Need advice re a Debt Letter i have just received

[hcb]

Hi

 

I wonder if anyone can help me please, i have just received a letter from a company called Lowell Financial it states that they have brought a debt which they are now dealing with that i have taken out in my name. I admit that approx 10 years ago i did take a loan out with a bank for £5000 and i ended up getting into debt i moved several times but i have been at the same house now on the electrol roll for 8years if not more i have no problems with credit and own my own home.

This letter states that i owe £7006.00 and states on the letter what the orginal address was where i took the loan out. Yes i did reside at that address i only lived there for approx 8 months and never in that time did i take a loan out for £7006.00 at that address. i was under the understanding that debts outstanding are normally cleared after 7 years - i am unsure if the debt that they are stating actually is my debt. and why now if it is has it just appeared - i have received a 3rd letter today i just dont know what to do can someone please help and advise me further

I have 2 young children and a partner who is not aware of these letters yet

[wee_student_saver]

Really take my advice with a pinch of salt but I believe as it is over 6 years, it's statue barred, meaning they can't pursue you anymore for it.

 

Another point may be that they don't have a CCA for it anyway.

 

It sounds like they may be chancing their arm and hoping you'll pay.

 

Someone with a lot more knowledge will hopefully be along soon to help you out.

[42man]

The debt is statute barred send them this letter by RECORDED DELIVERY...

 

Use letter 'M' - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

If they continue to push you...then you might be interested to see what the Office Of Fair Trading have to say with regard to statute barred debts.

 

Section 2.14 of the OFT's guidance of debt collection.

 

• continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970.

[hcb]

Thank you very much i will send the letter today

A bit more info for you i received the 1st letter approx 3 weeks ago which i RTS i then received another last week as i said it states the amount £7006.00 also the orginating address of the debt which as i have said i never took a loan out for that amount at that address - i recall looking a old bank statements that i have fortunately kept that i was at the said address from May 1999 to Jan 2000 therefore even if i did take a loan out (which i know i didnt) it still stands as the debt being over 6 years - i have now received another letter today from them stating that because i have not been in contact they will instruct an agent from my area to contact me to see me and that to prevent action further taking place i must contact them urgently.Yes i appreciate i have had a debt from the past that i never fully paid but this was like i say from what i can remember at the least from 1997 this has stressed me out quite considerabl. Help me understand please what is statue barred please could you reply as soon as. You think its best for me to acknowledge there letters and send the one you have advised me to

[Decanus]

definitely send the letter, and do not let them initimidate you. Do not give them your phone number, or speak with them either, as you have nothing to gain (they tape conversations, so if they trick you into saying something it could come back to haunt you)

 

as for the amount of £7001, this is probably the £5000 loan you mentioned, with a ton of charges added on....but as other posters have said, beyond the 6 years time limit, it can be £100,000,but doesnt matter as you'll never have to pay it.

 

If in doubt, always check back here with the experts (of which I am not one!)

[hcb]

Just one other thing should i sign the letter or just put my name at the bottom of it therefore they dont have my signature

[42man]

A stature barred debt is one which you have neither acknowledged OR paid anything towards in 6 years (5 in Scotland).....so yours definately IS statute barred....

 

Also with regard to the visit, enclose this letter with the statute barred letter...

 

Dear xxxx

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully/sincerely

[42man]

And yes don't sign and send by recorded delivery also....

[The GodMother]

dont sign either letter.

[hcb]

Please help me again - i sent the first letter off that was advised on monday this week i did not sign it and i sent it recorded delivery - i have received nothing back from Lowell Financal regarding the letter i sent. Today i have received court papers for what i believe to be a CCJ against me regarding the £7006 and obviously now with costs on top - again as i have said before i have not taken a loan out for this amount over the last 8 years last loan i took out was approximately 1997 the latest date i can remember for £5000 and yes i did fault on it but i have had no communication regarding this loan with Lloyds since 1999 - help me please i dont know what to do

[empowered]

bumping this up so that someone with more experience can help you!

[The GodMother]

Oh dear.

 

well you need to acknoledge the court papers and you need to write a holding defence.

 

I will PM somebody that can help. Our law guy is not available ATM but someone else may be.

[hcb]

was a holding defence - any joy with anybody else to help me

[42man]

ok HCB....firstly don't worry....what you need to do is acknowledge the claim within 14 days of the date of the papers, then you have another 14 days to file a defence. This is absolutely disgusting that they are serving papers on you for a statute barred debt !!! I would get in touch with your local citizen's advice bureau, or your local MP and Trading Standards !!! You must defend this, and appear in court and claim your costs against these total idiots....

[42man]

Send the solicitors on the papers this. send it recorded, I tell you this the judge will NOT be happy with Lowells !!!

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)

c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

i. Copies of statements for the entire duration of the credit agreement.

j. Payment history that indicates this debt is not barred by statute

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

XXXX (type, don't sign).

[ODC]

Are you sure they are Court Papers. Could it be a Statutory Demand??

 

It seems surprising that the Leeds Losers could get Court Papers together so soon. If the debt is Statute Barred they will not get a CCJ as long as you defend it. If its a Stat Demand then this is and easy matter to get set aside. Can you scan up what these clowns have sent you (ommitting personal details),

 

Definately get TS and your MP involved

[ODC]

Another thing. They are in breach of OFT Guidelines on the collection of Statute Barred debt. So report them to the OFT as well. Remember that they must prove a debt is not Statute Barred.

 

If they go to Court on this remember to ask for your costs when it gets thrown out. Also consider a complaint regarding Veaxatious Litigation.

[The GodMother]

OK to solve if they are court papers can u please post them up minus and personal details.

[hcb]

Hi i can post them up later this evening when i get home - on what i think are CCJ papers it states that the claimant is - Lowell then it states there address then my name as defendant it then states the particulars of the claim re the debt not mentioning anything about when the debit occurred just when Lowell aquired it 28/2/08 it also states statutory interest pursuant to section 69 of county courts act (1984) at a rate of 8.000 % per annum from 29/2/08 to 16/04/08 £0.00, and thereafter at a daily rate of £0.00 to date of judgement or sooner payment - earlier 42man advised me to send letter to the solicitors that are on the papers there is no solicitors - there is a court fee of £190 but no costs on the back of one of the papers it tells me that if i ignore this form then judgement can be made against me. this is all at Northampton Court issue date 16 april. Do i need to send the acknowledgement of service off to state that i intend to contest jurisdiction and request 28 days rather than 14 - also again do i not sign the form just type my name it is also asking for my date of birth on the acknowledgement of service.

I am today going to my local money advice centre today have an apt at 1pm as all above have advised me but for some reason they also want to see my wage slip - anybody know why, just want to make sure i have some knowledge as well - as i have no intention of paying any money to Lowell and it is stressing me out - all the advise from you guys is really helping me and is making me feel tad bit better can anyone get back to me today before i leave work - please, will be back on line this evening to update and hopefully post letters up that have got

[ODC]

Its important that you let the people you are meeting today that this debt is Statute Barred and Lowells have even failed to produce a valid CCA for it. You can deal with the first part of your defence online with Northampton and if the muppets at Lowells decide to continue with it then get it transferred to your local court. There are plenty here who will assist you in dealing with this shower

[hcb]

Hi what is a CCA

[ODC]

A CCA is the agreement you would have signed when you took out the loan.

[hcb]

Hi i have been to my local debit advice agency today - they have adviced me that i have done the right thing - this being taking advice from you guys he tells me i need to complete the defence section at the bottom of the CCJ papers and also add the letter i sent to Lowell Finance last week stating that i had no contact for more than 6 years which 42man advised me to do which i did send off but still received the court papers. He advised me to write abit in the defence section and at the time what he said was good i just cant remeber it all can some one help me - basically you know all about my problem he says that i need to state in the defence section that since 1999 never had phone contact/letter contact with Lloyds never made a payment after 1999 to Lloyds concerning this account and that the debt is now statue barred as there has been no contact for 6 years or more however payments were made by myself upto 1999 to Lloyds concerning 2 different seperate accounts that do not relate to debit this was the last time i had contact with Loyds (one i might add i have paid off) the advisor stated because i had contact with Lloyds in 1999 it would be best to state this even though it doesnt relate to this debt because they might bring it up in there defence and i have already stated this in mine in - just would like some help writing the bit in the defence section need to send it off tomorrow do i sign it or just write my name - want to word my defence correctly am still stressed fell tad bit better

[ODC]

hcb as far as I can see this is a straightforward case and easy to contest and to be honest Im surprised that the Leeds losers have wasted their money in trying to bring this to Court unless they are hoping you will not contest it and they get judgement by default. IMHO this action is Vexatious and has no hope of success and that you need to make sure you cost these muppets plenty.

 

Just as a matter of interest is there much money involved??

[The GodMother]

Oh i am hoping there is tons of money involved.

 

Just a question for you ODC. Can the OP counterclaim for wasting his time bringing a SB case to court and would he be entitled to any other costs?