Debt collectors chasing old debt

fatbelly

The other question is whether there has ever been a 6year period when you did not acknowledge the debt by payment or in writing.

I note the date of default is given as 22/12/16 and they say you paid this until 20/11/18. If that is true, it goes statute barred next year. If it's not true, it may be SB already.

My understanding is that every s77 request should be complied with, and Lowell have clearly not done that.

I'd ignore them unless they send a 30-day pre-action letter

hoverFrog1

There must be a reasonable limit on s77 requests though, right? Otherwise people could just use it to delay things until the debt goes statute barred.

I mean, that's great for me, but not the lenders.

sourcrates

hoverFrog1 said:

There must be a reasonable limit on s77 requests though, right? Otherwise people could just use it to delay things until the debt goes statute barred.

I mean, that's great for me, but not the lenders.

No, nothing is contained in the consumer credit act about how many times you can make a request under section 77.

The only stipulation is that there still has to be an outstanding balance on the account, that`s it.

Of course you have to exercise common sense, but there is nothing stopping you sending as many requests as you like, whether they will be actioned or not is another point entirely, recent requests, say in the last 18 months, will be used by a creditor as an excuse not to comply, but that does not excuse them from their duty to do so.

DjangoUnchained

cant see the benefit of multiple requests. Surely best to make just one and hope they cant comply? rather than keep reminding them and encouraging them to make the effort to find one?

sourcrates

DjangoUnchained said:

cant see the benefit of multiple requests. Surely best to make just one and hope they cant comply? rather than keep reminding them and encouraging them to make the effort to find one?

Yes, I agree, I was just clarifying the position.

hoverFrog1

Ignoring this has proven to be the right thing to do. Since they wrote to me in September I have heard absolutely nothing from them.

DisabledDan

hoverFrog1 said:

My question though is why, after five years, have these old debts emerged again? My last payment to the credit card debt that Lowell are managing\have purchased was on 20th November 2018. The others are around the same time. Are they just hoping to get a payment so that the debt countdown can start all over again?

The reasons they emerged is partly because Lowell bought Hoist and all it's previous incarnations and partly because you showed some activity.

They are writing to thousands of people each week hoping they will be dumb enough to fall for their patter, even though they are fully aware the debts are not enforceable either because they are statute barred, CCJ past six years.  They do this even thought they have no CCA paperwork.

They use Language like "enforcement" and say that CCJ debt is still due even though it can't be enforced as past 6 years and not extended.

It is about time C4 or someone sent in someone undercover to see how they operate internally, what they pay their staff and whether they are trained to mislead people.