Lowell help needed!

Hi all,

2 weeks ago I sent a letter to Lowell on my partners behalf quoting 2 different reference numbers, they had provided,  as they have been continually ring and emailing him daily I followed the profit template I got on here and below is the response he received today via email.
Whats the next step? any advice or help. BTW nothing comes up on my partners credit rating for this?

Dear Mr XXXX

Thank you for your recent correspondence regarding the above mentioned account, the contents of which have been noted.

 Responding to your document request

 We write in response to your request for information under sections 77-79 of the Consumer Credit Act 1974. The duty to supply documentation under Section 77-79 of the Act does not apply to an account that relates to a current bank account. In accordance with Section 74(b) of the Consumer Credit Act 1974 there is no requirement to supply a copy of the agreement for current bank accounts.

Please see below the information we can provide with regards to this account:

•             Agreement start date: 23/09/2004

•             Product name: Barclaycard

•             Client Last Payment Date: 18/02/2010

•             Client Last Payment Value: £50.00

•             Default Date: 02/12/2010

•             Default Balance: £1611.58

We understand that the balance outstanding is valid and owing. 

Please contact us with your repayment proposals

 

We kindly ask that you contact us to discuss your intentions towards the account. Call our team on 0333 556 5733 or email us at post@lowellgroup.co.uk and we’ll be happy to help you set an affordable repayment plan with your preferred payment method. 

 

We’ve placed your account on hold for 30 days from the date of this email. This is to allow you time to review the information we have provided and get back to us. 

 

We trust this clarifies our position.   

 

Yours sincerely  

 

Privacy Team




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Comments

  • fatbelly
    fatbelly Posts: 22,518 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    Defaulted 2/12/10. Did you acknowledge the debt  by payment or in  writing between then and 2/12/16?

    If not, it became statute barred at the end of  2016  and you can send this

    https://www.nationaldebtline.org/EW/sampleletters/Pages/Time-has-run-out-to-recover-the-debt-%28sole-name%29.aspx
  • sourcrates
    sourcrates Posts: 31,014 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 3 June 2020 at 7:08PM
    Hi,
    Gotta love Lowell, a perfect example of a debt collectors stupidity, looks like you sent a CCA request, rather than a provit letter, however, thats by the bye, look at the dates, nearly 10 years since default and last payment, this account went statute barred approx 4 years ago, I assume you are aware of the Limitation act 1980 ?

    Time limit for actions founded on simple contract -
    "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"
    The cause of action in this case being the date of default, this means that although they can ask you to pay, they cannot use the courts to enforce their rights any longer, once you tell them its statute barred, they will usually wither away and die.


    send them the statute barred letter, available from here, tell them to look at their own evidence for proof -



    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • mmikailian
    mmikailian Posts: 335 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    edited 4 June 2020 at 10:04AM
    fatbelly said:
    Defaulted 2/12/10. Did you acknowledge the debt  by payment or in  writing between then and 2/12/16?

    If not, it became statute barred at the end of  2016  and you can send this

    https://www.nationaldebtline.org/EW/sampleletters/Pages/Time-has-run-out-to-recover-the-debt-%28sole-name%29.aspx
    No he didn't do anything just ignored them! The last letter we sent we paid £2 for each reference number they provided?

  • fatbelly
    fatbelly Posts: 22,518 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    fatbelly said:
    Defaulted 2/12/10. Did you acknowledge the debt  by payment or in  writing between then and 2/12/16?

    If not, it became statute barred at the end of  2016  and you can send this

    https://www.nationaldebtline.org/EW/sampleletters/Pages/Time-has-run-out-to-recover-the-debt-%28sole-name%29.aspx
    No he didn't do anything just ignored them! The last letter we sent we paid £2 for each reference number they provided?

    As long as that was after the end of 2016 that doesn't change anything.

    Though they may say it does. That was an odd thing to do.  £1 per account is the fee for a cca request
  • sourcrates
    sourcrates Posts: 31,014 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    fatbelly said:
    That was an odd thing to do.  £1 per account is the fee for a cca request
    Look at the top of Lowell`s letter, it was a CCA request she made.

    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • chanz4
    chanz4 Posts: 11,057 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Xmas Saver!
    The debt says Barclaycard so why are they reffering to current account?
    Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.
  • mmikailian
    mmikailian Posts: 335 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Thanks for all ur help I sent the barred letter and got this back? Any advise ? 

    Complaint Reference: xxxxx

    Thank you for taking the time to contact us.

    We’re looking into your complaint 

    The Customer Relations Team will now carry out a thorough investigation into your concerns. We may contact you again with an update, or to request further information.

    As this email address has not been authorised for our customer, could you please confirm your date of birth and postal address, including postcode.

    If we’re unable to confirm your identity, our final response will be sent to the postal address we hold on record.

     What happens next?

    When we’ve completed our investigation we’ll write again with our resolution. A copy of our internal Complaints Procedure is attached which provides information on expected timescales to respond to your complaint.

     In the meantime, if you have any queries, please don’t hesitate to call the Customer Relations team on Freephone 0800 542 0058. Yours sincerely

  • sourcrates
    sourcrates Posts: 31,014 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 31 July 2020 at 12:20PM
    Statute barred corresspondence should, ideally be sent through the post, and not by email, as its not secure, and the sender cannot be verified unless they pass security checks.
    Its for your safety as much as anything.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • mmikailian
    mmikailian Posts: 335 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    So are you saying the email which they have been corresponding to us in is now not verified? 
  • sourcrates
    sourcrates Posts: 31,014 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    So are you saying the email which they have been corresponding to us in is now not verified? 

    I`m just explaining the debt collectors point of view, they are quite happy to use the email contact details given to them to badger you for payment, however, should you dispute some aspect of the debt, suddenly GDPR hoves into view.
    If you respond in writing, in a correctly set out letter, then it avoids GDPR issues altogether, as it is deemed to have come from the debtor.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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