Lowell/Red

[First_timer]

Hi there,

I received a letter from Lowell/Red collection agency a couple of weeks ago about a debt I last made a payment on back in Aug 2007. It said if I didn't reply it would take me to court so I phoned them and explained that as no payment had been made and I hadn't made any contact with them myself in over six years I would apply for it to be statue barred and send the relevant paperwork out to them. The person on the phone said their was no need and he would put it in motion.

I received a phone call this morning at 0800 claiming that it has been rejected as statue barred as the initial company HSBC didn't default the debt until 2011 and the girl on the phone was insisting the date starts from when they default it and not from my final payment. I told the person I didn't believe this and that I didn't even know what the debt was for and before we go any further I want them to send me out a copy of the credit agreement and all the supporting paperwork as they could be anyone phoning up and trying to get me to pay for something that I don't remember owing in the first place (I do have a recollection of the debt but im not admitting to it and I did think I had sorted this out last year with some other ones but I could have missed it out I guess).


I was wondering if anyone could give me some advice on this and what to do next.


Thank you for any help in advance.

[ncf355]

Re: Lowell/Red

Number 1 advice: NEVER speak to them on the phone, always in writing!


I would write stating that your position remains that the debt is unenforeable due to the statute of limitations and should they attempt enforcement you will ask for the claim to be struck out and an award of wasted costs on the SOLA basis.

[ncf355]

Re: Lowell/Red

Hmm

This is the case they would probably attempt to rely on........

BMW Financial Services (GB) Limited v Hart (2012)

They may have some weight there, but as said elsewhere on this site it's not a 'one size fits all' situation, so I'd recommend taking advice if and when they get to the point of court action - for now stick to your guns, but make sure you communicate your reliance on SOLA in writing via recorded letter so you can show you are communicating weith them

Also add to the letter you want ALL comms in writing

[First_timer]

Re: Lowell/Red

Hmm

This is the case they would probably attempt to rely on........

BMW Financial Services (GB) Limited v Hart (2012)

They may have some weight there, but as said elsewhere on this site it's not a 'one size fits all' situation, so I'd recommend taking advice if and when they get to the point of court action - for now stick to your guns, but make sure you communicate your reliance on SOLA in writing via recorded letter so you can show you are communicating weith them

Also add to the letter you want ALL comms in writing

Thanks for your reply and apologies I should have made it clearer its not for a bank account it was for a credit purchase from PC World. They used HSBC at the time I guess. Not sure if this makes a difference.

I will stop speaking to them over the phone from now. I spoke to them the first time on the phone to see what it was about and this morning they rang me from what showed as a mobile number at 0800 so I thought something might be up with someone. I never would have imagined it would have been them at that hour.

[ncf355]

Re: Lowell/Red

Have you sent a CCA request for the debt?

Was it for a fixed sum (one purchase only) or a budget card/similar?

[First_timer]

Re: Lowell/Red

When I spoke to them today I said I didn't know what the debt was for so I would require them to send me a copy of the signed credit agreement and any supporting paperwork to go with it. I said I would apply or it in writing if required and she said it was ok they would send it to me but it could take 60-90 days for them to do so.

It was for a single purchase.

The reason I didn't send the letter to get it statue barred in the first instance was at the end of the first phone conversation the person said there was no need he would pass the information on to the correct department and get it done.

Today the lady said because HSBC defaulted it in 2011 I couldn't have it statue barred. She said they could see no payment had been received since Aug 2007 but that is irrelevant as the company didn't decide to default it until 2011 and that's what matters.

I thought I remembered from a friend having a issue like this it was from the last payment or letter received from myself regarding the debt. I was unsure if things had changed which is why I cam to you guys for advice.

[ncf355]

Re: Lowell/Red

OK

Lets put aside the SOLA issue for now

You need to get that CCA request in writing , they have 12+2 working days from the date they receive the request, after which they cant enforce

Are Red claiming they have purchased the debt, or acting on behalf of HSBC?

Try this

[ncf355]

Re: Lowell/Red

Your name
Your address
Your address
Your Postcode

DATE

Creditor Name
Creditor Address
Creditor Address
Creditor Postcode



Dear Sir/Madam


I ADMIT NO DEBT TO YOUR COMPANY OR ANY RELATED 3RD PARTY

Re:− Alleged Account Number xxxxxxxxxxxxxxxxxx

Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

Your obligation also extends to providing me with a signed statement of account.

I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act.

I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.


Yours faithfully,


YOUR NAME

[ncf355]

Re: Lowell/Red

Sign the above with a computer font

[First_timer]

Re: Lowell/Red

Thank you for this I will get it sent of today.

You have been a great help.

[First_timer]

Re: Lowell/Red

As for purchasing the debt im not to sure. This is the first line of their letter to me if it helps.

We are Red Debt Collection Services, the debt collection division of Lowell Financial Ltd, and we are instructed to collect the money you owe to Lowell.

[ncf355]

Re: Lowell/Red

Welcome

Best of british, come back here when you get a response to that or any further contact

[ODC]

Re: Lowell/Red

Glad to see you were not intimidated by the telephone threat monkey. Follow the advice you have been given. The Leeds Losers will huff and puff but will back down

[First_timer]

Re: Lowell/Red

Hello again.

I received a letter from them today dated 20 May.

Its Lowell saying they have asked my original lender for a copy of my credit agreement along with statements.

They say they will try to send it within the 12 days but this depends on the original lender.

[FlamingParrot]

Re: Lowell/Red

Hello again.

I received a letter from them today dated 20 May.

Its Lowell saying they have asked my original lender for a copy of my credit agreement along with statements.

They say they will try to send it within the 12 days but this depends on the original lender.

According to the post below, you sent the request a month ago, so they are well over the 12 days, aren't they? :clock:

No need to reminder, the account will be unenforceable while they are in default of your request. :thumb:

If you do hear from them, post up here. :typing:

Thank you for this I will get it sent of today.

You have been a great help.