Lowells

Vaughfitz

I have very old debts which may now be statute barred i need to check dates etc, but the company Lowell have now got my debts and are relentlessly trying to get me to contact them, these debts are between 10-15 years plus old can i carry on assuming these debts are now unable to be collected, 

ManyWays

It doesn't matter how old they are what matters is when you last make any payment to these debts? 

fatbelly

Lowell are not too bad in stopping collection when asked, if an account is genuinely statute barred - this is in line with CONC guidance which says they can pursue them but must stop if asked.

Before contacting them, you should check if any appear on any credit reference agency file. Remember there are three to check.

If the default date is more than six years ago, they should not appear, and provide you haven't acknowledged them by payment or in writing since that date, and no-one has started a court claim on them, then you should be OK to ask them to stop.

I have seen many posters over the years who have just fired off a statute barred letter without doing their research first. Obviously that can do more harm than good.

The safe option is just to bin their letters but respond to a court claim or a pre-action letter. This is a formal thing with a reply form and a 30-day limit.

Vaughfitz

from googling this company it seems that they are heavy handed and can send round enforcement people which is what has made me worry, when it was cabot and then hoist finance i did not have anything more than letters
My credit file is excellent and there are no debts of any kind on there, this is with credit Karma, I had a ccj again from 20 years ago which is not on there either
How would i ask them to stop? with the Statute Barred letter

fatbelly

They have no authority to send bailiffs without a court order and they do not send around agents as it would be a waste of everyone's time.

So Credit Karma (Transunion) is clear. Check Experian and Equifax. You don;'t ned to pay anything. A statutory check would be fine

https://www.moneysavingexpert.com/loans/check-free-credit-report/

If it's all clear and you really need them to stop their letters then there is a standard letter in the stickies

Vaughfitz

I have checked my score on the three you suggested my score is 871 out of 1000 with nothing on any report of the three, what do you suggest I do with these people who are harrassing me? greatful of any advice, many thanks, I have no clue what a 'Stickie' is?

CliveOfIndia

Vaughfitz said:

I have checked my score on the three you suggested my score is 871 out of 1000 with nothing on any report of the three, what do you suggest I do with these people who are harrassing me? greatful of any advice, many thanks, I have no clue what a 'Stickie' is?

Your score is irrelevant (it's always irrelevant when discussing anything to do with credit, even more so for your particular scenario).  It's the data contained within your file that's key.

The Stickies are here: https://forums.moneysavingexpert.com/discussion/6027800/debt-free-wannabe-sticky-provit-statute-barred-letters-defaults-help-and-guidance-all-here#latest

It contains general information and template letters for various situations.

You need to send them the "Statute Barred" letter - assuming that the debts have genuinely dropped off all three of your credit reports.

fatbelly

Thank you, Clive

Vaughfitz

I have sent the three debts a CCA with the hope that there is not a full credit history, as the debt was many years ago, i did this as they said they were not statute barred there was 5 years with out payment, if i get no joy with the CCa should i just try to avoid for the one year i need for it to be statute barred, are they likely to take me to court for debts that are over 15 years old, many thanks

fatbelly

As I said before 

The safe option is just to bin their letters but respond to a court claim or a pre-action letter. This is a formal thing with a reply form and a 30-day limit.

The reason no-one recommended a cca request on these is that it is a grey area as to whether such a request could count as an acknowledgement.

I think you should stop engaging with them now

sourcrates

I agree with fatbelly, as a rule of thumb, you can`t ask for information about someone else's debt, so a CCA request would be a technical acknowledgment of the debt, and could re-set the time clock.

So bang would go your statute barred defence.