Lowell debt help and advice appreciated

Captain_Nothing

Hi everyone. I am new to this and posting for the first time. Very sorry if this post seems erratic, uneducated or longwinded!

I have recently moved address and have just received a letter from Lowell. They bought a hsbc debt years ago, I haven't heard anything from them in a long time. The debt was a hsbc loan possibly taken out 1999/2000 and defaulted in 2006/2007 so no longer on my credit file.
I was under the impression that this account was SB as I was paying Lowell at first but after a lot of hardship couldn't meet the payments and so the last payment from me would have been early 2008. I thought I would hear from them and was prepared to send the SB letter off to them but after a discussing with my wife it's seems she made a payment in 2010 under pressure.
This debt is not in her name and the payment was made as I was working away and she was getting distressed with constant phone calls and letters this was done on the phone and from her bank account not a joint account. Am I right in thinking that this has reset the clock for the SB? Or can I hold the argument that they have not had any payment from me at all in over six years and I have not acknowledged this debt either? Are they allowed to ring and accept payment from my wife? This was solely my debt that was from before we had met and we have never had any credit or bank accounts jointly so when she payed on the phone to them she payed from her own account which records must show? I fear that despite my frustration they may be able to hold they have had a payment and knock back my SB claim immediately. Is there anything that states they can't discuss your account with anyone but you?
If the click has been reset is there any point in me sending off letters asking for original documents with the loan been from 14 years ago? Any above appreciated.

nottoolate

you would have to argue she acted entirely without your permission. payment from a person acting with permission on your behalf counts. could be a hard one to convince a court of given your relationship.

fatbelly

Acknowledgement has to be by the debtor or his agent.

Have they started a court claim? It doesn't sound as if they have, so there is nothing to defend. Deal with it if it happens.

Captain_Nothing

No they haven't started a court claim that I am aware of. The letter was surprisingly polite, I have received threatening letters from them in the past but this just asked me 'to bring my account up to date' lots of options for me to pay and showed me the debt details, account number and amout due.
I would have been aware of the payment upon calling my wife after she made it but with me being away and burying my head in the sand that was the last we spoke of it, I hadn't asked her to do it and hadn't thought of it again until we spoke of the SB letter. I was on the understanding that a payment reset the clock but wasn't sure if legally it would have to be me admitting the debt and me paying it as with the wording of the SB act I haven't acknowledged it nor did a payment come from me or my account. I understand they have an argument to say that a payment was made on my behalf.
I had never authorised them to speak to anyone about the account so I wasn't aware of if they were allowed to do this or accept payments from another persons account without me first allowing it. They were fully aware they were not speaking to the debtor at the time of receiving payment and hadnt spoken with me or had payment from me or any commitment to pay for 2 years prior or ever since for that matter.

sourcrates

I think this one could be argued about for some time.
I would respond with the SB letter, remember its up to them to prove its not SB.
You can have plenty of fun with Lowells over this, if they reply quoting the 2010 payment, then you can compose a suitable letter stating the payment was made by your wife, over the phone, and under duress.
You had no knowledge of this payment, and it was made without your express permission.
As such you still consider this account to be SB, and invite them to prove otherwise.
Any payments and dates that there argument relies on, go back to them for proof of who made it, when, and from what account.


If you didn't make the payment, from your own account, they don't have a leg to stand on.