Lowell Solicitors - Notice of Acting - JD Williams

[Martyn1984]

Hi all,

 

Yesterday I received 2 letters from Lowell, one from Lowell Financial saying as I've failed to pay they've assigned the account to Lowell Solicitors who are the approved litigation agency.

 

The default date on my credit file for this is 26/01/2010, it was originally to JD Williams and the balance showing is £2040.49.

 

I really need some advice on how best to proceed? I've never acknowledged this debt or been in contact with Lowell but I'm worried after reading posts online that this letter is the first from them starting proceedings against me to get a CCJ.

 

I really don't want a CCJ to appear on my file for 6 years as I'd like to be able to get a mortgage in the future hopefully.

 

Many thanks

 

Martyn

[renegadeimp]

CCJ's are a long way off, if they ever happen. Theres a whole lengthy procedure they have to follow before its even a possibility. Then after all that, they have to win in court.

 

Sit tight and someone will be around to help as soon as possible. Theres nothing to worry about, so relax, and wait for good advice

[Martyn1984]

I've just noticed my default is 2011, not 2010.

 

Thanks

Martyn

[AndyOrch]

Send them the following...this will thwart any plans they have to litigate.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974-**Updated-January-2015**

 

Regards

 

Andy

[dx100uk]

need your last payment date or order date?

 

 

is this on your credit file?

 

 

or go ring JDW and ask

[Martyn1984]

9th October 2008 is the date of the last order I believe, it's the date of the last email I have from them regarding that account.

 

Thanks martyn

[dx100uk]

and did you pay anything after that?

 

 

dx

[Martyn1984]

I don't believe I've paid anything, and if I had it won't of been after the default date.

 

I will ring them to find out if it's important?

 

Many thanks

 

Martyn

[dx100uk]

oh yes of great importance

could mean the debt is statute barred

too late for the fleecers to get you in court...

[Martyn1984]

Hi,

 

The last payment on the account was for £1 on 22nd June 2010.

 

They advised if I want a copy of the transaction history they can send this by post.

 

Does this help at all?

 

Many thanks

 

Martyn

[dx100uk]

SB'd then

ignore everyone

bar a claimform.

 

 

dx

[Martyn1984]

What do I need to do then? Do I send them anything?

 

And what would I do if I got a claim form?

 

Would a copy of the transaction history be of any use or not?

 

Many thanks.

[dx100uk]

hard copy would be useful

as it would prove your SB defence if you ever needed to do one.

 

 

but and please take this the right way..

 

 

I notice you are new and very green..

 

 

a DCA are NOT BAILIFFS

and have no legal powers whatsoever

[Martyn1984]

Thanks

 

 

Yes I am new. Do I not need to tell Lowell it's statute barred then so it never has chance to go to court?

 

Is defending it a complicated process?

 

Sorry for the questions, I suffer anxiety and just want an end to this.

 

Thanks

 

Martyn

[Guest]

tell us more the background.

lowell wld only have been assigned it some time after the default from the original creditor. so need to look back to them if you havent been in contact with lowells since assignment. when for sure were the last payments.

[Martyn1984]

The person from jd Williams said they received the last payment of £1 which was a token payment on 22nd June 2010 and they've had noting since.

 

I don't remember who I set the arrangement up with at the time, I remember we moved home and I must of stopped making payment then.

 

He said they could send me a full statement of the account but the last payment they received was definitely 22nd June 2010.

Hope this helps?

[dx100uk]

so still statute barred

 

 

its upto you

you can ignore them

or

you can send the letter with reference to the CONC rules.

 

 

neitherway will guarantee totally silence..

 

 

in E&W even if a debt is statute barred

a 'creditor' can request payment

and you can request they go away.

 

 

dx

[Martyn1984]

As long as they can't issue a ccj against me that'll be good,if they send letters but I know they can't do anything I'll be able to relax a little more.

 

Sorry what's the CONC rules, and what letter do I send?

 

Your help is greatly appreciated.

 

Martyn.

[dx100uk]

http://www.consumeractiongroup.co.uk...e-barred-debts

 

If the alleged debt is a consumer credit matter then you can write to them and tell them that the alleged debt is statute barred and call their attention to the above CONC rules.

 

They are then prevented from troubling you any further

[Martyn1984]

Hi,

 

I haven't contacted Lowell yet and reading around on the internet it looks like someone once told them their debt was statute barred and they said it's 6 years from the default date?

 

 

Is that Lowell just putting pressure on people saying that or is it correct?

 

Thanks martyn.

[Old Cogger]

Lowell seem to tell people that, it is from the last acknowledgement usually 1 month after payment due, there are a lot of arguments on this, but even step change and the like have said after last payment i.e. due date not paid!

[Martyn1984]

So am I ok that this debt will be statute barred then with last payment being received in June 2010?

 

Thanks.

[Old Cogger]

Lowells have in the past tried their luck and issued court papers (thousands a week) in the hope people do not contest them and they win by default, those that challenge them Lowells seem to push it to the very last minute then discontinue, usually the last minute that they may loose their fee, or they may try and get account stayed by not producing certain defenses etc

 

statute barred would be your possible defence

[Martyn1984]

So do I tell them it's statute barred and hope that's an end to it (them taking court action) or not?

 

Do I have to go to court if they issue papers and how complicated is it to defend it saying it's statute barred? I feel very lost with this.

[dx100uk]

any DCA let alone lowells will say anything to mug a debtors

its statute barred

ignore them

if you do get a claimform [doubtful]

then the SB defence kills it dead.

 

 

go enjoy your life and stop worrying