Lowell requesting payment for debt nearly 8 yrs old

[oldgrey]

My son has just come back to live with us
about 8 yrs ago he got himself into some money problems
he's just recently got himself on the voters register and applied to open a bank account. Today he's got a letter from lowell requesting payment for a capital one account. It says it was sold to Lowell on 28/07/2006 and they are requesting payment. The last payment to any account was 8 yrs ago in sept/oct of this year he hopes this means that its now unenforceable if it is what should he do to stop lowell taking action. He has applied for a bank account but could this scupper his chances he hasn't got the card just the sort code and account number. He's checked his old addreses and no ccjs were found.

[fiscalfool]

Re: Lowell requesting payment for debt nearly 8 yrs old

I'm sure Niddy will come along soon to advise. But if the account hasn't been acknowledged in over 6 years, then it's Statute Barred.

I think they are just chancing it.

[oldgrey]

Re: Lowell requesting payment for debt nearly 8 yrs old

thanks when he showed me the letter it doesn't say any legal action will be taken but that they want to work with him to clear his indebtedness he has with them. Its also a headed lowell letter but all communication must be made to red debt collection services i wonder if this is a sub group that works with stature bared accounts.

but yes it is definately nearly 8 yrs and no contact or payment has been sent.

[Riz]

Re: Lowell requesting payment for debt nearly 8 yrs old

Assuming that you are in England/Wales, send to Lowell by recorded post.

Statute Barred Letter - England (6 years)

Red and Lowell are just trading names of the same company. So send to one or the other. Doesn't really matter which.

[oldgrey]

Re: Lowell requesting payment for debt nearly 8 yrs old

thank you rizzle i'll tell him to send it off as soon as he can

reading the letter it does say since no communication or payment has been made in six years its now bared but if it wasn't his account how would he know when the last payment was made ? silly question and feel free to slap me if i'm pedantic lol i just don't won't to give them any ammunition.

[Riz]

Re: Lowell requesting payment for debt nearly 8 yrs old

So you mean that he's not even sure that this is his account anyway?

If so, then this letter may be more appropriate?

Templates - Proof of debt

Or, if you don't mind putting together a composite letter, then you could combine the two.

In other words, a letter that states:

- I do not recognise this debt.
- Based on the info you have given, it would be statute barred even if it was mine.

[oldgrey]

Re: Lowell requesting payment for debt nearly 8 yrs old

oh its his account ! but i thought with the wording of the letter it might give them ammunition that he's aknowledged it. ignore me i'm just being paronoid !

i'll tell him what you suggested fizzle and get him to send the letter regarding statuary barred. thanks

[Angry Cat]

Re: Lowell requesting payment for debt nearly 8 yrs old

Typical Lowell!

Any doubts, send the prove it letter first and later the statute barred letter.

[Riz]

Re: Lowell requesting payment for debt nearly 8 yrs old

oh its his account ! but i thought with the wording of the letter it might give them ammunition that he's aknowledged it.

If it's statute barred, then that is it, end of.

Once a debt is statute barred, then no acknowledgement or payment can possibly "un-bar" it.

[oldgrey]

Re: Lowell requesting payment for debt nearly 8 yrs old

Its his account angry cat no doubt about that and it is nearly 8 yrs old without contact or payment so its barred. as fiscalfool said they are just chancing it and seeing if he bites and starts making payments. if niddy would just confirm thats the right letter ect as i get older i worry more about the little things and need constant confirmation lol

the weather is stopping me from going out so i'm upadting myself with the forum thank you fizzle and others for your advice i hope your well i see the forum is safe in your hands while niddy is away.

[oldgrey]

Re: Lowell requesting payment for debt nearly 8 yrs old

today he's got another letter from lowell giving him his latest statment from 01/10/2008 to 31/05/2011

As i said in the previous posts no payment or contact has been made for nearly 8 years. could someone confirm the 6 yr period stature barred is from the last payment to the orignal creditor. When its sold onto a debt firm which it was on 28/07/2006 that doesn't reset and then its another 6 yrs . to clarify no payment or contact has been made in nearly 8 yrs to either the orignal creditor or Lowell.

he will send the letter tomorrow but i just wanted comments from you guys.

ps sorry for the repetitve posts your probably getting tired of me but i do worry that i could tell him to do something that would harm him.

[kilasuit]

Re: Lowell requesting payment for debt nearly 8 yrs old

it is last payment

doesnt matter if it gets resold a million times

lowells are chancing it

send the SB letter to them

[oldgrey]

Re: Lowell requesting payment for debt nearly 8 yrs old

will do thank you :-)

[garlok]

Re: Lowell requesting payment for debt nearly 8 yrs old

Here we go again Lowells chancing it. Bought another lemon. How on earth do they do it?

On a more sinister note how do they stay in business?

Its Statute Barred Leeds losers.

regards
Garlok

[Angry Cat]

Re: Lowell requesting payment for debt nearly 8 yrs old

Here we go again Lowells chancing it. Bought another lemon. How on earth do they do it?

On a more sinister note how do they stay in business?

Its Statute Barred Leeds losers.

regards
Garlok

TDR Capital buys Lowell Group from Exponent| unquote.com