Lowell Group - anyone had dealings?

col3k2000

I have an old debt and had forgotten about it till i got a letter of the lowell group who claimed to have bought my debt off abbey national, asking me to call them to arrange something.

I am not sure what to do next, the account has no been used for around 4 or 5 years, and is for a student overdraft, of which was £1000 but somehow the debt has now risen to over £1200.

Any help much appreciated. Dont mind rewriting the letter on here if it helps

itsnever2lateisit?

Whatever you do DONT call them, conduct all communication in writing, and dont give them your phone number. All they will do it call you xx times a day demanding payment and threatening you with all sorts of nasties that they simply cannot do, but it frightens you, particularly if you do not know your rights.
They are a DCA and have purchased this 'debt' for a pittance.

Can you remember exactly how long ago you last made a payment, or acknowledged the debt in writing?

The extra £200 is made up of interest and charges in all probability

RAS

Are you in Scotland or England and Wales?
And it is important, when did you last pay on this.

have you requested your credit checks from Experien etc recently and is it on there?

In the mean-time, please do not phone these people and do not write until you have advice.

col3k2000

i checked my credit record, it says it defaulted in 2004, which was around the time i wrote to them telling them i was moving address.

i have not made any debits or credits since around 2001 or 2002 time

and i am based in england

many thank in advance for your help

RAS

Hi

It rather depends what you wrote in that letter in 2004. If you acknowledged the debt and they still have the letter, you may have to pay. if you did not, then it may be statute barred - the date on this is 6 years from the last acknowledgement in writing or by payment. Any ideas on the exact date. These debts have a habit of appearing just before the deadline

Homework

They sent me a letter saying I owe £2000, I am paying them the £600 actual owed figure through Payplan. I did phone them as I was more than a bit cross and they went away.

col3k2000

it was a very basic letter saying literally my account number and name and that i had changed address. Noting to acknowledge the debt.

would it still not be classed as satute barred as i wrote to them in 2004?

is there anyway of finding out?

also any ideas what or if i should write to the lowell group in the meantime?

thanks for your continued help

RAS

Well the only way to find out is to ask them for the documents that prove you are still liable.

You may be but it is worth checking. Lowell turn up re statute barrred debts a lot.

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.

angry_debtor

there favourite line is that u are "moraly obliged to pay this" if u have not made any payment on acc for 6 years they legaly cant do anythign and it will also not affect ur credit file. ask them out if its sta barr they have to tell you. then adv them that you are not going to pay this and they will have to close the acc. the people that call u work on comission so they will use different tactics on u to get payment so stick to ur guns and dont budge.