Strange letter from a Debt collection agency! re:SKY

bellabd

I have too received a letter from Lowells today saying I owe £439.13, same letter as everyone else. I asked why they hadn't contacted me before now since they brought the debt in dec 2006, "we have been trying to trace you" I have lived at the same address ince 2001 and have received correspondance from Creation (who apparantly I owe the money). In 2004 I paid them £500 which I though was in full and final payment on my account and have since not recived anything to say I still owed them money. Creation will not talk to me as they have now sold the debt, and Lowell can't tell me how this figure has arisen. They didn't seem concerned that I had heard nothing from Creation in the last 3 years and I was told "very one has said that today". My dad seems to think this is something and nothing and they are just trying it on, as surely I would have had to received notification from Creation to say they are handing it over to the collection agency. Is this correct? Help as this has now really spolit me weekend.:mad:

kaja_3

Hi,

try not to worry - by the sounds of it, this Lowell company are chasing many people for money they never owed. My debt was also from creation. I would follow the procedures of contacting the company in writing, etc. Ask them to show statements of the alleged debt.

Repeating what I said when I first joined this thread, I called Lowell up, and they were unable to discuss the account with me, as the name on their computer was different to the reference number I gave them (taken from the letter they sent me!). Following everything I was advised to do by harrased, they sent me someone else's statements - !

I am fairly sure that they just target old customers to see how much money they can weasel out of them... Don't worry - get something in writing from them before you decide what to do next.

Kaj..

RAS

B***

Just lost the post.

try again

1. Go to this page http://www.moneysavingexpert.com/banking/credit-rating-credit-score and request your credit checks with all three agencies. With any luck it will be marked satisfied and full and final.

2. Demand the CCA and letter of assignment from Lowell, below

Here the letter that you start with - send it recorded delievery so that you can trace it arrival and refer to this later.

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose £1 in payment of the statutory fee.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

4. I would also like to point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities, therefore if I do not receive evidence that I owe your company any monies by 6th February 2006, I will have no hesitation in passing your details to the Office of Fair Trading.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Furthermore I am also notifying yourself or anybody working on your behalf that all correspondence forthwith will be conducted by letter only.

Yours...


They have 14+2 days before they default and another 30 before you can tell them where to stickthe request for money.

3. Is it just possible that you you offered full and final settlement but Creation never accepted it on that basis and it is still outstnading? If so it would show up on your credit check.

Have you got any documentation from them to prove it?

If not you might have to make a Subject Accesss request to get the letter out of Creation. But I would wait until Lowell have produced the CCA first.

Ashropshirelady

I know this is an old thread but I received a letter from Lowell today in relation to a Barclaycard debt of 86.78.

The strange thing is that they address me in my last married name, which I have not used for over 20 years as I divorced 23 years ago and used my new name..........since divorced again but that is a different story :rotfl:

They say they have appointed Red Debt Collection Services to recover the outstanding balance from me.

I cant even remember having a Barclaycard........let alone an account with Barclays. Nothing has ever appeared on my Credit file.

I phoned Barclaycard today and the relevant department was closed but the main I spoke to seemed to 'know' if you know what I mean. I gathered that I wasn't the only one and then I am forwarded this thread by one of my forum members.

Can they do this after 20+ years?

marc.faulkner

Ashropshirelady wrote: »

I know this is an old thread but I received a letter from Lowell today in relation to a Barclaycard debt of 86.78.

The strange thing is that they address me in my last married name, which I have not used for over 20 years as I divorced 23 years ago and used my new name..........since divorced again but that is a different story :rotfl:

They say they have appointed Red Debt Collection Services to recover the outstanding balance from me.

I cant even remember having a Barclaycard........let alone an account with Barclays. Nothing has ever appeared on my Credit file.

I phoned Barclaycard today and the relevant department was closed but the main I spoke to seemed to 'know' if you know what I mean. I gathered that I wasn't the only one and then I am forwarded this thread by one of my forum members.

Can they do this after 20+ years?

I'm no CCA expert, however I would suggest that after 20+ years, this debt should be well and truly statute barred, and therefore unenforcable.

If I'm wrong, I've no doubt that somebody more experienced will correct me.

Trying_really_hard

This is really strange as my dad received a similar letter for Barclaycard yesterday for the sum of £73.34. Its got a completely different credit card number to the card he did have but cleared and closed last year in Aug time. Reading the post above is really strange as the only time he had a Barclaycard before was about 20 years ago.

I'm at a bit of a loss as to what to do as its not their debt. Going to send off for the Credit Agreement of course but don't know whether its best to send it to Barclaycard, this Lovell company or both?

Ashropshirelady

Barclaycard told me to ring back on Monday morning and speak to the personal accounts section. As I said, I think I am not the only one by their reacton yesterday.

rog2

Ashropshirelady wrote: »

I know this is an old thread but I received a letter from Lowell today in relation to a Barclaycard debt of 86.78.

The strange thing is that they address me in my last married name, which I have not used for over 20 years as I divorced 23 years ago and used my new name..........since divorced again but that is a different story :rotfl:

They say they have appointed Red Debt Collection Services to recover the outstanding balance from me.

I cant even remember having a Barclaycard........let alone an account with Barclays. Nothing has ever appeared on my Credit file.

I phoned Barclaycard today and the relevant department was closed but the main I spoke to seemed to 'know' if you know what I mean. I gathered that I wasn't the only one and then I am forwarded this thread by one of my forum members.

Can they do this after 20+ years?

This 'debt' is, almost certainly 'Statute Barred'. Under the terms of the Limitation Act, 1980 - if a 'debtor' has not either made any payment towards, nor acknowledge in writing, a debt for a period of six years, then that 'debt' is 'statute barred' and can, no longer be enforced through the courts, once the debtor has informed the creditor, or dca, that he no longer intends to 'pay' as the 'debt' is statute barred - the only reason he need give.

Have a look at the following link, where there is, also, a template letter that you can send to Lowell:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

Good Luck.

rog2

Ashropshirelady wrote: »

Barclaycard told me to ring back on Monday morning and speak to the personal accounts section. As I said, I think I am not the only one by their reacton yesterday.

I wouldn't even bother to ring back, asl - they will only try to make you acknowledge the 'debt', albeit that, legally, any acknowledgement needs to be in writing, for them to 'pursue it' - even then, this debt is already 'statute barred' and acknowledgement, even in writing, at this stage, will not alter the 'status' of the 'alleged debt'.
Just send the NDL letter - Lowell can do absolutely nothing - they are literally the 'lowest form of life' even within the debt collection industry.

Trying_really_hard

Ashropshirelady wrote: »

Barclaycard told me to ring back on Monday morning and speak to the personal accounts section. As I said, I think I am not the only one by their reacton yesterday.

Yes, my dad was told to do the same. This is all very strange and most worrying.

I shall do as suggested and tell him not to ring back and will send of the CCA letters.