LOWELL/OVERDALES Threatening Letters 10 yr Old Debts Please Help

[Jashbo]

Dear CAG Community,

 

I started to receive letters from a company called Lowell about 6 to 8 months ago claiming they needed to reach me concerning 'a personal matter'?

 

There was nothing in the letters explaining what this matter was so i ignored them assuming it was some form of phishing expedition or something of that nature.

 

At the time i had a lot on my plate, my father had died and my mother was ill.. id just lost my dog, work was troublesome, money was short etc etc. It was an easy thing to ignore those letters.

 

 want to keep this short so i will fast forward to a letter i subsequently received from Overdales Solicitors stating thay had been instructed by Lowell Portfolio Ltd to recover the following debt... £3138.59 on a Vanquis credit card i had back in 2011.

 

I panicked to be honest as i had totally forgotten about this and wrote to them asking for specific details.

 

I then received a letter of claim several days ago saying i have 30 days to avoid a County Court Claim with a 'Reply Form' attached which apparently i have to fill in and sign?

 

I dithered over what i should do and then i found this website and im hoping someone can give me some advice.

 

What should i do?

 

Subsequent to the above i received another letter from Lowell a few days ago concerning another debt with Creation Finance from 2009!

 

I should say that i have looked at my credit file (Experian) and there is nothing on there about any debts. No GAIN records either. Nothing at all.

 

This is really stressing me out so any help or advice.. i will be very grateful.. thank you

 

 

[dx100uk]

1st a DCA is not a BAILIFF

And have ZERO legal powers on any debt- no matter what it's type 

 

I will guess you've moved since taking these out? And did not update the original creditors you had in writing?

 

The letter of claim you must reply too 

 

Hit it and follow post 2.

 

Dx

 

[Jashbo]

Thanks for replying..

 

yes i have moved a couple times since then. i was on an IVA back in the day for these debts and was paying that for some time but i havent had any contact with the company managing the IVA for almost six years.

 

So i should fill in the 'Reply Form'? And sign it? Im not sure how i should fill it in there are several optional boxes..

 

Sorry.. what does hit it and follow box 2 mean? im new here..

 

 

 

.. I read somewhere here about debts being 'statute barred' what does that mean?

[dx100uk]

More than 6yrs since you last used or paid the credit or 6yrs from default notice issuance, whichever is the latter 

 

Dx

[dx100uk]

So it has been at least 6yrs??

 

If so you could send both our SB letter from the debt collection section of our library 

 

But you must be 1000% sure.

 

Dx

 

 

[mantis shrimp]

statute barred means that the period set by the Limitation Act 1980 after which a claim may not be brought has expired. 

[Jashbo]

the last contact i had with the IVA management company was in December 2016.

 

The last time i used/paid the credit directly would have been 2012/13

 

. If there was a default notice.. and i cant remember if there was, i guess there must have been.. it would have been around that time 2012/13. is there any way i can find out for sure?

 

incidentally just received a second letter from Lowell regarding the Creation Finance debt offering a 50% discount off the bat.

 

I have attached  a copy of the reply form from Overdales as i am unsure of how to proceed with this and reluctant to sign anything. any help/advice would be fantastic.

 

I have also attached a scan of my adverse events page from my credit report.. do you know why none of the above appears on my credit report?

 

Thank you so much for your help..

 

 

.. had to attach further files separately

 

merged.pdf

[dx100uk]

Pers id send both our sb letter.

Be done with them.

 

but you never sign anything you send to a powerless dca.!!

 

Dx

 

 

[dx100uk]

sorted the PDF 

not sure why you posted a form up we know what they look like

 

when was the last payment made through the IVA to any of the debts within it? or the last time you paid the IVA company?

did the IVA just fail as you stopped payment?
i suspect so?

 

 

[Jashbo]

hi..

 

i uploaded the form as ive never seen one before and i dont know what the best way to proceed is?

i didnt know you had seen them before.. this is my first time here and i have no experience of dealing with this particular situation..

 

the last payment i made was on 10/11/16 and the last contact i had with them was on 19/12/16. it was the last year of the arrangement and i had accrued some arrears which they were putting enormous pressure on me to pay off but i just didnt have the means to do it.

 

I had sent them all the documents they required (P60, payslips, expenditure etc) but they just seemed not to want to find a solution. I certainly didnt stop paying them. There were odd months where i couldn't pay all that they wanted so i accrued the arrears which was around £450.

 

The very last email i had from them asked for an arrears solution. I replied to them immediately and never heard from them again.

 

I suspect the arrangement was failed but i have no confirmation of that. I do remember at the time there was talk of IVA companies failing arrangements in the final year of the arrangement but i cant remember the reasons for this

[dx100uk]

thank you, then that means that any debt paid through the IVA is most probably not yet statute barred until November, which again sort of tallies with why these 2 fleecers have reared their heads, the debts are nearing SB and these debt buyers want to try and scam you still whilst they can.

 

who was the IVA company, we probably know them.

and were these 2 debts part of the IVA?

 

you possibly indicate that the (5yrs) IVA actually finished, but the IVA company claimed you actually still owed them £450 due to short payments or fees for its 5yrs term?

 

the Reply form in that PDF is the std form they have to send out for you to fill in with a letter of claim.

if you click letter of claim<<clickme

goto post 2 in the thread it takes you too 

and read that post what you need to do with that debt becomes clear.

 

however hold off for now till you fill in the blanks of my questions above....

 

dx

 

 

[Jashbo]

the IVA company was Payplan? im pretty sure those two debts were part of the IVA.

yes they were asking that i pay off the shortfall, which was about 450. i recall they were trying to get me to pay it all in one payment.. which of course there was no way i could do. i was working only part time and looking after my mother, which i still do.

 

digressing slightly.. the Vanquis credit card had an original limit of 500 which they increased pretty quickly over time to 2500 without ever asking me if i wanted it. also the last balance on the Vanquis credit card was 2100 or thereabouts.. i dont know where the figure of 3300 has come from..

 

 

[dx100uk]

would have been through payplan not PP themselves, they are just a debt charity, they typically forwarded you on to one of their favourite monthly Fee taking scammers that provided it.

your banks DD should have their name.

 

 

[Jashbo]

I used to pay monthly through their website. Never had a DD far as I can remember. I'm not with the same bank anymore but I might still have statements.. ill dig them out and see what was on them

 

ok.. only found one statement i still have from the relevant time frame. on the statement it just says payplan.com? i hope they did actually pass these payments on to the creditors?...

 

 

[dx100uk]

ok yes they did sometimes do them directly themselves during various short periods in their history.

 

i think i would send them an SAR lets get a full list of things

unless you still have access via their online portal?

 

what date is on the overdales letter of claim please?

 

dx

 

[Jashbo]

i dont have access anymore.

 

date of letter of claim from overdales was 16th june

 

 

[Jashbo]

So should I send SAR to Lowell?

 

Regarding the letter of claim from Overdales I'm inclined to dispute the debt.. well certainly the amount.. and ask for all the documentation they have. Would that be a wise move?

[dx100uk]

No never SAR a DCA not worth it 

SAR payplan but read all the posts in the thread.

 

On 27/06/2022 at 10:58, dx100uk said:

the Reply form in that PDF is the std form they have to send out for you to fill in with a letter of claim.

if you click letter of claim<<clickme

goto post 2 in the thread it takes you too 

 

dx

 

 

No you don't SAR a DCA pointless 

Thats what the above is for  

 

You SAR payplan but read all its posts 

 

Dx

[Jashbo]

Hi, thanks for that.

I've checked out the post. Download of the pap form failed but that may be because I'm on my phone so I'll try that again when I get home.

I'm still a little confused.. forgive my ignorance..

I think I get the pap section.. which box to tick etc. However, do I send csa along with the reply form to the solicitors?

Also it mentions something about sending a csa to the debt purchaser? I'm assuming that would be Lowell?

[dx100uk]

CCA request not CSA

you can send it to either

 

dont forget the sar to PP with a ctax bill copy.

 

dx

 

[Jashbo]

Sorry.. lot of acronyms to digest. Ok I'll send to both ..

Sar to pp.. ok thanks. What is a ctax bill copy? 

[dx100uk]

click sar and read all the posts there

[Jashbo]

hi.. just recieved this letter from OVERDALES (see attached) .. not sure what to make of it??

 

any ideas?

 

many thanks

 

over aug 22 (2) .pdf

[Andyorch]

16 minutes ago, Jashbo said:

hi.. just recieved this letter from OVERDALES (see attached) .. not sure what to make of it??

 

any ideas?

 

 

 

Name not redacted upload hidden......states a balance nil and they are returning the nil balance alleged debt to their client whoever that is for whatever the alleged nil debt is....simples.

[Jashbo]

.. what?? Is there a chance that you could be a little more specific? I really don't understand what you are saying..