Sneaky Lowell

Lowell sent me a letter out of the blue saying that they had bought an old debt from hoist. Now i knew this was statue barred as i hadnt made a payment since around 2014. They started bombarding me with calls so i sent them an email asking to prove that it is mine or prove that it is not statue barred.

Look at the cheek of the reply

Good morning,

 

Thank you for your email.

 

Responding to your query

 

I understand you have been contacted in regards to this account. Please see below in regards to your account:

 

  • Account opened on 27/09/2010
  • Brand name: New Day
  • Last payment was made on 08/07/2013 for £3.51
  • Default date 29/03/2013

 

Your account is not statute barred under the Limitation Act 1980.

 

This is because a debt is enforceable for 6 years from the date of your last payment. The original creditor has informed us that a payment of £3.51 was made to this account on 29/03/2013

 

Based on the information that I have provided, please confirm how you wish to proceed with the account.

«1

Comments

  • i dont understand, if the last payment was made 2013 then it should be statute barred 2019?
  • sourcrates
    sourcrates Posts: 31,280 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Lowell employee can`t count, nothing new there I hear you say.

    Write back pointing out their mathematical genius, reiterate the debt is statute barred, and you will not correspond any further with them.
    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
  • EssexHebridean
    EssexHebridean Posts: 24,262 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I'd reply asking them to pass it to someone who got above an "F" in their maths GCSE, personally... :lol: 

    And yes - as Sourcrates says! 

    Thank you for providing us with a bit of comedy this afternoon at Lowells expense, anyway! 
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  • Rondoten10
    Rondoten10 Posts: 39 Forumite
    Third Anniversary 10 Posts Name Dropper
    an interesting turn of devlopments - they have come back to me

    I understand that you believe this account is Statute Barred, however please note that this account has had a County Court Judgement with Claim number xxxxxx County Court Business Centre issued on 11/06/2013. Once a CCJ has been issued then the account cannot be Statute Barred.

     

    Please be advised that we have sent you a Notice of Assignment for this account on 09/03/2023, I have attached a copy of this to this email.

     

    Based on the information provided, please advise us on how you would like to proceed with this account.

     

    Next Steps

     

    • I’ve put your account on hold for 30 days to allow time for you to get back to us. If we don’t hear from you in that time, contact will resume.



    Now interestingly in 2019 i sent this to the court must have been doing my due dilligence

    "I have had notification from HFUK2HL that they are changing the legal name of a claim through the court but i haven't had any court papers through. They have given a claim number on the letter they have sent but when i have typed this in it is not a valid claim.

     

    Thanks"


    They replied 


    "Good morning,

     

    Thank you for your email.

     

    Please be advised that this case is stayed. If the claimant wishes to proceed they will need to make an application to the court to lift the sat and proceed.

     

    If you require any further information please email us or contact the helpdesk on the below number.

     

    Kind regards"



    Just checking - i'm all good here - they never went through with the money claim and the account remains statu barred


    did a trust online search for ccj and none on my record

  • wow lying 'stards. does this mean that they still can resume the claim though?
  • sourcrates
    sourcrates Posts: 31,280 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 27 March 2023 at 5:06PM
    Ah, you didn`t mention a claim in your opening post, now that complicates things, if they started a claim, that`s kind of it, the fact they did not go through with it is interesting, but the law states all they have to do is start a claim, within the limitation period, after which the limitation act will no longer apply.

    See what fatbelly thinks, maybe run this past National Debtline, see what they say.
    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
  • Rondoten10
    Rondoten10 Posts: 39 Forumite
    Third Anniversary 10 Posts Name Dropper
    I’d forgot till they came back with that.

    so are we thinking even though I’ve never made a payment in 10 years because they raised a money claim that stops the statue bar clock.

    how do I get fat belly to look?
  • Martico
    Martico Posts: 1,158 Forumite
    1,000 Posts Second Anniversary Name Dropper
    You can tag people in a post with @, which should notify that person. Here is @fatbelly
  • GenieBoy
    GenieBoy Posts: 148 Forumite
    100 Posts Name Dropper
    Lowell did this with me in 2014, they started a claim through the county court but they never continued with the claim. No CCJ was ever issued.
  • Rondoten10
    Rondoten10 Posts: 39 Forumite
    Third Anniversary 10 Posts Name Dropper
    The thing is it was hoist finance who started the claim but never continued with it, lowell has since bought out hoist by the look of it

    In October 2022, Hoist Finance UK Holdings 2 Limited was acquired by the Lowell group. On 20 February, 2023,
    your account was transferred to Lowell Portfolio I Ltd (LPI), with a balance of £532.42. Any payment made
    towards your account after 20 February, 2023 will be deducted from this balance. LPI have instructed Lowell
    Financial Ltd (Lowell) to manage your account.
    Please see the enclosed letter from Lowell for information on your next steps.
    As part of the sale of your account, we have shared some of the information we hold about you with LPI so that
    they can manage your account; they will provide you with details about how they use your personal data. LPI will
    be responsible for any further communication with you. Your legal rights will not be affected by this transfer.
    If you have any questions, please contact one of the team at Lowell and they will be happy to help.
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