Lowell Letter:

tomxlisa

I have a question about a letter i received today, it was from lowell, the confusing thing about this letter is i don't know where the debt has come from, the debt is owed to a company called (Morses) now i know i cant remember having such loan with them for the last 8 years or so, i think i did about 10 years ago but i am sure it was paid back, the more annoying thing about the letter is it says (opening balance on 01/09/2014) now i know for a fact i did not have a loan last year from these people, what should i do about this, one i am pretty certain it would be statute barred, would calling them up be the wrong thing to do, what would be the best steps as i don't fancy a default on my clean credit files, but saying that can companys only default on a debt within 6 months of you not paying it?.

fermi

DCAs often quote opening balance as the balance at the date Lowells bought the debt.

Looks like Morses merged with Shopacheck in March 2015, though that may not be relevant.

If Lowells have got it then recently any default damage will be done if it's going to be, though may not show on file for a while. Or it's so old that they can't now add a default that would show.

If you really feel you need to respond then perhaps --> Letter when you know nothing about about the debt - AKA "Prove it" letter

tomxlisa

Surely if this debt is years old then they can't do anything about it now, like add a default to my files, I know for sure the last time I had one of these loans was probably 10 years ago, can they even do anything with a debt that old if it does exist still and I have not paid it, I might call them would that do more harm than good, the last thing I want is a default on my credit files as they are all clean now after the 6 years of waiting.

fermi

You didn't sound 100% sure this wasn't something recent so I was covering both possibilities.

If you are sure then yes, then cannot, or at least are not supposed to, add a recent default or record. If they did you could complain to get it removed.

tomxlisa

Sorry didn't mean to come across like I was having a go if I did, I appreciate your replies, no this is definitely not recent, if I have had this loan and that's if then it would be around 8 years since I did I reckon, I read somewhere before that company's can only record a default within 6 months of your last payment to them, so say if you stop paying, then they have 6 moths to file it, should I ring them would it make things worse?.

sourcrates

No don't ring anyone, bad move.
Send the provit letter, always deal with matters such as this in writing.
See what Lowells come back to you with.

If it is statute barred, then the appropriate letter should then be sent.

tomxlisa

The only thing I am concerned about is I had a letter from these people about 2 months ago which was for another debt, and at the bottom it said (this debt cannot be taken to court now as it has passed its time) not completely worded like that but something like that, but this letter doesn't say that, but I am almost certain this can't be taken to court as it would be passed its time, as there is a limit isn't there.

sourcrates

tomxlisa wrote: »

The only thing I am concerned about is I had a letter from these people about 2 months ago which was for another debt, and at the bottom it said (this debt cannot be taken to court now as it has passed its time) not completely worded like that but something like that, but this letter doesn't say that, but I am almost certain this can't be taken to court as it would be passed its time, as there is a limit isn't there.

Six years in England and Wales, five years in Scotland.
You must not of made a payment or admitted the debt in writing.

Once statute barred, nothing can un Barr it.

Lowell won't make things easy for you as they want paying, but the provit letter should be your first move, as they will keep on contacting you, and could apply for a CCJ if you don't head them off first.

tomxlisa

I didn't think they would be able to apply for a CCJ now as it would of been too long, the debt is only for £160 so was gonna call them and try and sort a settlement out but I really don't think I have had this loan, but the last things I do want is a CCJ or a default as I am just starting to get my credit file in order.

ampersand

tomxlisa - you have been given the very best advice from mse experts in this field, so please just act on it, specifically - #6 and #2, from sourcrates and fermi.

The sooner you DO those things, folllow that advice, the sooner you will stop going round in worry circles.

Fermi has posted the link for the letter you need to send:
If you really feel you need to respond then perhaps --> Letter when you know nothing about about the debt - AKA "Prove it" letter

Please do this. Ask for a free Certificate of Posting from the PO and keep it safe. Any 1st class stamped letter is deemed delivered within 48 hours.

I get the feeling that you're panicking, not 'listening' to what's being said here, trying to find a way to avoid tweaking an excellent letter, printing, signing and sending it..
Just engage with the actions advised, without expressing different versions of same fears.
###
postscript, having just seen your #9.

Please re-read every response on your thread slowly and absorb what is being said.
NEVER PHONE A DEBT COLLECTOR OR 'SOLICITOR' ACTING FOR SAME.
KEEP A PAPER TRAIL.

tomxlisa

I am listening to what is being said and I will do it, what do you have to do if it's more than one debt, send multiple letters or can you put it all on one letter about more than one debt?, also I just wanted to know the time limit for CCJs and defaults as these are the last things I want but can't see this happening now as I am confident it would be too late to apply them or they have already been applied and fallen off credit file. Thanks.