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Statute Barred loan, HELP!

Hi. I had a letter through from Lowell group to my current address, chasing a Provident loan I supposedly took out in January 2010. Its the 1st correspondance from anyone on this matter and so I deem this as Statute barred anyway.
I have contacted Lowell by email, provided the stated original agreement date and account number and the Lowell reference number. I stated this is a null and void account, as nobody has ever contacted me in the previous 6 years about this account and reminded them of the No contact limitation act. I also asked them to not contact me again.
Had a reply, asking me to confirm my Address, Postcode and DOB, so they could 'look into the matter'.
Q. Do I have to provide details asked for? Is it a sneaky way of trying to get money from me further down the line?
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  • Gaz83
    Gaz83 Posts: 4,047 Forumite
    1,000 Posts Combo Breaker
    stobXXZP wrote: »
    Hi. I had a letter through from Lowell group to my current address, chasing a Provident loan I supposedly took out in January 2010. Its the 1st correspondance from anyone on this matter and so I deem this as Statute barred anyway.
    I have contacted Lowell by email, provided the stated original agreement date and account number and the Lowell reference number. I stated this is a null and void account, as nobody has ever contacted me in the previous 6 years about this account and reminded them of the No contact limitation act. I also asked them to not contact me again.
    Had a reply, asking me to confirm my Address, Postcode and DOB, so they could 'look into the matter'.
    Q. Do I have to provide details asked for? Is it a sneaky way of trying to get money from me further down the line?
    When did you last make a payment to the loan and / or acknowledge it in writing?
    "Facism arrives as your friend. It will restore your honour, make you feel proud, protect your house, give you a job, clean up the neighbourhood, remind you of how great you once were, clear out the venal and the corrupt, remove anything you feel is unlike you... [it] doesn't walk in saying, "our programme means militias, mass imprisonments, transportations, war and persecution."
  • Did you take the loan out? you were careful to to use the word supposedly...

    If you never did then just ignore it...
    Thinking critically since 1996....
  • IT GETS COMPLICATED.....I did have a loan from Provident, 2007-2008 and fully paid it off. I had been in contact with the local Provident office a few times over a couple of late payments with their agent, near the end of that period, so I do believe that loan was completed without problem. I asked Provident for a 2nd loan in December 2010 but was refused point blank, due to my out in the sticks location. I did sign up with another lot called Greenwood in late December 2010, promptly moved because of an idiot landlord and made my 1st payment in January 2011 at my new address. The 1st agent didn't provide a payment book and never turned up for a 2nd payment. I gave it another week and a different agent took a 2nd payment, no payment book or receipt and disappeared too!! I rang Greenwood, only to be greeted by Provident on the phone. They did act as a separate company though, saying they would pass on my message about starting up payments again. Over the next 2 months and another 6 or 7 calls, they just would not send anyone out to collect payments or even call me!
    Now I don't know if these 2 companies operate as 1 or not, but for 1 to refuse a loan, then another to say yes, its a bit od?
    Don't know where to go with this
  • If you made a payment in Jan 2011, then it's not statute barred.

    Greenwood is part of Provident.
  • Lowell have provided their own paperwork stating original Provident loan January 2010, so I don't see where this comes from as I was then in a well paid job and would never have needed a loan....confused.
  • Provident refuse me, but Greenwood say yes...is that legal?
  • Absolutely. Different brands have different risk criteria.
  • stobXXZP
    stobXXZP Posts: 15 Forumite
    Eighth Anniversary 10 Posts
    edited 6 September 2016 at 12:04PM
    But they have the wrong year, will let em stew for a bit
    I know they've probably got me, but hey lets play!
  • mcpitman
    mcpitman Posts: 1,267 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    stobXXZP wrote: »
    Provident refuse me, but Greenwood say yes...is that legal?
    stobXXZP wrote: »
    But they have the wrong year, will let em stew for a bit
    I know they've probably got me, but hey lets play!

    Q1 - Answer = Yes.

    Q2 - How do you mean? You say you made the last payment Jan 2011, therefore you have interacted with the business by making a payment to a loan you had, therefore admitting you had the loan and acknowledging the debt.

    The 6 year rule (I believe) is no contact or payments or acknowledgement of the debt for 6 full years. So if they were writing to you in Feb 2017 you may have a point.

    Genuine question.... Did you borrow the money or not?
    Life isn't about the number of breaths we take, but the moments that take our breath away. Like choking....
  • Arleen
    Arleen Posts: 1,164 Forumite
    1,000 Posts Combo Breaker
    mcpitman wrote: »
    Q1 - Answer = Yes.

    Q2 - How do you mean? You say you made the last payment Jan 2011, therefore you have interacted with the business by making a payment to a loan you had, therefore admitting you had the loan and acknowledging the debt.

    The 6 year rule (I believe) is no contact or payments or acknowledgement of the debt for 6 full years. So if they were writing to you in Feb 2017 you may have a point.

    Genuine question.... Did you borrow the money or not?
    You are correct, it is 6 years form last ackowledge of the debt, payment counts as it so they have up until feb 2017 to take it to court and get a CCJ which will then stay on your file for at least another 6 years.

    Given that they are already chasing you for the money, I wouldn't expect them to go away, and while you may not admit that you did borrow it, it sure sounds like you did. And if you did, pay what you owe, that is where you should go with it.

    If you have doubts whether you have borrowed it, as years have passed, then only way to proceed is to produce the details they've asked for, as without confirming who you are they cannot talk to you about the loan. You might want to add in that letter that by sending this you are not acknowledging any debt but merely inquiry about it to try to figure the case out. You don't need to put that in, but it won't hurt and usually lets them know that you are at least partially aware of the law.
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