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  • #1

    Statute Barred but still letters

    Been getting letters from Lowestofthelowells about an old debt which I knew was now statute barred. Was before chrimbo and just ignored the letters. To be honest I couldn't even be bothered getting template, printing out etc. and posting so just gave them a call.

    Began by telling them I don't know of any debt and asked out of interest when the last payment or contact was made. They said what I expected which was 2004. Let him know that even if it was my debt it would surely be statute barred and let him know that I would not be paying and didn't want any more communication.

    He agreed that they would close the file. Unfortunately this past 2 weeks I've had 3 more letters from them and there other departments like Red collections.

    Looks like I'm going to have to waste a bit of time and actually write to them recorded and get it in writing so that they stop sending letters demanding payments etc. and threatening all sorts.

    As I've already told them to stop contact, albeit over the phone, should I send a normal template letter or something a bit stronger letting them know that this is the 2nd time I've had to ask them to stop it?

    Or should I just let them keep wasting their money in sending me letter after letter ? What's the worst that could happen ?
    I hereby promise to treat Debt Collection Agencies with the same values that they treat me. UTTER CONTEMPT !!

    Tags: 2nd, act, bankrupt, collections, complaints, con, court, debt, email, employee, fake, fee, fos, free, harassment, interest, legislation, letter, letters, letting, money, oft, payments, phone, statute, statute barred, stop, telephone, template, template letter, unfair
  • #2
    Re: Statute Barred but still letters

    Have you seen this---> http://forums.all-about-debt.co.uk/s...ead.php?t=8740
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    • #3
      Re: Statute Barred but still letters

      I'm having similar issues at the moment with Crapbot Farcical. They have assigned an alleged debt which became statute barred on 30th December to ScroatCall. So far, both ScroatCall and Crapbot have ignored my complaints which were sent on 5th January.

      One possible issue is that the OFT Guidance only considers it an unfair practice to continue to pursue a debtor after the debtor has informed the creditor that they will not be paying the alleged debt because it is statute barred. So, anything they do before you tell them this is not going to be considered unfair practice.

      I wouldn't worry about Clownell too much. They are a strange hybrid. Their main source of ill-gotten gains is making people bankrupt, yet they still grovel in the gutter trying to chase statute barred debt. It is unlikely they will pursue it for long, because they run the risk of you referring a complaint to the Fobbing Off Service who will charge them a mediation fee. If it is clear that you won't be paying, what can they gain?

      Did you record the telephone conversation? If not, I would send them ONE letter telling them to go away. If they really want to get into arguments over legislation, you can always respond cost free in the future by email.

      Originally posted by billypre View Post
      As I've already told them to stop contact, albeit over the phone, should I send a normal template letter or something a bit stronger letting them know that this is the 2nd time I've had to ask them to stop it?
      I would send an amended version of any SB template. If you have already told them by voice that you want the harassment to stop, that fact should be recorded in writing, so mention it at the start of any letter you send. Mention that their own employee informed you that the file had been closed.

      Originally posted by billypre View Post
      Or should I just let them keep wasting their money in sending me letter after letter ? What's the worst that could happen ?
      Well, the worst that could happen is that they fake a payment or written acknowledgment, go to court, and get the fakery believed and get a judgment. It is extremely difficult to pull off, though, and they would be taking a huge risk to try.

      You'll definitely need to send one letter (or email if you're absolutely boracic), just to get a written acknowledgment from Clownell that they have closed the file. Head it “Formal Complaint”, so you will have the right to escalate it to the FOS if they ignore you for eight weeks.

      SH

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