lowel (again!)

michaelcoop · 17 May 2008 at 7:39PM

recieved a letter or two of lowel for a capital one debt from just about 6 years ago. i did phone at first and made an offer to pay £10 pcm, as this is all i can afford..they refused this so i hung up and called the national debtline who told me that the debt was 6 years old and i need not pay it........i have recently recieved two letters from red debt collections asking for payment of the debt , and they sat they will hand it over to specialist recovery unit... is this applicable? are they just trying it on..... + i do have a ccj that i recieved a few years ago but cant remember if it was for the outstanding capital one account, which by the way due to circumstances at the time i never made a repayment on,it was only £250 in all...... lowel demand £600.. if i did have a ccj would lowel even be dealing with this debt?
any help regarding this would be useful...thanks
+ if a ccj was issued , is there a time limit to how long bailliffs can be appointed to recover debt?
+ do the bailliffs collecters have any obligation to ask for a reasonable payment before removal of goods/ notify you when they would be intending to visit?
lowel have passed it on to sister company......red debt collection services

andan · 17 May 2008 at 8:06PM

Hi michaelcoop, have no advice to offer sorry, don't know about this sort of thing, but just wanted to welcome you to the board and bump this up so that others could see and help you out.

Hope you get an answer soon

michaelcoop · 18 May 2008 at 1:05PM

so if anyone with experience reads this, is it worthwhile asking for a copy of the cca, just read somewhere on here that some pre-2004 debts had no cca, my debt was with capitalone from 2002,has anyone had any experience with capital one and did they sign a cca with them?..........thanks all.

new to this forum so trying to find my way around.

Burlesque_Babe · 18 May 2008 at 1:13PM

OK, a few pointers of advice.

If the debt with Capital One is over 6 years old (ie you haven't had any contact or made payment for over 6 years) you can go down the statute barred route. There are letters on MSE you can use.

You need to find out who the CCJ is with, asap. A CCJ also runs for 6 years and although will drop off, the company can re-apply to the court for it to be-reinstated.

It could well be that with interest and courts fees (if the CCJ is for Capital One) that it has reached £600.

My CCJ was with Capital One for £250 plus interest/late payment fees etc and then the summons costs on top - came to £572. Stupid, I know to end up with a CJ for that amount, but, I was very ill and it just wasn't sorted. Hey ho.

If there are bailiffs involved, they can only attend with regards to the CCJ. If there is no CCJ, then bailiffs can't come and take anything (unless it's Council Tax, and then it's a liability order).

I think you need to either phone the court and ask who the company is who have a CCJ against you to find out one way or the other, or look at your credit file online - there are 30 day free trial available.

Lowell make their money by buying statute barred or almost statute barred debts for pennies and then laying it on thick to get people to pay as much as they can squeeze from them.

michaelcoop · 18 May 2008 at 1:26PM

just remembered, when i said i phoned lowel, they offered to settle the debt at £440, even tho they say its £600. plus at what point does it become a debt as such, ie to run from to get to statute barred, is it from the first missed payment, or does the date run from the accont first becomes active?

Burlesque_Babe · 18 May 2008 at 1:29PM

it is from the last date of payment or the last date of contact between you and the creditor. (6 years in England, 5 if you are in Scotland)

The free trial of your credit file is a good starting point to find out who you owe and what (and when!)

michaelcoop · 18 May 2008 at 1:39PM

when you say last date of contact, is that between both parties? if they sent letters but i never repied to them does that count, the debt was very early 2002,when i failed to make first payment on said card, but they sent letters following this which i never replied to at the time

Burlesque_Babe · 18 May 2008 at 1:42PM

have a read of this thread - should help/

http://forums.moneysavingexpert.com/showthread.html?t=578486

michaelcoop · 18 May 2008 at 2:09PM

cheers , just read it, i think i might be ok, for know with this debt as it seems it may be statute barred, not that its something i'm proud of as such just means i can get on with my life without fretting about stuff i dont need to

smashedbooboo · 19 May 2008 at 12:27AM

Hi honey, am here, ok, if there has been no contact or payment within the last 6 yrs tell them to b***r of. They are trying it on. Although a ccj is still enforcable as far as i am aware. Have you had a copy of your credit report. That will show up how much you owe to to who. Can you get it if not. Do you have the paperwork for CCJ.

smashedbooboo · 19 May 2008 at 12:28AM

And is it six yrs since you last used the card. If it is less then i would think there are charges you could claim back. How much is the CCJ for by the way. This is important to know.

lowel (again!)

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