Advice Needed please

nearlythere1980

Hi All,

After nearly 10 years of worry & stress, and the last 4yrs of paying into a Trust Deed - I am nearly there. Or so i thought.....

Last week, i recieved a letter from my Trustee advising that they were going to discharge me - what a great feeling. The last 48 months, all payments successfully made on time

The following day, I recieved a letter from "Lowell" advising me that they had purchased a debt from Eon for £432.40 - this "sale" took place in May this year. After checking frantically through all my Trust Deed notes, this was not actually listed as debt in my trust deed

This debt "appears" to be from pre Sept 2014 and since the trust deed was set up, I've not heard from them. Seems very coincidental that my trust deed is up that I receive a letter like this

What should I do next?
They obviously want me to contact them to set up a repayment plan, however, I am reluctant to do so until I have more information at my disposal. I also do not want to speak to my Trustee, incase it jeapordises anything with regards to the Trust Deed as I have checked the AIB website and my discharge date has not yet been listed.

Your thoughts, help and advice would be greatly appreciated

sourcrates

Hi,


Send provit letter to Lowell, available from the sticky threads.


Do the back billing regulations apply here ?


Also the limitations period in Scotland is 5 years, when was your last payment to this debt ?


In Scottish law the debt is extinguished after 5 years.


Google is your freind.

nearlythere1980

hi sourcrates

thanks for the reply

i'm not 100% sure when the last payment was made - ive had my existing bank account for just over 4 years, because i took a new one out before I entered the Trust Deed. Im pretty confident, in that period I've been with the same supplier as this also co-incided with me moving home

i wasnt sure if I should engage with Lowell due to the fact I have no hard evidence about anything that relates to this debt - i will look into the provit letter, I just didnt want to engage with them as i was under the impression that this led me into new "agreement"

i was so delighted that i had recieved a letter about being discharged from the PTD, and that all of this was now behind me

sourcrates

nearlythere1980 wrote: »

hi sourcrates

thanks for the reply

i'm not 100% sure when the last payment was made - ive had my existing bank account for just over 4 years, because i took a new one out before I entered the Trust Deed. Im pretty confident, in that period I've been with the same supplier as this also co-incided with me moving home

i wasnt sure if I should engage with Lowell due to the fact I have no hard evidence about anything that relates to this debt - i will look into the provit letter, I just didnt want to engage with them as i was under the impression that this led me into new "agreement"

i was so delighted that i had recieved a letter about being discharged from the PTD, and that all of this was now behind me

Speaking or writing to Lowell does not admit liability for anything.

It’s best to engage with them, as they are renowned for taking legal action if ignored.

Asking for proof of the debt does not acknowledge anything either, and is a good first step.

nearlythere1980

looked into this last night and managed to discover that this was my supplier for a couple of years before i moved home. it also appears they were my supplier for 12 months in my new home before i switched suppliers
i cannot check when they were last paid, as my existing current account only shows details going back to 2015 - the last payment appears to have been Sept 2014 as my current supplier started in Oct 2014 (checked this online)

So what is the best way to approach this? Still send the provit letter?
Are they likely / unlikely to agree a reduced " deal" with me?
Will they know about my Trust Deed? Should I mention it?
Can I say to them, I'm in a Trust Deed? even though it is finished but I have not yet been discharged?

One of my main concerns, is that after 4 years of trying to fix this mess, something will remain on my credit file whilst everything else will soon be resolved

Thanks as always