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    • Justice13075
    • By Justice13075 17th Jul 17, 10:51 PM
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    Justice13075
    Lowell Debt Collectors
    • #1
    • 17th Jul 17, 10:51 PM
    Lowell Debt Collectors 17th Jul 17 at 10:51 PM
    After having paid a couple of repayments on a loan in 2011, I defaulted and Lowell bought the debt in 2013. I have been out of the country for a couple of years and upon checking my Experian credit file found the default. I have had no communication with Lowell but I assume that when they bought the debt they would have tried to contact me but with no luck. Should I let it run another 18 months when it will be 6 years and statue barred or contact them and ask for proof of debt. I don't know if they will have the original loan agreements after all this time.
Page 1
    • Voyager2002
    • By Voyager2002 17th Jul 17, 10:57 PM
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    Voyager2002
    • #2
    • 17th Jul 17, 10:57 PM
    • #2
    • 17th Jul 17, 10:57 PM
    Why not just pay it?
    • Justice13075
    • By Justice13075 17th Jul 17, 11:01 PM
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    Justice13075
    • #3
    • 17th Jul 17, 11:01 PM
    • #3
    • 17th Jul 17, 11:01 PM
    I don't have the money it's over £3,500 maybe i can make an offer then pay in instalments?
    • sourcrates
    • By sourcrates 17th Jul 17, 11:18 PM
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    sourcrates
    • #4
    • 17th Jul 17, 11:18 PM
    • #4
    • 17th Jul 17, 11:18 PM
    Loweell will accept almost any offer of payment you can afford.

    It can all be done from there website, no need to talk to anyone.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there, and delete spam.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • Justice13075
    • By Justice13075 17th Jul 17, 11:25 PM
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    Justice13075
    • #5
    • 17th Jul 17, 11:25 PM
    • #5
    • 17th Jul 17, 11:25 PM
    What do you think they will accept on a £3,500 outstanding balance and would I be able to pay that monthly?
    • sourcrates
    • By sourcrates 17th Jul 17, 11:34 PM
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    sourcrates
    • #6
    • 17th Jul 17, 11:34 PM
    • #6
    • 17th Jul 17, 11:34 PM
    What do you think they will accept on a £3,500 outstanding balance and would I be able to pay that monthly?
    Originally posted by Justice13075
    As I saiid, whatever you propose, they will most likely accept.

    As low as £10 on that kind of debt.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there, and delete spam.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • fatbelly
    • By fatbelly 18th Jul 17, 6:34 AM
    • 11,378 Posts
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    fatbelly
    • #7
    • 18th Jul 17, 6:34 AM
    • #7
    • 18th Jul 17, 6:34 AM
    After having paid a couple of repayments on a loan in 2011, I defaulted and Lowell bought the debt in 2013. I have been out of the country for a couple of years and upon checking my Experian credit file found the default. I have had no communication with Lowell but I assume that when they bought the debt they would have tried to contact me but with no luck. Should I let it run another 18 months when it will be 6 years and statue barred or contact them and ask for proof of debt. I don't know if they will have the original loan agreements after all this time.
    Originally posted by Justice13075
    There's something missing from your post. If you believe it will be statute barred in 18 months, then something must have happened 4.5 years ago. What was that?

    Your post otherwise reads like you stopped paying in (some month) 2011 and walked away from it. In that case it would be statute barred in (some month) 2017.

    In the meantime, they're not contacting you (though they may do now you have updated your credit files). Why poke it with a stick?
    • Justice13075
    • By Justice13075 18th Jul 17, 3:28 PM
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    Justice13075
    • #8
    • 18th Jul 17, 3:28 PM
    • #8
    • 18th Jul 17, 3:28 PM
    in 2013 Lowell bought the debt I thought that would start the 6 years again.
    • sourcrates
    • By sourcrates 18th Jul 17, 4:41 PM
    • 12,218 Posts
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    sourcrates
    • #9
    • 18th Jul 17, 4:41 PM
    • #9
    • 18th Jul 17, 4:41 PM
    in 2013 Lowell bought the debt I thought that would start the 6 years again.
    Originally posted by Justice13075
    No, only a payment by you, or written acknowledgement by you, re-starts the Limitations period.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there, and delete spam.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • Justice13075
    • By Justice13075 19th Jul 17, 11:48 AM
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    Justice13075
    Firstly I am doing this for my son who informs me that he cannot remember if he ever made any payments to the loan provider, if he did it would only have been 1 or 2. He took the loan out in Feb 2011. The debt has been bought by Lowell not exactly sure when but the default is dated January 2013. 2 years after he defaulted that seem a long time.
    • sourcrates
    • By sourcrates 19th Jul 17, 12:16 PM
    • 12,218 Posts
    • 11,660 Thanks
    sourcrates
    Firstly I am doing this for my son who informs me that he cannot remember if he ever made any payments to the loan provider, if he did it would only have been 1 or 2. He took the loan out in Feb 2011. The debt has been bought by Lowell not exactly sure when but the default is dated January 2013. 2 years after he defaulted that seem a long time.
    Originally posted by Justice13075
    The default date is irrelevant here.

    It's the cause of action date, the date of his last payment, or written acknowledgement, that is important here, that is the date the Limitations clock runs from, not the default date.

    They are two seperate things altogether.

    So chances are it became statute barred in April or may this year.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there, and delete spam.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • Justice13075
    • By Justice13075 19th Jul 17, 12:39 PM
    • 996 Posts
    • 423 Thanks
    Justice13075
    He has sent for his £2 report should have more info on there, should it have been removed from the full report. He's looking at the free experian credit score which only gives a bit of info
    • fatbelly
    • By fatbelly 19th Jul 17, 7:20 PM
    • 11,378 Posts
    • 8,538 Thanks
    fatbelly
    He ideally needs to check his records.

    The CRA files rely on information given to them by lenders and debt buyers. It's likely to be inaccurate and tilted in their interests.

    Like another thread near this one, the longer this goes on, the more sure he can be that this is statute barred. It's a complete defence to any court claim
    • Justice13075
    • By Justice13075 23rd Jul 17, 4:37 PM
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    Justice13075
    My son is still waiting for his pass key but he has found a letter dated October 2015 from Lowell. I must have sent them a prove it letter because they replied that although they believe he owes the debt they are not going to chase him for it but they will leave the default on his file. If they cannot prove the debt how can they leave the default on his file. I will know more when I can see his file. I have just
    found this on his credit score. Account started 16th Feb 20011 Default date 14th January 2013. Don't know when Lowell bought the debt but we obviously had contact with Lowell around mid 2015.
    Last edited by Justice13075; 23-07-2017 at 6:01 PM.
    • fatbelly
    • By fatbelly 23rd Jul 17, 8:54 PM
    • 11,378 Posts
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    fatbelly
    Seems straightforward then. It's his debt. They're not going to demand payment. The default is accurate, though the date of it may be a bit off

    Earlier advice still applies - they're not contacting you. Why poke it with a stick? Unless he is applying for a mortgage or something between now and the end of next year.
    • Justice13075
    • By Justice13075 23rd Jul 17, 9:31 PM
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    Justice13075
    They cannot prove it's his debt so can he get the default removed otherwise the default was put on on Jan 2013 meaning it will stay on for another 18 months until Jan 2019.
    • Justice13075
    • By Justice13075 4th Aug 17, 8:23 AM
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    Justice13075
    My son has a default on his file from Oct 2016 for a £55 debt from 3. he wants to pay the full £55 off. Will they remove the default or just change it to settled
    • luvsmoothies
    • By luvsmoothies 4th Aug 17, 10:40 AM
    • 499 Posts
    • 334 Thanks
    luvsmoothies
    Must be nearly statute barred. Am I correct in thinking that Lowell haven't actually contacted you for a while ? If so, I would leave it. If they're not bothering you, don't bother them. As more time passes, then the statute barred status becomes increasingly likely.
    • StopIt
    • By StopIt 4th Aug 17, 10:42 AM
    • 1,128 Posts
    • 976 Thanks
    StopIt
    My son has a default on his file from Oct 2016 for a £55 debt from 3. he wants to pay the full £55 off. Will they remove the default or just change it to settled
    Originally posted by Justice13075
    They'll change to to settled.


    Just so you know, just because a debt is unenforceable for any reason, does not mean that the reporting of the debt, including defaults ceases.


    It means they cannot bring a court claim to enforce the debt. Unless if the creditor writes off a debt and wipes it from their records completely, they're perfectly entitled to report a defaulted debt to the CRA systems.


    However, in this case, it is reasonable to ask for the default date the original post refers to be backdated to 6 months after last payment, which is the maximum reasonable time for an account to be defaulted as per regulations.


    Of course, the newer default is now completely wrecking your sons credit file again anyway, and while it likely wont make much odds, it's worth appealing to Three to ask for the default to be removed as a goodwill upon full payment.
    • Justice13075
    • By Justice13075 4th Aug 17, 6:49 PM
    • 996 Posts
    • 423 Thanks
    Justice13075
    my son has paid the £55 and the best Three will do is mark it now as settled. Who should he write to at Three to try and get this taken off his file.
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