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    • 2004arron
    • By 2004arron 10th Oct 17, 3:12 PM
    • 20Posts
    • 3Thanks
    2004arron
    Lowells dispute
    • #1
    • 10th Oct 17, 3:12 PM
    Lowells dispute 10th Oct 17 at 3:12 PM
    Afternoon all.

    I’ve been inTouch with lowells about a defaulted account they have on me, they sent me the following information.

    “I can confirm, the agreement started on 4th September 2009. The original amount was £910.00 which you paid regular instalments of £17.50.

    The last payment made to the account was for £1.00 on 20th August 2013.

    The account defaulted on 24th February 2014.

    You paid a total amount of £239.00 before we purchased the account which leaves the current balance of £671.00”

    I can’t see that £1 would have been paid. How would you dispute this? Thanks
Page 1
    • StopIt
    • By StopIt 10th Oct 17, 3:17 PM
    • 1,103 Posts
    • 971 Thanks
    StopIt
    • #2
    • 10th Oct 17, 3:17 PM
    • #2
    • 10th Oct 17, 3:17 PM
    When do you think you last sent a payment in relation to this?


    Going by the amount paid, it appears you made 13 or 14 payments at £17.50, so the last one would've likely have been December ish 2010.


    Thus the debt would be statute barred if it wasn't for this miraculous £1 payment in 2013, also the default date is way off.


    Send a letter stating that you believe the debt to be statute barred under the Limitations act. Dispute this £1 payment and ask for concrete proof of it.


    If you indeed did send a token payment of £1 in 2013, the debt can be enforced for another 2 years. In either case, ask for the default to be backdated as you clearly stopped paying well before this date.
    • 2004arron
    • By 2004arron 10th Oct 17, 4:14 PM
    • 20 Posts
    • 3 Thanks
    2004arron
    • #3
    • 10th Oct 17, 4:14 PM
    • #3
    • 10th Oct 17, 4:14 PM
    Surely this has to be a tactic to keep this live for longer?

    I’m composing a letter now. I can confirm that I never paid this £1 payment
    • nomoneytoday
    • By nomoneytoday 10th Oct 17, 4:25 PM
    • 4,711 Posts
    • 2,845 Thanks
    nomoneytoday
    • #4
    • 10th Oct 17, 4:25 PM
    • #4
    • 10th Oct 17, 4:25 PM
    What was the date of the last regular £17.50 payment?
    • WillyWonga
    • By WillyWonga 10th Oct 17, 4:25 PM
    • 270 Posts
    • 143 Thanks
    WillyWonga
    • #5
    • 10th Oct 17, 4:25 PM
    • #5
    • 10th Oct 17, 4:25 PM
    Have your debts ever been handled by a debt management firm like Stepchange? If they have dealt on your debts they usually send a £1 as a gesture payment.
    • 2004arron
    • By 2004arron 10th Oct 17, 5:55 PM
    • 20 Posts
    • 3 Thanks
    2004arron
    • #6
    • 10th Oct 17, 5:55 PM
    • #6
    • 10th Oct 17, 5:55 PM
    I’ve requested all of the payment dates along.
    Proof of the £1 payment from me.
    And why the default date was late to be applied and to be backdated.

    The account hasn’t been managed by anyone with my authority so it should remain as it was
    • 2004arron
    • By 2004arron 10th Oct 17, 8:27 PM
    • 20 Posts
    • 3 Thanks
    2004arron
    • #7
    • 10th Oct 17, 8:27 PM
    • #7
    • 10th Oct 17, 8:27 PM
    I have just received this response from lowells.

    “I can request a statement of the account however, I cannot guarantee this will be itemized. Please let me know if you would like to request this?

    This debt did not become fully due and payable until Provident issued a Default Notice – which you did not comply with. According to our information, the Default Date was 24th February 2014 and, therefore, we consider that the debt is enforceable for six years from that date.”

    How Can I respond to this?

    Any form of help would be appreciated
    • StopIt
    • By StopIt 11th Oct 17, 7:42 AM
    • 1,103 Posts
    • 971 Thanks
    StopIt
    • #8
    • 11th Oct 17, 7:42 AM
    • #8
    • 11th Oct 17, 7:42 AM
    As you sent a PM, I replied there, but for other people I'll post a bit here also.


    Always deal with these DCAs in writing, not by E-mail or phone.


    A default notice does not reset any statute bar timescale.
    • grabbit44
    • By grabbit44 11th Oct 17, 8:13 AM
    • 14 Posts
    • 1 Thanks
    grabbit44
    • #9
    • 11th Oct 17, 8:13 AM
    • #9
    • 11th Oct 17, 8:13 AM
    Lowell always go by a default Notice date - I have just argued in court about no payment for six-years..., but the judge found for them as he compared my simple CCA to a Hire Purchase agreement and he said it went from the DN date. ThreadCCJ on Statute Barred Debt)
    • StopIt
    • By StopIt 11th Oct 17, 8:28 AM
    • 1,103 Posts
    • 971 Thanks
    StopIt
    Lowell always go by a default Notice date - I have just argued in court about no payment for six-years..., but the judge found for them as he compared my simple CCA to a Hire Purchase agreement and he said it went from the DN date. ThreadCCJ on Statute Barred Debt)
    Originally posted by grabbit44

    That goes against all guidance, and as stated in your thread, is yet to be properly tested in law. County court is not a precedent setter for points of law. I know you may not be able to appeal due to costs, but the defence should still be valid. If not, it needs properly testing in law as it would be a very bad change in the law.


    We already know that companies issue defaults outside of the guidance (6-12 months after last payment), if the DCAs can then tell Original Creditors not to default an account, sell them on and the DCA can then effectively gain another 6 years of enforcement time for free by issuing a default notice before the debt becomes statute barred.


    That would be a system rife for abuse. No, the default notice should not reset any statute bars and the judge in your case was wrong on a point of law.
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