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lowells trying to collect an over 6 year debt

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i had a letter informing me that capital one cards have sold my debt onto them which was for 498 pounds and 87 pence. Only thing is, this debt is from over 6 years ago. I googled this and came up with a staute barred letter from another site. I printed this off and sent it recorded delivery.
This morning i received a letter from Red Debt Collection Services saying:
We would inform you that we have been appointed duly authorised collection agent for Lowell Portfolio Ltd and instructed to recover the outstanding monies due to our client.
As you have Failed to settle your outstanding balance or enter into a repayment plan our client has now instructed us to collect the outstanding monies that you owe.You can either, pay the balance in full or arrange with us a monthly repayment plan.
This debt is not going to go away and ignoring this problem could potentially make your situation worse and we therefore strongly recommend you contact us immediately.

The only problem i have is what do i do next. I have sent statute barred letter to lowells but do not know what to do next. Hopefully you great people can help


thx pete
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Comments

  • RAS
    RAS Posts: 35,676 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Red is part of Lowell or lowell is part of red, cannot remember which.

    This s a not unusual Lowell trick.

    I have assumed that they have not provided anything that proves the debt was paid or acknowledged in the last 6 years?

    Also, it would help to know exactly what letter you sent.
    If you've have not made a mistake, you've made nothing
  • leedspete_2
    leedspete_2 Posts: 163 Forumite
    Part of the Furniture Combo Breaker
    I sent the statute barred letter to lowells but they haven't replied as of yet http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act#h
    this one
  • RAS
    RAS Posts: 35,676 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Ok - NDL are excellent.

    As i said Lowell have replied, by ignoring your leter and trying it on.

    I would suggest that you write to both addresses reminding of the OFT Guidelines and advising them that you are not making any payment towards this debt. whilst you are about it point out that using multiple agencies to pursue one debt is also contrary to the Guidelines.

    Legally it does still exist, as Red say, but it is unenforceable, so you can tell them where to go. Once they have been told any further attempt should trigger a formal compalint to the OFt and Trading Standards.
    If you've have not made a mistake, you've made nothing
  • leedspete_2
    leedspete_2 Posts: 163 Forumite
    Part of the Furniture Combo Breaker
    Can you point me in the right direction for these letters plz
  • RAS
    RAS Posts: 35,676 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    pete

    i have got to go. Just been stalking fermi as he would have one at his finger-tip. Looks like he has gone for tea!

    Can you come back in a few hours as he is usually on later on Friday evenings. Send him a pm possibly?
    If you've have not made a mistake, you've made nothing
  • leedspete_2
    leedspete_2 Posts: 163 Forumite
    Part of the Furniture Combo Breaker
    ok m8 ill be here
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    leedspete wrote: »
    Can you point me in the right direction for these letters plz

    I'll be back on here in a couple of hours.

    If you haven't had any help with a letter by then, I will try and find one or if necessary write one.

    In the meantime, have a read through the Office Of Fair Trading's guidance on fair practice in Debt Collection.

    Debt collection guidance (July 2003)
    Guidance for debt collectors on how to deal fairly with debtors. Aimed at all consumer credit licence holders and applicants and applies to collection of debt once an account is in default

    Link: Debt collection guidance (pdf 117 kb)

    Just reading through that should give you a good idea of everything Lowell/Red have done wrong.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Forgot. Maybe give National Debtline a ring free on 0808 808 4000. They are open to 9pm tonight.

    They are the people who wrote the factsheet you referred to earlier, and believe me, if you give them a ring they will have heard of Lowells.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • leedspete_2
    leedspete_2 Posts: 163 Forumite
    Part of the Furniture Combo Breaker
    sorry m8 am at work at mo cant ring out so if you have links to letters it would be better plz
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    I will try to find a suitable letter.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
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