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Lowell chasing me after 9 years!

Dear All,

For the last 9 years I have been living and working abroad teaching and now I have returned and have settled back in the UK after my adventure.

About a month ago I received a letter and an email from Lowell debt collection, stating that I owed them 800GBP for a credit card debt that was that with Vanquis Bank that I thought I had settled in 2012. I do remember having the card but I am convinced I settled it, unfortunately, before returning to the UK, I had an admin day and cleared out all my old bank statements.

I have not acknowledged anything with Lowell yet, as according to my calculations and my credit report, it will be statute barred on the 31st December 2021. This debt is on my report and is showing as defaulted.

I have received no prior communication from Vanquis or Lowell proceeding the last communication, either by post or email (our previous landlord forwarded mail to a family member for several years after I went abroad) and the email Lowell contacted me on is at least 15 years old!

How should I deal with Lowell's request and is there anything i can do to slow down the process, so the bar limit passes or are they likely to up the anti and CCJ me before the deadline, which i don't want as I am trying to get a mortgage.

In anticipation,

Edforce1
«1

Comments

  • mcpitman
    mcpitman Posts: 1,267 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Send them a "prove it" letter (in stickies at top of forum).
    Life isn't about the number of breaths we take, but the moments that take our breath away. Like choking....
  • fatbelly
    fatbelly Posts: 22,104 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    edited 11 November 2021 at 10:22AM
    Followed by a statute barred letter  when it is* (if they haven't already get a ccj on this) - also in the stickies

    https://forums.moneysavingexpert.com/discussion/6027755/statute-barred-debts-and-the-limitation-act

    *Are you saying that the default date was 2015? They took 3 years to issue a default?
  • Yes, it took 3 years, my credit report shows the debt from 2012, but default date is 2015. I left the country that year and thought I had paid the debt. They had my email as stated and I had nothing until I returned last year and was back on the electoral register!
  • There is no CCJ, just shows as default on my credit report. I am worried that because the debt is statute barred on 31/12/2021 they may issue one, hence why I want to sort it.
  • fatbelly
    fatbelly Posts: 22,104 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    edited 11 November 2021 at 6:47PM
    They can't just issue a ccj.

    Even before they can start a court claim they have to follow pre-action protocol and send a standard letter giving you 30 days to respond.

    Let us know if you get one.

    At the moment the prove-it is an appropriate response. Then in January you might want to send the 4th letter in that thread I linked to earlier
  • sourcrates
    sourcrates Posts: 30,576 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    The default date is 2015, but when did you make the last payment to the account ?

    Earlier than that I would have thought.

    The cause of action date can be either the default date, or the date of the last payment/written acknowledgement, which ever occurred last.

    Its likely this is already statute barred
    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

  • I am pretty sure I paid it off in 2012, so that would have been the last payment but I can't prove due to bank not keeping records and me throwing old bank statements away. From what I can see I can tie them up with letters past the 31st and the debt advice like have confirmed cthis. Thank you all, I will start the letter process tomorrow. Thanks again.
  • fatbelly
    fatbelly Posts: 22,104 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    If Lowell were going down the court route within the 6 years they would already have this with their solicitors (can't remember the new name). They may have invented the default date but anyway this will be over in 6 or 7 weeks.

    I agree there's already a statute barred argument but it's safer to let it get beyond 31 December and then send the SB letter.

    You can easily string it out till then.
  • sourcrates
    sourcrates Posts: 30,576 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    fatbelly said:
    If Lowell were going down the court route within the 6 years they would already have this with their solicitors (can't remember the new name). 
    Some they keep inhouse, and since 2015, mostly under the banner of "Lowell Solicitors"  some they farm out to "Overdales" who operate from Bradford.
    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
  • sourcrates
    sourcrates Posts: 30,576 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Edforce1 said:

    I am pretty sure I paid it off in 2012, so that would have been the last payment but I can't prove due to bank not keeping records and me throwing old bank statements away. 
    Well that`s the thing, you don`t have to prove anything, the onus is on them to come up with any evidence to support their stance.

    The "provit" letter is specifically worded so as not to acknowledge the debt, so if you have to edit it at all, be very careful that you admit to nothing.
    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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