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Hassle by Lowell, what next and in what order? Help.

deviant1966
Posts: 20 Forumite
Hi all, Im being hassled with the usual threats from Lowell Financial after just moving house.
A couple of questions.
Im nearly 90% sure the old debt is statute barred. At what point should I send the letter? Also if it turns out its not statute barred at what point should I request a signed CCA? Which should I do first?
I have not changed my address with the credit reference agency's yet but there is obviously live credit at my new address. I can see from my own searches at my previous address there is no CCJ against this debt and it has disapeared (I assume its the default is now at my current address) Can they obtain a CCJ without me knowing and would I get any prior warning of this?
Thanks in advance for any views
A couple of questions.
Im nearly 90% sure the old debt is statute barred. At what point should I send the letter? Also if it turns out its not statute barred at what point should I request a signed CCA? Which should I do first?
I have not changed my address with the credit reference agency's yet but there is obviously live credit at my new address. I can see from my own searches at my previous address there is no CCJ against this debt and it has disapeared (I assume its the default is now at my current address) Can they obtain a CCJ without me knowing and would I get any prior warning of this?
Thanks in advance for any views
0
Comments
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I would be inclined to send them the 'statute barred' letter - It would be up to Lowell to PROVE that you had made no payment towards or acknowledged in writing, the debt.
However, if you are at all worried, ask them to provide a true signed copy of the original signed cca.
Either course of action would, effectively, put the 'debt' in dispute and they would be unable to initiate any court procedings whilst a 'debt' is in dispute.
Given Lowell's appalling record, I would not be at all surprised if this 'debt' is legally unenforceable.
Let us know if you need links to template letters.
Good Luck.I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.
HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7
DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS0 -
Many thanks for a speedy reply! I am concerned and you mention to send them a request for the true signed cca. Should I do that first or go in with the statute barred letter?
Also should I just wait and see what comes thru my door next or get writing now? I have made no contact with them yet.
To date Ive had three letters and how stupid is this.... a post card (which came via the post!) saying "we called on you today and sorry we missed you, we will be back after 5pm today unless you call! Doh, sent with a second class stamp on it!0 -
Sorry for the delay, deviant - have a look at the following post - it will help you decide which is the best option to pursue (there are, also, links to template letters that you can use)
Hope that helps.I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.
HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7
DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS0 -
I really wouldn't advise signing any documents you send to them, don't put it past them to scan your signature onto a agreement and then try and palm it off as enforcable. I would suggest using a digital signature from the following website
http://www.mylivesignature.com/
regards,
shane0 -
I really wouldn't advise signing any documents you send to them, don't put it past them to scan your signature onto a agreement and then try and palm it off as enforcable. I would suggest using a digital signature from the following website
http://www.mylivesignature.com/
regards,
shane
:eek: :eek: :eek:
What a horrible thought ~ BUT I wouldn't put it past a certain MD of the company :mad::heartpuls baby no3 due 16th November :heartpulsTEAM YELLOWDFD 16/6/10"Shut your gob! Or I'll come round your houses and stamp on all your toys" The ONE, the ONLY, the LEGENDARY Gene Hunt :heart2:0 -
I've seen it done quite a few times, in one case the debtor deliberately 'altered' her signature so that it would be recognizable should the DCA scan it which they did! Needless to say they are in trouble!
Using digital signatures solves the problem completely
regards,
shane0 -
You are kidding? Signatures being scanned! Is using a digital signature legally acceptable?
Also Im still trying to find out if its worth waiting any longer to see if I hear any more from them at Lowell or if I should post the letter on Monday?
Which letter would you send first given my circumstances (see first post) the statute barred letter or the request for the CCA.
Regards to all.0 -
deviant1966 wrote: »Which letter would you send first given my circumstances (see first post) the statute barred letter or the request for the CCA.
Personally - Statute Barred as you do NOT have to enclose a fee and the onus is totally on the 'chancers' at Lowell to provide you with any proof that you have made written acknowledgement, or made any payment, within a six year period.
I would advise that you prefix your letter with the words "I acknowledge NO debt to your Company, or any other company that you claim to represent"
In the event that they do come up with some 'proof' of written acknowledgement or payment then you can go down the cca route. It is a common practice for DCAs to put the statutory payment, that 'debtors' send when asking for a cca, towards the 'alleged debt' and later claim that you have made a payment towards that debt.
Be very wary of Lowell - they are more slippery than a bucket of eels - and, once they realise that there is nothing they can, legally, do to pursue the 'alleged debt' they will, probably pass it on to their bedfellows 'MacKenzie Hall' who inhabit the next lower level of the 'murky' swampland of debt collection.I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.
HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7
DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS0 -
Rog,
You should write a book, would make an excellent readBR 4/10/07
ED 11/04/08
BSC Member No 930 -
You should write a book, would make an excellent read
Couldn't even write a cheque at the moment, wb. :rotfl: :rotfl:I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.
HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7
DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS0
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