advice
I do know that the address they have listed on this letter was known for letting any old scum rent a room there.
Had lots of letters go missing and even bank cards etc. So that is really my main hope that its not mine..but im going to have to prove that i guess.

What might be worth your while is to check your credit file to see if the bank in question has 'registered' anything against you. Generally speaking they would do after such a long period of time and an outstanding debt.

Its just rather bizarre its taken them this long to send you this letter

akme · 29 November 2007 at 5:21PM

Yeah checked my credit file and theres nothing on there from tsb at all..goes right back to 2002.

Yeah very bizarre. Its not like i have been living under a rock.
I have been on the election roll at each of the houses that i had a morgage for in my name

itsnever2lateisit? · 29 November 2007 at 5:35PM

akme wrote: »

Thanks for the advice
I do know that the address they have listed on this letter was known for letting any old scum rent a room there.
Had lots of letters go missing and even bank cards etc. So that is really my main hope that its not mine..but im going to have to prove that i guess.

Other way round:j Lowell HAVE to prove its your debt. But you have to ask them to do so. There are some template letters around (I will hunt one out in a mo)
What you have to do is send them a POSTAL ORDER for £1 being the statutory fee under Data Protection Act for requesting the info. You must state in the letter the following

You do not acknowledge the debt
The £1 is the fee and not a repayment of the debt
That you require a true copy of the signed agreement
Statements
A true copy of the deed of assignment to them that they are legally entitled to collect.
They are requirements under the Consumer Credit Act, and if they cannot provide it, then they cannot pursue you any further. Having said that there may not be a signed agreement if it is an overdraft

GeorgeUK · 29 November 2007 at 5:36PM

Ask the company for a copy of the CCA.
If they can't provide that then you shouldn't have any problems (unless it was for an overdraft). There are some templates on the board.

If you are in Scotland, the debt may also be statute barred (5 years). In England it's 6 years.

itsnever2lateisit? · 29 November 2007 at 5:41PM

With thanks to RAS for this

Dear Sirs

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

akme · 29 November 2007 at 5:54PM

I was about 16 when i opened the account so no overdraft was offered..infact that was one reason why i left them.
Thanks for the template
I will get to work on a letter now

akme · 17 December 2007 at 11:06AM

********UPDATE********

After sending them the letter and postal order i recieved a letter back from "red" something or other.
This was dated the 6th of dec.
They have 12 days to get back to me right?
Is that 12 working days or just days?
If they dont get back to me within the 12 days then there in default?
Should i then just ignore anything i get or should i write them another letter explaining that they are in default and i look forward to not recieving any more letters and would like a letter to confirm that the matter is now closed?

itsnever2lateisit? · 17 December 2007 at 11:30AM

akme wrote: »

********UPDATE********

After sending them the letter and postal order i recieved a letter back from "red" something or other.
This was dated the 6th of dec.
They have 12 days to get back to me right?
Is that 12 working days or just days?
If they dont get back to me within the 12 days then there in default?
Should i then just ignore anything i get or should i write them another letter explaining that they are in default and i look forward to not recieving any more letters and would like a letter to confirm that the matter is now closed?

Red debt/Lowell are one of the same. If you have sent them the letter requesting the CCA then they have 12(working) days + 2 days (for post) to provide it, until then the 'debt' is in dispute and they cannot enforce it in law. What did the letter from Red say?

Letter from Lowell Portfolio ltd..help pls

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