Lowell debt collectors calling my mum

hdjkfdkt

Hi. I racked-up some credit card debt a few years ago just trying to stay afloat. I wasn't living extravagantly or anything. Most of it was just paying off interest. I can't even remember how much it was. Anyway, I stopped paying it and I've kinda just been ignoring it for 4-5 years. Every now and then I get a letter or phonecall from Lowell debt collectors but I ignored the letters and I never answer the phone to unknown numbers anyway because I have pretty bad anxiety. (I'm on ESA for it)

I heard that debt gets struck off after a few years, so I was kinda just hoping it'd go away. 

But today I got a phonecall from my mum, sounding a little bit concerned. She said somebody from Lowell had called her house phone asking for me. This is a bit odd because I haven't lived there in well over a decade. I don't know where they got her details from but I can't help but feel a bit harassed.

So what can I do here? I can't afford to pay it, and if I acknowledge it, I think it resets the statutory liability limit for another 7 years or something?? Can I tell them to leave my mum alone without acknowledging the debt? Or will that trigger something legally? I'm on the bones of my a*se, I can barely afford to live as it is. 

fatbelly

Ok. Your mum should just say 'I've no idea what you are talking about' and put the phone down. Preferably block that number

If a letter arrives for you, she can mark it Not at this address. Return to sender. I believe NATARTS works.

You need to be clear on the statute barred rules. Once a debt is defaulted, the clock starts ticking for taking court action. In England, they have 6 years to start a claim.

The clock can be restarted by acknowledgement of the debt. This has to be by payment or in writing and can only be done by 'the debtor or his agent'

Once the debt hits the 6-year mark it is not written off but you do have a complete defence to any court claim.

hdjkfdkt

fatbelly said:

Ok. Your mum should just say 'I've no idea what you are talking about' and put the phone down. Preferably block that number

If a letter arrives for you, she can mark it Not at this address. Return to sender. I believe NATARTS works.

You need to be clear on the statute barred rules. Once a debt is defaulted, the clock starts ticking for taking court action. In England, they have 6 years to start a claim.

The clock can be restarted by acknowledgement of the debt. This has to be by payment or in writing and can only be done by 'the debtor or his agent'

Once the debt hits the 6-year mark it is not written off but you do have a complete defence to any court claim.

Thank you. My record keeping is terrible but I remember switching bank accounts at the time and that was over 5½ years ago, so they must've seen that time was running out and decided to up their game.

TBH, I didn't know it was enforceable, because it was unsecured debt and they bought it from somebody else. I thought they were just pestering me, trying their luck. I'm a little bit more worried now, haha 

I'm not sure what NATARTS means. I googled it but nothing came up

kimwp

Not At This Address. Return To Sender = NATA RTS

Rob5342

If you check your credit report with something like Credit Karma it may show when it defaulted

fatbelly

Yes it sounds like this debt is close to being statute barred.

Just keep on doing what you are doing. I wouldn't even check credit files if that means giving extra information

Lowell buy debts in the tens of thousands. The can't afford to take court action on many of them so they will choose debts where they know where the debtor is, preferably someone who works and better if they are a homeowner.

If they don't know much about you then it's risky spending hundreds of pounds getting aggressive with someone who might just do a DRO and write everything off

sourcrates

hdjkfdkt said:

TBH, I didn't know it was enforceable, because it was unsecured debt and they bought it from somebody else. I thought they were just pestering me, trying their luck. I'm a little bit more worried now, haha 

When a debt is sold, the new owner retains all rights and privileges of the original lender, however, as fatbelly has said, these accounts are sold in bulk, and they work through them one at at time, not knowing the history behind many of them, so its all a gamble for them.

As the limitation period is about to expire, all you need to reply too is a pre-action letter from Lowell, if they send you one.

You can ignore anything else. 

fatbelly

I agree with sourcrates. So contrary to what I said earlier it probably is worth you mum sending a couple of letters back NATA RTS. Then opening any others that come and binning them if not a preaction letter, which is pretty unlikely from what you say