Old debt sold to Lowell - Scare tactics??

DisabledDan

cllola said:

Well Lowell are a fun gang aren't they!! I'm having a moment of doubt please help me!! 

Short story, I had an old debt from 2013, has been with IDEM for years, I made a CCA request in March and they wrote back saying they are unable to comply due to the age blah blah blah... 

The debt has since been passed to Lowell who called me today. Asked me to start making payments, the woman was pretty aggressive and said it could go to court if I don't pay. 

I said, I have requested the original CCA and it is not available (she confirmed this is on their system) and that until this was received the debt is unenforceable

She asked if I remember having the debt, I said I'm not sure and until I see a CCA I'm not discussing it further. 
She told me it is still is enforceable and it could go further and promptly hung up. 

Is this scare tactics from them? 
Is she confusing payable with enforceable? TIA

Yes Lowell are lovely people, definitely to be added to your Christmas Card list !! 

The question is whether

a.       2013 debt is a date you took out the debt or

b.      2013 is the date you last paid to it / acknowledged it or

c.       if 2013 is the formal date of default when the debt was sold/assigned to a debt consolidator who in your case appear to be IDEM

You said you have been servicing the debt for years but not clear on whether you serviced it for years before 2013 or since 2013.

If there was a period of 6 years where no payment was made and the debt was not acknowledged then the debt would be statute barred and if no CCJ was obtained within that six year period then no CCJ can be validly obtained. 

Some firms still try to obtain a CCJ at old addresses, then come after you claiming they have another 6 years to enforce the debt.  So as others have said you need to look out for a letter before action, if one was sent to your current address you would reply contenting it and warn them that you will seek full recovery of your legal fees and for any CCJ to be set aside.

In my experience backdoor CCJ’s are not chased immediately, I have several Statute Barred debts that Lowell obtained from Hoist et al and they have never sent a Letter Before Action, just the usual cycle of letters of BS.  I operate a do not engage policy, they only have my address so I am happy to cost them money.

Victims of Lowell have been posting online for years about the specious tactics Lowell use, these include

a.      Chasing debt with no CCJ obtained and was Statute Barred years before.

b.      Chasing debt with CCJ obtained but CCJ was Statute Barred years before.

c.       Chasing debt that is unenforceable because no CCA available and misinforming victims of Lowell that the debt is enforceable.

d.      Alleging that a debt is not Statute Barred because a micropayment was made but never being able to produce evidence of the micropayment when requested.

e.      Alleging that a CCJ was obtained but never being able to produce evidence of the CCJ when requested.

The only way this egregious behaviour will be stopped is to make a complaint to FOS and FSA, as a breach of CONC rules, the latter do not investigate individual cases but if you can provide evidence of your own plus people online claiming the same, then they will investigate the firm.  There is SO MUCH evidence online that is detailed, long lasting and specific that the FSA should be fining Lowell.

Lowell do not have my number but if they did I would record them (for the purpose of note taking), I would then report them as suggested above and if they refuted the allegation I would make a Subject Access Request for a copy of the phone call.  When they say the call could not be retrieved or similar BS I would provide the FSA with my copy.  I have done this in Court and the Judge allowed it as it was to see who was telling lies.

If I am going to get into a dispute with ANY firm I start with a Subject Access Request, usually I end up dealing with a Data Protection Officer, I do not give them any detail I simply ask for everything and if they fail to provide I involve the ICO which does produce result.

In your position I would do an SAR for the phone call and any related data, notes from their system, emails everything. 

Then when you have that drop them a line asking the lawful basis on which they allege the debt is enforceable.

If they fail to provide this send one chaser, if that is still not replied to send a letter asking them to mark the debt as unenforceable on their system and to cease and desist from harassing you for an unenforceable debt.

Then you make your complaint to FOS and FSA including the evidence you have obtained or say they have been unreasonable for not providing it, thus breach additional CONC rules.

You might want to check your credit record which probably does not show this debt and do a Registry Trust search, for the addresses you have been at and might have been obtained in the past.  These two negatives give further reason why Lowell is in breach of these rules.

Do not let them get away with it and PLEASE update your thread with your progress and complaints.

Grumpelstiltskin

This thread is 9 months old and the OP hasn't been online since March. What is the point in dragging it up again?

DisabledDan

Grumpelstiltskin said:

This thread is 9 months old and the OP hasn't been online since March. What is the point in dragging it up again?

There were recent posts or it would not have shown in the list.  If you do not like my post you can ignore it as your post also drags it higher, that being said there are SO MANY Lowell victims that I am sure it will help someone.