Lowell - Default date query

dmdmdm

I will do that.  thank you

fatbelly

If i read this correctly they have not started a court claim, though have sent the pre-action letter.

You are asserting this is statute barred.

If they started court claim today they would have to show that the cause of action, or subsequent acknowledgement, was after Feb 2017

They may state that the default date was Aug 2017, but there seems no evidence that a default notice was sent at that time and, from their timeline, it should have been sent in 2016.

There's also the strong possibility that no actual agreement exists

dmdmdm

Hi, thank you for taking the time to reply to my post.

The first I had heard from Lowell about this was in 2018.  I contacted them by letter to say I had no recollection of this debt, which is when they sent me the pre action protocol form and some details in the letter stating that I'd made payments of £6 between August 2016 and January 2019, none of which I have found on my bank statements.  When I returned the pre action protocol form to them,  I think I ticked the "I don't know whether I owe this debt".  They didn't provide me with any further information and In may 2019, they said they were passing this back to their client as they hadn't been provided with any information to give me.  I really don't recall this debt from back in 2012 and apart from one other small debt I have, that I'm paying regularly, as far as I am concerned, I have no other debts at all.  Not sure if it makes a difference as I thought it was the same company, it was Lowell solicitors who contacted me in 2018 with the pre action protocol form and by stating they were passing this back to their client, they meant Lowell. 

4 years later in Sept 2022 Lowell have started contacting me again about this with information just typed in their letter, stating that I made a payment of £2 in May 2016 (which doesn't correspond with their original letter stating I'd made payments between 2016 and 2019) and that I defaulted in August 2017.  I think this must've been when Lowell bought the debt, but I can assure you I did not receive any correspondence or a default notice from JD williams, nor did I cancel any direct debit resulting in defaulting payments or any "bounced" direct debit payments.  I cannot find any direct debit or other payment correspondence from JD williams and I probably keep too much paperwork from the past.  I thought they were supposed to provide me with evidence of a signed credit agreement or something, but they've only given me some information typed in their letter, which has differed from what they said back in 2018!!

To be honest, I'm so totally confused by the whole situation - I feel like I'm doubting my own mind!!

I have said that regardless of it all, the debt would be statute barred by now surely?  

fatbelly

If they did start a court claim, then, you do a cca request to the creditor (Lowell now that they have bought the debt) and a cpr request to the solicitors asking them for proof of everything mentioned in the particulars of claim.

You seem to have two main defences: no signed agreement and statute barred. I doubt they will try it.

I agree with sourcrates that writing to them to set out your position should kill this one.

dmdmdm

There has never been any court claim initiated, but I will write to them again reiterating my position.

Thank you very much fatbelly and sourcrates, your input has been very much appreciated and your advice has been helpful, not only in the practical sense, but mentally, too.