Debt recovery after 6 years??

Tia0101

Hi all, just looking for advice please... i know you are all good at that! :T

My mum has recieved a letter from a company called Lowell portfolio I Ltd saying that they have bought a debt from T Mobile dating back to 2001 and that she owes £116.47 there was also a letter in there from T mobile stating that the debt had indeed been sold on.

This is the first ever letter she has had from either them or T Mobile and had no idea she owed them anything at all She did have an account with them but cancelled at the end of her 12 month contract and didnt hear anything since.

There is a mention in the letter of a debt company called Red Debt collection services??? I am confused!

Does she have to repay this even though its been 6 years?

Any advicewould be appreciated!

Tia x

GirlieSurfer

As far as I am aware if there has been no contact regarding the debt within the last 6 years the debt is statute barred which means that they cannot enforce recovery.

If I am right (I'm 98% sure!) then some other more knowledgeable member will be able to post a template letter that you should send to them. Hopefully you will get a difinative answer shortly.

Bumping this up the list to bring it to everyone's attention.

GirlieSurfer

Burlesque_Babe

Lowell buy old debts for pennies and then contact the person looking to get them to pay. If the debt is over 6 years old it is statute barred and cannot be chased.

Search on statute barred on the forum for a few threads and what to say to them.

Gale_10

Hello Tia,

I have found this letter, many thanks to RAS, which you can send.

WITHOUT PREJUDICE

Dear Sir/Madam
Account No:
You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.
I/we would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".
I/we would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".
The last correspondence/payment/acknowledgement or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.
The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".
I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.
I/we look forward to your reply.
Yours faithfully
(Your signature)

Expect them to suggest that the debt still exists, which it does, but they cannot enforce it or affect your credit record. Also expect the suggestion that you still have a moral obligation to pay. I personally wouldn't bother. These people buy debts for very little money and although they are well aware that it is not lawful to intimidate people into paying, thats basically what they do.

Do not phone these people as they will bully you over the phone, write to them and tell them that you will only deal with them in writing.

Hope that is of use to you.

Gale

Tia0101

Thank you all so much!! I will print off the template letter and hopefully they will go away!! Horrible debt collectors....

Tia xx

saab_pilot

Hi Tia
Having had similar problems with these people myself please ensure you keep a copy of your letters to them, and send them "signed for" delivery in the post (costs about £1) They do give a bit of hassle but keep sending the same letter to them if only "worded" a little different each time. Tell mum not to worry, they give up in the end. Under no account, telephone these people. Try and use a printer signature as opposed to your real signature. Have heard reports these people try and copy your signature!!!!!

Alfie_E

Gale_10 wrote: »

Expect them to suggest that the debt still exists, which it does…

Or does it? T-Mobile’s belief that Tia’s mum owes money could just as likely be due to an administrative mistake. The Limitation Act is there to avoid problems like that. You can’t have a company turning up making claims after 7, 10, 20 years of no contact and be expected to be able to produce evidence to counter those claims.

Gale_10

I kind of meant to them it exists. I don't think it should be paid. These companies need a good kick up the backside if you ask me. Would love to see them regulated to the hilt. If they ever come after me I am going to try and see if I can hit them with a CCJ and make them lose their license.

I didn't mean for my post to come across as anything but supportive.

Gale

tigerfeet2006

I would suggest that instead of 'Without Prejudice' I would put ' I do not acknoledge any debt to you or any associated companies.'

Also don't forget to send it recorded delivery so you can prove it has been recieved and who signed for it.

woolfordjnr

Hi all! I have just had RED DEBT contact my wife under her maiden name, So they are chasing the wrong person or the right person dependant on which way you look at it!:rotfl: BUT BUT BUT without going down that line i shall just respond the same way to which i did with.. and some may know these people McKenzie Hall debt collectors based in scotland. I wrote to them with this letter template which was kindly supplied to me by a very kind debt lawyer who gave me invaluable advise for free (very nice man) and emailed this template! I MUST STRESS THIS... i sent this ONCE and.... never got any more grief ever again:T .... apart from it looks like RED have purchased the debt or theyre the same under a new banner, Either way they are having this letter. This letter differs from some i have seen as it really put the the DEBT people in a position of proovinng the debt in some deatil and lets them know of the consequences of not doing so and persuing in the fashion theyre scaring you into thinking will happen (YEAH RIGHT).....

Hi
The best way to deal with them is to reply to them using the following statements :-
]I do not acknowledge ANY debt to your company[/b]. I require you to supply the following documentation before I will correspond further on this matter.
1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.
2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.
3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.
Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.
As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.
Take note at this stage, that any legal action you may contemplate will be both vigorously defended
Send the letter recorded delivery and keep a copy.
If you have any other financial problems we would be happy to assist. Should you want us to do a FREE, proper assessment of your credit commitments. Call us direct on 01732451133
Wally Stone
Senior adviser
GOOD LUCK ALL hope this help

Woolfordjnr:money:

woolfordjnr

ps Barclays charges reclaimed :beer: £2200:beer: