Lowell - Default date query

dmdmdm

Hi, I received a letter a little while ago from Lowell about an old debt that I didn't remember.  I wrote back to them, I didn't admit to the debt but I also told them that in any event, it would be a statue barred (I have not had any loans or credit for many years now and don't have any debts).  Anyway, I have received the following letter back from them (just the relevant info copied)

"We have noted your letter and can advise that your account is not statue barred under the Limitation Act 1980.

This is because the full balance became due after you defaulted on the original agreement.  According to the original company, the default date was 20/08/2017 and the debt remains enforceable for 6 years after this date.

We can advise the following details for the account:

Agreement start date: 20/05/2012
Last Item purchased date: 12/07/2012 (£32)
Client last payment date: 02/05/2016
Client Last Payment: £2

If you wish to dispute the account further, please provide us with full details of your dispute and any supporting documentation as evidence so we can investigate this further" (!!!!!!)

The debt is for a JD williams account.

I'm a bit confused as to what they are claiming to be the default date as I thought it would've been the date of last payment - I definitely haven't ever acknowledged this debt nor would have made any communication in writing or otherwise with JD williams nor any other company about this debt.

Please could someone help clarify the default date.

Thank you

sourcrates

Recent appeal court ruling has determined the date of default to be the cause of action date for most loans/credit agreements etc.

I would query the £2 payment, unless you recall making it, as DCA`s invent small payments such as this to deter you from following through with your defence.

And just remember, you don`t have to provide proof of anything, you stick to your guns, the onus is entirely on them to prove what they say is correct, you don`t have to prove anything.

dmdmdm

Thank you for your reply.  On searching my bank statements, I can't find anything for a payment for £2 that could relate to this. If possible, could you recommend which letter from the templates I can use to send, please?  Sorry if I'm being a pain.

sourcrates

dmdmdm said:

Thank you for your reply.  On searching my bank statements, I can't find anything for a payment for £2 that could relate to this. If possible, could you recommend which letter from the templates I can use to send, please?  Sorry if I'm being a pain.

Well, there isn`t one I know of you simply write and tell them that £2 is not recognised, but that would be by the bye, I would assume the default date will be the cause of action date here, and that the account is still collectable, so that point is now lost.

However, these catalogue companies were notoriously negligent at keeping compliant paperwork, so if I were you, a request under sec 77/79 CCA (CCA Request) would be my next port of call.

dmdmdm

Hello again, I have been searching through some old paperwork and I have come across some previous letters from Lowell solicitors (are these the same company ad "Lowell") for this debt from late 2018/early 2019.  I must have returned to lowell solicitors a pre action protocol form which I think is the form where you tick a box asking them to "prove it". 

 I then received a letter each month until April 2019 just stating

"our client is compiling a response to the points raised in the pre action protocol reply form  and we will provide an update in due course"

until May 2019 when I received a letter from Lowell solicitors stating

"our client has not yet been able to provide us with a full response and has requested we return your case to them.  Please direct any future correspondence to them".

I think "them" must mean Lowell portfolio??!!

Anyhow, I have not received any more correspondence from Lowell until the end of September 2022 just offering a reduced settlement amount.  This is when I contacted them to tell them the debt is statue barred and the reply from them is the one I mentioned in my first post. (sorry if this is confusing, I am totally confused by all of it tbh!!)  One of their letters has a kind of statement attached which makes out that have made payments of £6 between August 2018 and January 2019 - I have searched my bank account and there is nothing, so I think you may be right that they have made this up.

I cannot find any other paperwork relating to this debt, nor a notice of default.  This is making me think that they don't have any proof at all.

It really isn't on that this company are making things up, it's had a huge impact on my anxiety over the last few weeks as well as them keep calling me once or twice everyday for about 3 weeks and until they received my last letter.  The trouble is I have an anxiety disorder, and when I'm put under pressure or harassed, I get so confused and can't think clearly about anything.  

sourcrates

You have three issues here, the first is you are claiming its statute barred, they say it`s not, and if that is the correct default date, they are correct.

Secondly you are disputing the last payment, again, that is of little consequence as a recent appeal court ruling concluded the date of default to be the cause of action date, so again, that is by the bye.

So, your third issue, and let me get this straight, putting aside the default situation for now, they have not been able to provide evidence of your liability for this debt, is that correct ?

Because if that is the case, then the debt will be unenforceable, and will remain that way until they do so.

dmdmdm

Thank you for your help.  I sent them the pre action protocol form back in 2018 and they sent back replies stating they were still awaiting information from their client.  These letters ceased in May 2019 and I've nothing until now.  I'm not sure whether I should contact them again with a "prove it" letter ?

sourcrates

dmdmdm said:

Thank you for your help.  I sent them the pre action protocol form back in 2018 and they sent back replies stating they were still awaiting information from their client.  These letters ceased in May 2019 and I've nothing until now.  I'm not sure whether I should contact them again with a "prove it" letter ?

If you asked for evidence in 2018, and they have not yet replied, then as stated above, the debt is currently unenforceable in court.

You could write back, thanking them for their letter, and then draw their attention to the fact you asked for evidence of liability in 2018, and that evidence still has not been provided, and until it is, your position remains unchanged.

dmdmdm

Hi again, I know this is an older post of mine, but Lowell still keep repeatedly contacting me.  I contacted them to let them know that I returned a pre action protocol form back in 2018 and that they had not been able to provide me with the relevant information and that my position remains unchanged.  I do know that I have not defaulted on any payments, nor do I have any cancelled direct debits  

dmdmdm

Sorry, I hadn't finished my post!!

................ so the fact that they are saying I have defaulted in August 2017 is untrue.

The letters they now keep sending me on a monthly basis are saying that I have said that I believe that the account was taken out fraudulently - this is not the case.  They are now asking for the following information

Have you previously been a guarantor or opened an account for a third party
Have you ever held an account with JD williams
Did anyone else have access to (my address) while this account was active
Do you recognise the phone number xxxxxxxxxx
Have you previously been a victim of fraud
         If so please can you provide us with details regarding this and any crime reference numbers for this
When were you first made aware of this account
Have you contacted JD williams about this matter
       If so when was this done and what was their response
Have you contacted the police regarding this account
       If so when was this done and what is the crime reference number

Once we have received the answers to the above questions, we can look into this matter further for you.

Now what do I do?  

Thank you in advance for your help

sourcrates

Write back telling them that is not your issue, and re-iterating what your issue actually is.