A letter from Lowell

Kolokial

So, I was going through the process of contacting my mothers creditors to find out the current oustanding balances, and I came to Lowell. My mother has about three accounts with them.

However, Lowell have recently written to us saying the following :

Dear Kolokial,
Unfortunately, Shopacheck have not yet been able to supply the statements you requested so after reviewing your account we are prepared to take a commercial view in relation to this matter and as a gesture of goodwill and strictly without any admission of liability, we have decided to close the account and write off any outstanding balance.

However, should statements become available at any time in the future we reserve the right to reinstate the balance and contact you with a view to recover the full amount owing.

Yours sincerely,

Customer Services Manager

Now this was great news, however I am concerned by the last paragraph that states they can collect on the debt later if they find evidence. Is there any truth to it? And can I count this debt as gone completely, as it would mean more available funds to go to other creditors!

worried48

Ignore them completely unless and until they send anything further. Lowell never take legal action anyway, at least not in my experience.

happy_bunny_2

If they are saying this, chances of it being found are close to zero. These are the bottom of the debt collecting pile.

They have 6 years from when the debt was last admitted in writing or paid, after which its statute barred and they can't make you pay.

gb12345

happy_bunny wrote: »

They have 6 years from when the debt was last admitted in writing or paid, after which its statute barred and they can't make you pay.

The OP could well have just reset the clock by contacting them to ask for an outstanding balance (depending on how they contacted).

StuC75

But wouldn't the OP writing to ask what the balances were act as admission of the debt, thus restarting the 6 years, once they can furnish proof of the statements being asked for, and not say if they had only asked for proof that the debt existed..

happy_bunny wrote: »

If they are saying this, chances of it being found are close to zero. These are the bottom of the debt collecting pile.

They have 6 years from when the debt was last admitted in writing or paid, after which its statute barred and they can't make you pay.

happy_bunny_2

I meant 6 years from now. The letter states 'any time in the future'. They only have 6 years unless the OP admits the debt again.

OP Should note the date they last wrote to them as that's the start of the 6 years.

Gordon_Hose

They can still chase a debt after 6 years, all they can't do is enforce it in court.

Kolokial

Thanks for the responses guys. Just to clarify; I telephoned them originally, and before this letter the last one I have from them is dated April 2013.

My mother has another two accounts withe Lowell, what are the chances they'll write those off for her also? :j

happy_bunny_2

Only if they have no paperwork at all.

Writing off the account is a last resort for a DCA.

Best to request CCAs for the other 2 accounts. Are these still being paid? If not when last paid?