Advice on dealing with Lowell...
EmmaD0404
Posts: 8 Forumite
Hello all:)
I need a bit of advice on how to deal with Lowell and a debt I know nothing about, really?! Apologies in advance for the long winded story!
Around 2 years ago I had a letter from Lowell demanding payment of £1,154 for a HSBC credit card I took out in 2008 and closed in 2009 with no issue. As far as I was concerned, that card had no debt attached to it, I'd heard nothing from HSBC since it was closed. I checked my credit file and there was an entry from March 2010 saying the card had defaulted...
I was advised to send a "prove it" letter, which I did. For months I heard nothing, then had a copy of the credit agreement from 2008 and no further contact until a few weeks ago.
I've spoken to HSBC about this, and they say they have no statements or anything from my credit card because they don't keep them for that long? So, basically, I've made no acknowledgement or payment on any such debt on this card since 2009 and they have no definitive proof that I have (or that it exists.) Both Citizens Advice and National Debtline advised me to send a letter stating that 1) in no way am I acknowledging this debt and 2) even if it were to exist, it would be statue barred.
This evening I had an email from Lowell saying due to a default not being registered until March 2010, it is not statute barred, so now I'm confused as to whether it is or not and what to do next, really.
Any advice, please?!
I need a bit of advice on how to deal with Lowell and a debt I know nothing about, really?! Apologies in advance for the long winded story!
Around 2 years ago I had a letter from Lowell demanding payment of £1,154 for a HSBC credit card I took out in 2008 and closed in 2009 with no issue. As far as I was concerned, that card had no debt attached to it, I'd heard nothing from HSBC since it was closed. I checked my credit file and there was an entry from March 2010 saying the card had defaulted...
I was advised to send a "prove it" letter, which I did. For months I heard nothing, then had a copy of the credit agreement from 2008 and no further contact until a few weeks ago.
I've spoken to HSBC about this, and they say they have no statements or anything from my credit card because they don't keep them for that long? So, basically, I've made no acknowledgement or payment on any such debt on this card since 2009 and they have no definitive proof that I have (or that it exists.) Both Citizens Advice and National Debtline advised me to send a letter stating that 1) in no way am I acknowledging this debt and 2) even if it were to exist, it would be statue barred.
This evening I had an email from Lowell saying due to a default not being registered until March 2010, it is not statute barred, so now I'm confused as to whether it is or not and what to do next, really.
Any advice, please?!
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So the limitation period doesn't start from when the default is registered?0
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Thought so!
Thanks a lot for your help, I'll forward them that template :beer:0 -
DCA's do this all the time, the statute barred clock starts from the "cause of action (when the limitation period starts running) for simple contract debts, is usually when your agreement says the creditor is able to take court action because you have fallen behind with payments. This is normally after one or two missed payments. Sometimes, a debt will have no set repayment time. For these sorts of debts, working out the cause of action is more difficult.
It does not start from the default date, either Lowell are employing monkeys these days, or they are trying it on, I'll leave it to you to decide which.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0
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