Welcome to the new Debt Questions forum. Feel free to say Hi and tell us a little about yourself.

Moderators: TalbotWoods, JaneClack

By smith30
#464163 Hi

I am new to this but need some help with the mess i have got myself into. :(

In 2007 I got into debt struggled to pay even the minium payment, so being young and stupid i stopped paying. I have had letters over the year but the debts change to a different company.

Anyway one of my debts has landed on Lowells door who have decided to go to the Northampton Bulk Centre and I am being asked to start making payments. I have checked my credit report and it is only showing my history since 2012 which is strange as all everything else shows from date account was open. It also says that I defaulted in 2009 but doesn't show my last payment.

Any advice would be much appreciated
User avatar
By TalbotWoods
#464193 Hi and Welcome

First and first most, when was the LAST time you (or someone on your behalf) either

Paid anything towards this debt

or

Acknowledged in WRITING that the debt was yours

Tim
By smith30
#464223 Thanks for reply Tim

When i moved house i lost a lot of documents so the problem is I dont exactly no and I not sure how to find out.

Is there a way of find out or am i buggered?
User avatar
By TalbotWoods
#464273 Are you fairly sure when you stopped paying. The reason I am asking is that this debt may actually be statute barred, now there are TWO things to can do now.

Firstly you must tell the court you wish to defend the claim in full, do this on line and do is sooner rather than latter. You need to do this to allow time for Lowells to respond to your request to be provided with evidence.

You must then look at what date you had to submit you defence was, then ADD 14 days and put a big red ring around the date on you calendar, as that is the date you MUST submit your full defence, on line! If you are late even by 1 day they will get a summary judgement!

Secondly you must send Lowells TWO letters by Recorded or Special Delivery (You will need to tailor those to your circumstances), keep a copy of the letters and you can get proof of delivery form the internet (Royal Mail).

Hopefully Lowells will then come back with one or better two "we cant provide letters, or maybe they may not even respond at all" which then give you a damned good defence in court, and 'should' get the case thrown out!

Please see the note at the end of this post, IT IS IMPORTANT

So Letter 1 - The debt is Barred, make THEM prove it is not!


Your full address

The Address of the Creditor/DCA

By Recorded Delivery

Date

I/we* do not acknowledge any debt to you or any other company or organisation that you claim to be representing

Dear Sir/Madam

Acc/Ref No 4563210025897412

You have contacted us regarding the account with the above reference number, which you claim is owed by me/ourselves*. I/we* do not acknowledge any debt to you or any other company or organisation that you claim to be representing

I/We* would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

The last payment of this debt was made over six years ago and no further written acknowledgement or payment has been made since that time.

Unless you can provide evidence of payment by myself/us* or written acknowledgement of the debt from me/us* in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed, and should you try to proceed with court action I/we* must inform you that I/we* shall vigorously defend this action in court citing Section 5 as part of our defence.

The OFT Debt Collection Guidance states that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”, which again should you try and proceed to court I/we* will also use this as a defence.

We await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

We look forward to your reply.

Yours faithfully



Mr A N Other



Then Letter 2, this is to get them to prove they have a copy of the ORIGINAL Credit Agreement as required under law, and NOT just a reconstitution one


Your full address

The Address of the Creditor/DCA

By Recorded Delivery

Date

I/we* do not acknowledge any debt to you or any other company or organisation that you claim to be representing

Dear Sir/MadamI do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

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 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

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

You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

I am fully aware of Carey v HSBC Bank Plc [2009] EWHC 3417 (QB) (23 December 2009), so accordingly I am making a legal and formal request under the Consumer Protection From Unfair Trading Regulations (CPUTR) 2008.

I require your organisation to provide written confirmation that states clearly whether you currently hold an original signed Consumer Credit Agreement, or whether you do not hold an original signed Consumer Credit Agreement pertaining to myself.

I require your organisation to provide written confirmation that states clearly whether you have access to and can produce an original signed Consumer Credit Agreement, or whether you have access to and can produce an original signed Consumer Credit Agreement pertaining to myself.

For the avoidance of doubt, an original signed Consumer Credit Agreement is just that; not an application for credit and not a reconstructed or microfiched document from other sources but indeed the original signed document purporting to be signed by myself.

Please note that until such times as a legally enforceable, original Consumer Credit Agreement can be produced and a copy sent to me by return, then this letter is not an acknowledgement of debt and this account will remain in an unenforceable state protected in line with s.127 (CCA1974).

Please also note that failure to provide a direct answer to this request will be brought before the court, should you decide to defy the content of this letter and instruct solicitors to continue enforcement action regardless.

Yours faithfully



Mr A N Other


When it comes to signing this letter, if possible try and get another person to sign it, or maybe uses a computer generated signature. We are NOT saying Lowells would deliberately copy a signature to forge a Agreement, BUT it has been known for staff in this and other DCAs to cut and paste signatures!!!

If this happened then to say you have them by the ............ Well if you ever want to see a Judge go ballistic, then in court just point out they are using a forged signature!

Tim
By smith30
#464493 Ok brilliant I will start working on this today many thanks for your help

I will keep you posted :)
By smith30
#464503 Ok brilliant I will start working on this today many thanks for your help

I will keep you posted :)