Updating Lowell's of new address?

Spaceboules · 25 August 2019 at 9:42PM

Hi guys,

Long timer viewer here. I've spent this past weekend searching and searching but decided to ask about my problem specifically.

I had a debt which I believe to be over 6 years old (It was an OD that was never paid due to fees making my payments redundant) All of my credit reports are clear but I get the odd letter from Lowell's. In order to stop any potential CCJ happening is it worth me sending them a letter updating my recently new address? At this point should I also ask them to prove that I owe the money?

I don't have an account number so would just my full name and address suffice?

Thank you

CakeCrusader · 25 August 2019 at 9:57PM

It's probably not wise to do this as they could see it as a way of you admitting that you owe this debt, and it could reset the clock. How are you getting the letters if you've changed address, and what do the letters say?

sourcrates · 25 August 2019 at 10:44PM

Why do you want to update your address with them ?

If you believe the debt to be statute barred, then tell them so, don’t beat around the bush, Lowell will obtain a judgement by default at the drop of a hat if you let them.

How are you receiving their mail currently ?

Spaceboules · 26 August 2019 at 11:36AM

Hi guys, thanks for the reply.

The letter just states the usual of easy repayments if I respond otherwise more serious action can take place i.e courts. The letters are coming to my new address, I've always updated my electoral register/CRA.
The reason I thought about contacting them is I've been reading about people with CCJ's and it seems as though most have received them to old addresses and by the time they've found out it's too late.

I've not updated them in several years.

As no debts are showing on any CRA is there any sure way to find out if debts have been over 6 years so then I can send a letter?

and sourcrates, is there any reason why these debt collection agencies don't apply for a CCJ now, or the past few years?

Lastly, for an overdraft what is the best way to see if it's statute barred?

Thanks

CakeCrusader · 26 August 2019 at 11:46AM

If the letters are coming to your new address they know where you are, there's no need to contact them to let them know that you've moved. Your credit files (all three of them) will tell you if you've been issued with CCJs at your old address.

It's best to send them a 'prove it' letter and they should come back with some documents showing that a) the debt belongs to you, and b) when the account defaulted (if your debt is an overdraft then the last payment into the account will probably be well before the default date, the default date is the one you need in order to check that this is statute barred). If you know for certain that the default date is over 6 years ago then you should be able to send them a statute barred letter. The debt still exists, they just can't take you to court for a CCJ as their time to do this is up.

sourcrates · 26 August 2019 at 11:53AM

Spaceboules wrote: »

and sourcrates, is there any reason why these debt collection agencies don't apply for a CCJ now, or the past few years?
Thanks

Hi,

Lowell are debt purchasors, they may act as collectors on occasion, but the majority of the time they collect their own debts that they have purchased, you know how this works right ?

They buy up large portfolios of bad debt, at a fraction of their worth, then try to sqeeze the full amount out of you, they are in the game to make money, simple as that, they do not want to be spending money on court action, remember, your account is one of probebly a few hundred thousand accounts they have currently on their books, and they will know that its statute barred, but will continue to pursue it until you stop them, basically, in the hope of a payday.

If the account no longer shows on your credit files, then that is an indication that it defaulted more than 6 years ago, and therefore will be statute barred.

Spaceboules · 26 August 2019 at 12:07PM

@CakeCrusader Thank you. After a 'prove it' letter, is a SAR needed to determine exactly when I defaulted? (But them I'm reading that some may see this to acknowledging)

I will check my CRA monthly from now on, so if it ever did come to court action. Would my updated address on files be enough for the courts? And the fact I've not manually updated my debtors?

So can a SB debt still have a CCJ against it if not defended? This was my concern when searching as there seemed to be a lot of people getting court claims when the debt was SB but they didn't know so couldn't defend it.

@sourcrates Thanks, I've been reading a lot about them. How they buy debts for as little as £1.00 and just try their luck, big money maker I guess.

It's just annoying that my credit reports aren't showing much so I don't have anything to go on. Is there anyway to see older reports?

sourcrates · 26 August 2019 at 12:17PM

I would put the whole thing to bed by sending them the provit letter, next time they write to you, that will get you what they have on you, see what comes back.
As said above, defaulted accounts only stay on your file for 6 years, so if it isnt there any longer, then its older than 6 years, and at the appropriate time, you can claim its statute barred.

Judgements by default are very common, as the claiments tend to write to old addresses, completly by accident of course, its not like they can check your registered on the electoral role or anything as easy as that !!

Rememeber this, the onus of proof is on Lowell, not you, they must prove the debt is valid, and not statute barred, you do not have to prove anything, keep that in mind thoughout your dealings with them.

Good luck.

Spaceboules · 26 August 2019 at 12:46PM

CakeCrusader wrote: »

It's probably not wise to do this as they could see it as a way of you admitting that you owe this debt, and it could reset the clock. How are you getting the letters if you've changed address, and what do the letters say?

sourcrates wrote: »

Why do you want to update your address with them ?

If you believe the debt to be statute barred, then tell them so, don’t beat around the bush, Lowell will obtain a judgement by default at the drop of a hat if you let them.

How are you receiving their mail currently ?

Thank you, very helpful. I'll keep a close eye on my reports that way there will be no hidden surprises. And send that letter when/if they come back.:T

Cheers

WhenIam64 · 26 August 2019 at 1:25PM

They buy up large portfolios of bad debt, at a fraction of their worth, then try to squeeze the full amount out of you, they are in the game to make money, simple as that, they do not want to be spending money on court action, remember, your account is one of probably a few hundred thousand accounts they have currently on their books, and they will know that its statute barred, but will continue to pursue it until you stop them, basically, in the hope of a payday.

Two additional points to this

1. Lowell are part of a large group that have £3bn to collect at the rate of £250mn a year
2. They use data-mining to find people that appear to be able to pay. If they want to find you, they will.

sourcrates · 26 August 2019 at 2:09PM

WhenIam64 wrote: »

Two additional points to this

1. Lowell are part of a large group that have £3bn to collect at the rate of £250mn a year
2. They use data-mining to find people that appear to be able to pay. If they want to find you, they will.

Data-mining, I like that word, I miss the old days when DCA`s such as 1st credit would just ring you up and threaten you, time moves on, even in debt collection.

Updating Lowell's of new address?

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