Lowell Portfolio- another odd letter

NellyG_2

Hi All, I could really do with some advice please. I know there is a really good thread regarding Lowell already on here- the letter I received from them is slightly different though. It says:

"Dear xx

We are trying to contact regarding the address of xxxx. We have recently been supplied some information that suggests you previously resided there.

It would be appreciated if you would contact us immediately on the telephone number provided below to confirm the update of your address details.

If we do not hear from you, we will assume the information to be correct and update our systems accordingly.

We look forward to hearing from you....etc"

This came as a real shock as I have not lived at this address for approximately fifteen years. I was in a financial mess at this time but thought I had cleared everything after paying off some huge debts and being issued a CCJ about ten years ago. Since then I have had an exemplary credit record with no issues.

I know that Lowell have been chasing old Barclaycard customers and I think this may be the dent they are after with me. Could someone please answer a few questions for me:

• Should I respond to the letter at all?
• If so, do I phone or write?
• Am I obliged to admit that I lived at this address fifteen years ago?
• Are Lowell within their rights to assume that this is correct if I do not respond?
• As I have not heard about this debt or acknowledged it at all in the last six years, would I be corect in thinking it will be "Statute Barred" anyway?
• If I am linked to this debt/address, will it affect my current credit file?

Sorry for the long post but I hope that any responses might also help others that have received similar letters- it seems Lowell are hot on the heels of old Barclaycard customers.

Thanks in advance...

Snaggles

They might be trying to obtain payment for a debt from 15 years ago - did you have debts while you were at that address? If it is over 6 years since you have acknowledged the debt then I believe it would be statute barred (although there are some exceptions such as council tax arrears).

I'm not sure whether you should respond to them, but if you send any letters to them at all, I would ensure you state that you do not acknowledge any debt to them.

rog2

Hi Nelly

Lowell do, indeed, specialise in attempting to collect old debts, the majority of which are unenforceable through the courts.

In answer to your questions:

1. Do not respond to the letter.

2. NEVER communicate to people like Lowell, other than in writing - even then do not sign your letter, and always preface any letter with the words "I do not acknowledge any debt to your company or to any organisation that you claim to be representing."

3. You are not obliged to disclose your address, or indeed any information to these people.

4. Lowell can assume whatever they like. Their 'Assumptions' will have no force in Law.

5. If a 'debtor' has not made any payments towards, nor written acknowledgement of, a 'debt' for a period of six years (five in Scotland) then that debt is covered by the Limitation Act and is 'Statute Barred'. This means that, once the 'debtor' has informed the 'creditor/dca' that he will no longer be paying this 'debt' as it is statute barred (the only reason he need give) then the creditor/dca can no longer pursue the 'debt' through the courts. The dca (Lowell) should, also, cease attempting to pursue the 'debt' by, for example, appealing to your 'moral obligations'.

For more information about the Limitation Act, and a 'template' letter that you can send to Lowell, have a look at:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

For more information on how Lowell should be conducting their business, and in particular reference to 'statute barred' debts, have a look at:

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

6. Given the age of this 'alleged debt' it will not affect your current credit rating.

Lowell are a particularily nasty example of the 'stench' that pervades the lowest levels of the swamp-life that is 'debt-collection'.

Hope this helps.

NellyG_2

Thanks for the responses- particularly for the detailed info Rog2. I am a lot more comfortable now that I know that!

At this stage, they have not even mentioned any debt but they will be writing again soon, no doubt- let's see what they come up with next. Will follow your advice Rog2.

Just a word of caution for other people- nowhere in this letter does it mention the nature of Lowell's business and the fact that they are a Debt Collection Agency, other than some minute logos showing their membership of the "Credit Sevices Association" and "Debt Buyers & Sellers Group" at the bottom of the page. If I had not read this letter in detail, I would not have known and may well have ended up phoning them......

cazcao

Hi
I recived a similar letter this morning and again was suspisious I haven't lived at the address for over 12years and I too after reading the response from some other savy people belive it to be form Barcleycard going back over 12years. I will not be contacting Lowell at all.
The surprising thing is I now have another credit card with Barclycard and they have never persude me for the previous debt. how can that be???
Many thanks to everyones info its realy put my mind at ease

scooshter

I too received a similar letter, I live in Scotland. I will not be contacting Lowell however in preparation for the inevitable follow up from Lowell can anyone tell me :

Is it where the debtor is living that determines what limitation act is used and not where the Lowell or Barcleycard are based. i.e. would I be covered under the Scottish Limitations Act?

rog2

scooshter wrote: »

I too received a similar letter, I live in Scotland. I will not be contacting Lowell however in preparation for the inevitable follow up from Lowell can anyone tell me :

Is it where the debtor is living that determines what limitation act is used and not where the Lowell or Barcleycard are based. i.e. would I be covered under the Scottish Limitations Act?

If you are living in Scotland, and were at the time you signed the original agreement, then you will be covered by the Scottish legislation, which states that the 'Limitation Period' is five years.

http://www.nationaldebtline.co.uk/scotland/factsheet.php?page=23_prescription_and_limitation_act

FredFlid

Is it actually you?, are they sure it's you? will they try and take someone to court who

A - they are not 100% sure of identity

B - If old and statute barred aren't entitled to anything (unless you make a payment and reopen)

Quite simply, ignore everything from Lowell, Red or the third part of their company, some solicitors beggining with H?.

All three will likely try and threaten you and intimidate you into making a mistake,

DON'T

Keep throwing it in the bin however big the threat, remebmeber it is only a threat and likley baseless.

and IF a court summons appears (needed to grant "threatened" Bailiff action) or to actually obtain money unless you offer it, then and only then, WRITE and send recorded delivery.

Let them waste their 2nd class postage attempts, don't be initimidated, they are just fishing.

sportytaxi

Ive had the same letter and been quite worried,been incontact with debt people for advice.they said wait until you know what the debt is and dont contact them..now i know it barclays i had a bridging loan on a flat i owned 14 years ago.

im so glad ive found this forum on "Lowell portfolio"

i will sleep so much better tonight now.

thankyou all...

:A :A :A :A :A :A

c00kiemonster_2

I had the same letter recently, I posted on a diff thread somewhere on here about it.

Im sitting tight and not responding, as they are correct the other address they have is one for me.
Would I be right to guess your ref number starts with a 9?

cm

NellyG_2

You are right- reference number beginning with a nine.

Scary how many people are moaning about Lowell on DFW- are they particularly underhand with their tactics or do all DCAs adopt the same approach?