Lowell Group & Experian?? Please help...

james174

Hi all, I'm in desperate need of some advice. This morning I was written to by the Lowell group asking me to confirm an address I had previously lived at. Unknowing who they were I looked them up and found they were debt buyers and sellers. In the letter it said
"We are writing to you with regards the address outlined above which was supplied to us by Experian the UK's largest Credit Reference Agency.

Experian hold information on over 43 million UK consumers on their database, information including consumers current and previous address details.

The have provided information to suggest you may have previously resided at XXXXX and we need to validate this information.

It would be appreciated if you would contact us immediately on the telephone number provided below to confirm the information supplied to us is correct and factual.

We look forward to hearing from you and thank you for your co-operation in this matter"

I wrote to Experian a fair few weeks back to check my credt report as they are offering a 30-day free trial.
I do admit that I took a loan out once for £1500 and a credit card for £200 nearly 8 years ago, but I was never abe to pay it back as I was laid off work, moved, and had very difficult times in a relationship that was breaking down. As I moved up country I had all but lost all paperwork I had, driving license, passport, anything to do with banks etc.I've just forked out a huge sum of money to pay for a plumbing course, as I got laid off work, and have been out of work since last august and struggling to make ends meet, I'm worried now that they are chasing me for something I cannot afford in anyway shape or form. I had been accepted by a finance group to pay for my plumbing course via direct debit, but now wondering why since I chose to have a free credit check from Experian why this has come upon me.
What should I do? Give them details, for them to track me down, or are they working on behalf of Experian to validate who I am.
Any help would be most appreciated.

Rafter

If they haven't tried to chase you for payment for over 6 years, then the debt will be 'statute barred'. IE you won't have to pay for it.

If it is less than 6 years, then they can chase payment, but they cannot ask you to pay more than you can reasonably afford.

If they start to get heavy, then go to citizens advice or call debtline or CCCS.

Don't think it is the search you did that would have triggered Experian though - more likely just a bit of investigation by Lowells to try and track you down.

The way it works is that your loan and CC company will have 'sold' the debt to Lowells for say 10p for every £ you owe.

Lowells are hoping that they will get you to pay more than 10p for every £ so they make a profit.

However, if the debt really is as old as you say and they haven't tried to collect it for over 6 years, then they are trying their luck and no payment is due.

If they do slap a payment demand on you, respond quickly asking for details of the debt and a copy of the original loan agreement. Try to avoid giving them a phone number and ask for all correspondence in writing.

Good luck

R.

theartfullodger

Don't reply to the letter: Don't 'phone them. They are looking for confirmation of who you are and where you are. Don't help them!

If you get large men arriving at the front door asking for money
a) Ask them to leave
b) If they don't call the Police...

Good luck! 'twill probably go away, if you are lucky!

Cheers!

Lodger

james174

Ok thank you so much. That has helped out alot. So if I completely choose to ignore this letter, whats the worst thats going to come of this? Do I even say "nope I've never lived there" or even reply to this letter saying sorry this person doesn't live here? The only thing i have here is clothes...All my possesions is with my sister far away! I took the loan out when I was 18 and i'm coming up 26 this year. If I completely ignore this and they don't get any confirmation of my previous address, does that stop them in their tracks? I.E because they can't prove who I am or where I am, they cant continue with the search?

one other thing, not once ever have I had any letter from any organisation or company since i took the loan out asking for payment of any kind

Rafter

James,

If they genuinely haven't contacted you or tried to take payment for 6 years, then the debt is statute barred.

as lodger says, ignore the contact and they should go away!

R.

james174

Ok. Many Thanks for your help. Much Appreciated

naijapower

Yes, ignore the letter. They would keep sending for months but would eventually give up. Simply return to sender.
The debt cannot affect your credit history so long as it was defaulted over 6 yrs ago.
Someone correct me if am wrong - Lowell cannot change the defualt date to a more recent date all cos they have taken over the debt. The original date which of cos if older the 6 yrs stands which in effect means it is statute barred.
You should infact consider reporting them to OFT and seek compensation for harrassment.

Typhoon2000

Was any CCJ's lodged against you for the non payments? If there are then the 6 yr rule may not quite apply.

james174

I had no contact or letters from anyone regarding payments of any kind. If I did I was never at that address so never knew anything about it. I have moved several times over the last few years, and I've never had a letter untill now, which all they are asking of is if I have lived at a previous address... Nothing to say I owe money of any kind, I assume this is their way of closing the net on me trying to find out where I am.

I've recently found this info about statute barred

A debt is considered Statute Barred if a creditor has not contacted a debtor for a period of 6 years and no action has been taken on the account.
Although the debt is still legally acknowledged as being owed, the creditor is not able to take any legal action against the debtor in order to recover the debt. It is considered unfair if a creditor or debt collector misleads the debtor into believing the debt is still legally recoverable. It is also considered an unfair practice if the creditor or debt collector press for payment after the debtor has stated they will not be paying the money owed. This could amount to harassment contrary to Section 40(1) of the Administration of Justice Act 1970.

So although the original lender is now out of the picture, because they have passed this debt on to Lowells, does this mean my 6 years starts again? Or as the above info states they are not allowed to mislead me to recover the debt, although they havent asked for any money, why does a debt collection company want to know my previous address? Would this class as harrasment or misleading? This is the first contact I've had from any company since I took the loan out, and although its not asking for money... Again why are they asking me for my previous address????

No CCJ's have been filed against me, well... not that I know of....
Do I have to now state that I will not be giving any money back?

naijapower

Like i said, it is best to ignore them to start with. They are trying to source you out and are only being speculative.
Just remain calm for now and see what happens. Take note, without confirming the address or getting back to them, they would remain confused. Hence i feel you have the upper hand. They need info from you in order to establish debt, so dont provide nothing

james174

Thanks again. How would I find out for definate that a statute barred is definately logged against my credit report, without rising any other suspician or "logs/makings" to credit reference agencies?