Urgent Help Required with lowells

[kiltedman]

Hi Guys,

 

cutting a very long story short... basically lowell sent my mum a letter chasing an alleged debt for over £9000. i sent them the statued barred letter because this has been going on for a couple of years and the information gathered basically says its statuted barred.

 

Today she got a response stating the it was not statuted barred due to a £1 payment made in october last year. There has been no such payment the only thing that was sent at that time was a CCA request along with the statutury £1 payment.

 

Here is the letter

 

http://i871.photobucket.com/albums/ab276/kiltedman/lowell-1.jpg

 

Any idea what response i can send......

 

Kiltedman

[kiltedman]

Was Thinking about sending them a Sar request and seeing what proof they have that it was a payment and not a cca request. i have a copy of the request as well as the recorded delivery reciept and also i was a cheque and not a postal order so the bank have a record of it as well..

[dx100uk]

nothing urgent about anything lowlife do or say

 

IGNORE THEM

 

they have NO LEGAL POWERS

 

end of!!

 

dx

[citizenB]

Was the £1.00 in respect of a CCA request. If so, then it cannot be used to service the account.

 

If not, and they decide to take this further, you will have the opportunity to force them to provide proof it was actually your Mum who made that payment.

 

Aha, I see you have proof that it was for the CCA request.. end of story and Lowells will have purchased another pup

 

Leave the ball in their court now.

[kurvaface]

I understood that once an account is statute barred, that's it. No additional payment or acknowledgement of the account changes that.

[dx100uk]

yep

 

dx

[Revenant]

Was Thinking about sending them a Sar request and seeing what proof they have that it was a payment and not a cca request. i have a copy of the request as well as the recorded delivery reciept and also i was a cheque and not a postal order so the bank have a record of it as well..

 

Hi km

 

Don't waste a tenner for a SAR

 

Send them a copy of your CCA request and tell them to bog off

 

As kurvaface states . . once a debt becomes SB that's it

 

R

[kurvaface]

Talking of Mothers etc, I notice on their letter that it is covered with plenty of self-satisfied decorative accreditation. This should never be mistaken for credibility - it is nothing other than what my dear Mother used to call, "Guilding turd"!!

 

I have yet to see a DCA that isn't a Turd Guilder!

[dx100uk]

has the cra file been checked yet?

 

dx

[shedder101]

this matter of the £1 fee for the CCA request that they say was a payment on the account

 

when i get the first letter I request the CCA but add this to the letter

 

"As I dispute this debt I am not willing to burden myself with cost's relating to this, therefore the fee of £1, which is the statutory fee, must be covered by you. Note that these funds are not to be used for any other purpose."

 

every one i have sent i still get the information without giving them a penny

 

why give them anything, its for them to prove you owe not you

[kiltedman]

Update.....

 

Hi guys,

just thought i would keep you updated. since getting the letter saying that the £1 cca fee was infact a £1 payment to the account and there for unstatute barres the alleged debt and restarts the clock, my mother has received two further letters from these guys.

The first was a letter saying that she could either pay £30 amonth to repay the debt or £50 a month to repay the debt. The second letter arrived today which basically seemed to be a statement of accounts with these guys, opening balance, then interest/charges applied (which was zero) then closing balance. and a bit at the bottom saying DO NOT IGNORE THIS DEBT...

 

should she just continue to ignore them or send them some kind of letter.

[PGH7447]

they have to send out statements now, just file and ignore - stat barred always stat barred if these fools are too stupid to realise, why bother to respond

[dx100uk]

did you get to check her cra file?

 

dx

[Bazooka Boo]

You also need to lodge a formal complaint about their unlawful criminal behaviour to the OFT&TS via consumer direct, what they are in essence stating, is that they have committed an act of fraud, game set and match to you.

Another nail in Lowlifes cardboard coffin..

[kurvaface]

Not even God is able to make a Statute Barred Debt "Unbarred".!

 

Who do Lowells think they are?

[ivansmagic.]

are you confident enought that it is statute barred ? If so, ignore everything !!!

[dx100uk]

this why i am saying check the CRA file

 

if it don't show

 

99% confirmed .

 

dx

[42man]

You could do something along the lines of...(send recorded)

 

Dear Sir.

 

I am in receipt of your letter dated. XXXXX

 

For clarification, the £1 you state that was paid was made as the fee required under the Consumer Credit Act 1974. It was not any kind of payment to be put on any account whatsoever.

 

I quote "The request must be made in writing and accompanied by a

fee of £1, and the creditor must respond within 12 working days (unless

a similar request was made within the previous month)."

 

You will note that in my original letter it states -

 

I do not acknowledge any debt to your company or its clients. (delete this line if you are not disputing the debt)

With reference to the above agreement, I require you to supply the following documentation before I will correspond with you further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974.

2. A full statement of account.

3. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

4. A copy of any other documents referred to in the agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I are entitled to receive a copy of our credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. Please note that under no circumstances should this payment be set aside any alleged debt. If you are unable to supply the documentation requested, this fee should be returned.

If you continue harrassing me in this manner I will have no choice but to report your actions to the OFT and if necessary I will commence legal action against your company.

 

I trust this makes my position completely clear.

[Bazooka Boo]

I'd be much more inclined to ignore the clowns, co the Pub, come home, and then write them a letter, on the computer, stating,

"Dear Bill&Ben,

You claim that my statutory fee of £1 for a copy of the CCA was applied to the alleged balance you claim I owe, therefore resetting the limitation period and not used for the copy of the agreement.

I would welcome another letter from yourselves confirming this, and the fact that you have admitted, in writing, that you have committed the criminal offence of fraud, so I am then able to lodge a formal complaint with the OFT and TS as well as the Police as to your unlawful conduct.

Thank you in advance for your puerile response, see you in court clowns.

[kiltedman]

Im 100% sure that this is statuted barred as this has been passed around anumber of companys all of which sell it on as soon as the get the statatued barred letter. on company did send in some statements and on the statements that they did send there was a gap of 6 years of no payments/contact of any type. the statements on covered from 2002 until 2009 i think and the alleged debt is from 1998. plus if she did infact owe this money to the bank would the bank not have contacted her along time ago about this as the alleged debt is over £10,000. she still has a number of accounts with the bank so surly the bank would have just claimed the money from her accounts as they can under the claw back in the t of c's

[kiltedman]

is there a letter i can send to hbos as we sent them a sar request along time ago and forgot all about it until this all started again and have not had a response from them.

[dx100uk]

post 17 q?

 

that will tell you

 

dx

[kiltedman]

Another update guys,

 

here is a link to some letters that have been sent including the latest one.

http://s871.photobucket.com/albums/ab276/kiltedman/.

 

two of the documents are from a previous company called CL finance who have sold this on to Lowells.

 

documents 4 and 5 are copies of sheets that were sent in response to a Sar request that we did on CL finance.

 

as you can see from picture 4 its a statement of accounts from when they took over the alleged debt and cleary shows the £1 that lowell are claiming as a payment as a cca request fee.

 

the only sticking point that cl finance had was that they tried to claim that a £10 payment was made to JBL recoverys when this was infact a sar request (done before cl finance's one).

 

JBL sent nothing and when i wrote to query the payment they sent a £10 cheque back.

 

Picture 5 is confusing to me as it says last payment was made June 02.

it also states in the top left under status - Irrecovable.... also further down it states on hold till 13-nov-10.

 

Any ideas what this all means. and any letters i can send.

we have previously checked my mums credit file and nothing shows up

but am reluctant to check it again as about 3 wks after checking it last time

she started getting letters about alleged debt that she knew nothing about...

 

Any help Please

[kurvaface]

Report to trading standards

[dx100uk]

if the debt does not show on her CRA file as stated

then its def sb'ed

and it matters not what they have done with the sar/cca payments

it will still be sb'ed.

 

ignore them!

 

dx