Lowell debt help

frenchplonka

Hello guys just a quick update I recived the following reply to my email:

Lowell Reference – 148180672 – Three Mobile – Balance £191.20
This relates to a former Three Mobile account that was opened on the 10th March 2012 and relates to the mobile number of xxxxxxxxxxx. The last payment received to the account was on the 5th May 2012 for an amount of £15.90 and the outstanding balance is made up of £63.13 Airtime Debt and an Early Termination Fee of £132.28. The account defaulted on the 21st November 2012 and the client provided the address of Flat Cunliffe Villas . In October 2015 a Direct Debit was set up on this account for you to pay £4.21 per month and we only received one payment of this as the Direct Debit rejected and was then cancelled.

They then go onto list my other debits with them in this format.

We hold further accounts for you:

Lowell Reference – 116370222 – Orange – Balance £191.71
Lowell Reference – 206029613 – Orange – Balance £525.72
Lowell Reference – 162443774 – Orange – Balance £150.52
Lowell Reference – 172488058 – Provident Personal Credit Ltd – Balance £501.94 (You should be aware that the period for recovering your debt by court action has expired for this account, so we will not be issuing court proceedings to enforce payment. However, your debt still exists and legally we are within our rights to continue to ask you for repayment)

Lowell do not require you to clear all your balances in full and we are here to help set up an affordable repayment plan for you to pay each account in instalments if this is more affordable. In order for me to note your accounts accordingly, please advise the amount you would like to pay to each, the date you would like to begin payments, if you would like to pay weekly, fortnightly, four weekly or monthly, and the payment method you would like to use from one of the following options:

Is there any reason they would give me a detailed breakdown as in the first example?

I have asked for a breakdown as the first example with dates etc just so i can figure out when i was defaulted and IF they are due to fall of my file, I have also requested the CCA for the provident debt and what should I do if they cant provide this?

frenchplonka

bump bump bump

fermi

Well it seems they have admitted the provident debt is statute barred anyway, so the CCA might no matter.

See: https://forums.moneysavingexpert.com/discussion/2606811

Letter to send in that if you think that debt is statute barred.

frenchplonka

fermi wrote: »

Well it seems they have admitted the provident debt is statute barred anyway, so the CCA might no matter.

See: https://forums.moneysavingexpert.com/discussion/2606811

Letter to send in that if you think that debt is statute barred.

TY I dont think this applies to me as I made a payment as part of a DMP agreed between myself and them last year tbh im not sure i mean I owe the money but do i pay do i tell them they cant have it im a lil lost tbh

sourcrates

frenchplonka wrote: »

TY I dont think this applies to me as I made a payment as part of a DMP agreed between myself and them last year?

"Lowell Reference – 172488058 – Provident Personal Credit Ltd – Balance £501.94 (You should be aware that the period for recovering your debt by court action has expired for this account, so we will not be issuing court proceedings to enforce payment. However, your debt still exists and legally we are within our rights to continue to ask you for repayment)"

Lowell have admitted this account is statute barred, although it doesn't show the dates, its likely it was SB before you made last years payment, once statute barred, always statute barred, you can forget about this one, however a letter confirming its SB status should be sent to Lowell first.

fermi

Sounds like it would be

http://forums.moneysavingexpert.com/showpost.php?p=34906321&postcount=6

then

frenchplonka

sourcrates wrote: »

"Lowell Reference – 172488058 – Provident Personal Credit Ltd – Balance £501.94 (You should be aware that the period for recovering your debt by court action has expired for this account, so we will not be issuing court proceedings to enforce payment. However, your debt still exists and legally we are within our rights to continue to ask you for repayment)"

Lowell have admitted this account is statute barred, although it doesn't show the dates, its likely it was SB before you made last years payment, once statute barred, always statute barred, you can forget about this one, however a letter confirming its SB status should be sent to Lowell first.

I hope this is the case as that would be a great chunk of money saved so it appears I have to options pay the remaining amounts over X amount of time in full ( These are defaulted so on my CR so paying in full over X years would result in a fully paid status better on my report right? )

OR

Try pay a lump sum say 25% of the total debts have it as a partial settlement and be done with it which would you choose?

frenchplonka

fermi wrote: »

Sounds like it would be

http://forums.moneysavingexpert.com/showpost.php?p=34906321&postcount=6

then

Am i right in thinking I need to write to them saying that although i made a payment last your i believe the debt to be barred and that they are not able to collect a penny from myself? Im assuming they wont take this lying down?

fermi

SB letter can be emailed if you like. Then sent by recorded post only if they try to ignore the email.

They are correct that legally you are still liable for it, but if you tell them it is statute barred and that you won't be paying, under FCA rules they must stop demanding payment.

They would be silly to not take it lying down, as debt collectors have been warned by the regulators on this in the past, and the FCA is less tolerant than the OFT used to be.

frenchplonka

fermi wrote: »

SB letter can be emailed if you like. Then sent by recorded post only if they try to ignore the email.

They are correct that legally you are still liable for it, but if you tell them it is statute barred and that you won't be paying, under FCA rules they must stop demanding payment.

They would be silly to not take it lying down, as debt collectors have been warned by the regulators on this in the past, and the FCA is less tolerant than the OFT used to be.

Thanks again I have sent a email using the template saying I consider the debt to be unenforceable under the outlines stated in that letter.

How would you go about offering to pay the other debts at a reduced rate? s there a template for me to offer a % of total amount owed?