Lowell's trying to collect Statute barred debt

jeystone

They keep sending me letters..the lowlifes have bought some bank overdraft debt from 7 years ago, and now are trying to claim it. I have never acknowledged or made payments towards this debt in 7 years

what are my options?

jeystone

They are also threatening to put a fresh default on my credit report, even though 7 years has passed lol

Tixy

You could send them the statute barred template letter. Statute barred debts and the Limitation Acts

You could continue to ignore them and keep an eye on your credit file. If they do add a new default then at that point you would need to correspond with them to inform them that you require them to remove the unfair and inaccurate data from your file that is not in accordance with the ICO guidelines.

As this is an overdraft - do you know what date the overdraft was formally recalled? if this is after the last time you used the account then it would likely be relevant for determining the date the debt is legally statute barred.

jeystone

Tixy wrote: »

You could send them the statute barred template letter. Statute barred debts and the Limitation Acts

You could continue to ignore them and keep an eye on your credit file. If they do add a new default then at that point you would need to correspond with them to inform them that you require them to remove the unfair and inaccurate data from your file that is not in accordance with the ICO guidelines.

As this is an overdraft - do you know what date the overdraft was formally recalled? if this is after the last time you used the account then it would likely be relevant for determining the date the debt is legally statute barred.

it is well outside of 6 years, by any calculation...around July 2006

happy_bunny_2

Presumably the new default threat was made on the phone? Can't believe they would put that in writing.

As well as SB letter, send them a complaint letter about the threat and also refer to OFT.

Tell Lowell that they will be referred to FOS after 8 weeks unless you have it writing that they will not be adding a new default. The thought of Parting with a £500 FOS referral fee should focus them...

jeystone

UPDATE: Sent the letter, got a response...My account has been put on hold while they investigate with the original creditor...They did this with a 3 Mobile account a while back, they said it will be on hold 2 weeks but never heard from them again regarding it

jeystone

Yup, they did it...fresh default on my equifax...do these clowns check dates etc? the original default date is like 2005....

rizla_king

Complain and tell them that if they don't remove it you will be taking it to the FOS and reporting them to the ICO.

jeystone

rizla_king wrote: »

Complain and tell them that if they don't remove it you will be taking it to the FOS and reporting them to the ICO.

I'm sure they will be shaking...All these companies are in bed together

rizla_king

If you can't be bothered to complain then just live with the default then. Up to you.

jeystone

rizla_king wrote: »

If you can't be bothered to complain then just live with the default then. Up to you.

Believe me I have complained..I think I have sent around 30 letters now to Equifax and Lowell

The ICO are useless haven't heard from them in 6 months

and Equifax haven't replied to a single query in 3 months