Hi, can you advise me on what to do, around 6 and a bit years i amassed a debt with barclaycard around 1000pounds, i defaulted, and my debt was passed onto lowell financial who wrote to me and said they would reduce the debt by a percentage if i paid within a set time, about 7-10 days i seem to remember, i didnt have the finances to do it at the time and still dont, over a period of time they wrote to me asking to call them, I didnt, as i heard about them on this site or another site and was told not to ring them, anyway, we reached an agreement where i would pay one pound a month, i started paying them off at one pound a month, i eventually stopped paying them and didnt hear anything from them for a while, about 6 weeks ago i got a letter from their sister company RED Collections also based in the same office saying they wanted to ring them, i didnt, and they would send a collector round, i dont know if they did or didnt as i do not answer the door, except incase of fire , anyway today i got a letter from another of their sister companies called Hamptons Legal saying my account has been passed to them for their attention, and that an agent has unfortunately been unable to make contact.

it goes on to say Our client Lowell Portfolio 1 ltd has therefore instructed us to assess my account for litigation purpoeses, we now intend to issue county court proceedings against you with a view of recovering the outstanding balance owed by me,

unless an acceptable repayment plan or agreed settlement is in place withing 7 days of this letter legal proceedings may commence.

Should legal proceedings commence there will be an additional claim made against me for payment of interest on the overdue amount in accordance with section 69 of the county courts act 1984 together with legal costs.

Since i received Lowell financials First letter way back, I emailed them and reminded them about SECTION 40 OF THE ADMINISTRATION OF JUSTICE ACT 1940 and told them they were harrassing me and actually committing a criminal offence, which they clearly are. I have contacted Yorkshire trading standards office today and await to hear from you and them, As this debt is over 6 years old and if they took me to court can I tell the judge/court that under section 40 of the administration of justice act 1940 that they are harassing me??? and breaking the law?? or would i have to pay the debt???

Hi, I'm afraid as far as I know the 6 years applies from the last time you made payment towards or acknowledged the debt, not the time the debt was defaulted, so if you have made payment during the last 6 years it will not be statute barred.

You could try requesting a signed copy of your consumer credit agreement, as if they cannot provide this then I believe the debt is unenforceable - try searching for other threads on the subject to confirm.

However if you admit that you owe the money could you not try to come to some arrangement to pay it back, however slowly?

Good luck

ive just been to the post office and bought a one pound postal order and sent by recorded delivery a request under the consumer credit act 1974, a request that they send me within 12 days a copy of this credit agreement, and will wait and see if they do or dont, im hoping they dont and im also hoping they dont find it within 30 days as then the debt is not forceable or so i believe watch this space

Was just reading your post and was wondering what has happened. The same thing has happened to me except its from a debt that was opened in 1992. Apparently an attachment of earning has been placed on it which I paid to???? up until Nov 2003. Is the 6yr rule correct because ive read it isnt? Ive asked the company for the details but they dont have them. They told me to speak to the court. Guess what they dont keep records over 6 yrs old and the original judgement in from 1992. I have no recollection of this an suspect it has something to do with my exhusband. Where do I go from here as its £2500??? Can anyone help??

they could not find my credit agreement and have since written it off and removed it from my credit file