lowell chasing debt that doesnt exist

luxsman50 · 9 October 2016 at 4:04PM

Hello all, im sure this question has been answered, but any help will be appreciated. I checked my credit rating to find it had dropped to under 400 (noddle). Lowell had put 3 defaults on my file without warning, no letter no calls. I rang them and they said i owe Orange on 2 accounts and Comet on the other. I genuinely have no idea about these debts. After a bit of research, i found a template letter asking lowell to send me original agreement, a statement for each account and £3 fee (£1 for each account) and to supply the information within 12 working days .
I received 3 replies from lowell (1 for each account) The one for Comet says the account is on hold until they receive the documentation, and will update me after 40 days if they have not heard from them.
The 2 for Orange are very similar, but they are saying that these accounts are not regulated by the CCA 1974, and therefore not required to supply them.
Again, they have put the accounts on hold until they hear from Orange.
Well, 12 working days have now passed and i have not heard anymore from lowell, so im wondering what to do next. The defaults are still on my credit file.
Thanks for any help

sourcrates · 9 October 2016 at 4:28PM

That's correct, mobile accounts are not covered by the consumer credit act, so a CCA request won't be appropriate in those cases, the comet one must of been a store card possibly ? That would be covered.

The 12 days are basically just guidelines, it sounds like they have requested proof of the debts from the original creditors, you can expect this to take anywhere up to a couple of months.

Just sit back, wait and see what they come back with, but I can tell you now, all orange will say is that the debt is owed and outstanding.

Any ideas who could be responsible for this, assuming it's not something you've forgotten about ???

fatbelly · 9 October 2016 at 4:34PM

It's also not appropriate to use a cca request on a debt you deny is yours, as only the account holder has the right to make that request under s77-9 of the Consumer Credit Act. Use a prove-it.

This thread explains

http://forums.moneysavingexpert.com/showthread.php?t=2607247

redux · 9 October 2016 at 4:35PM

Orange could also be home landline and/or broadband, but I assume the same comment about CCA would apply.

luxsman50 · 9 October 2016 at 6:24PM

Thanks for the reply,
I know i dont owe this debt, if Orange just say the debt is owed and lowell dont have any hard evidence, what would be the next step Also how long do you give them to respond, cheers

fatbelly · 9 October 2016 at 9:40PM

The ball is in their court.

If what they come back with (and they will come back with something even if it's 'we've checked and you do owe us') doesn't convince you then the post #3 in my earlier link would normally apply as a follow-up to the prove-it.

But you may have to re-word it a bit so it links to what you've already said.

luxsman50 · 11 October 2016 at 6:34PM

Just received a letter from lowell, all they have done is re-word the last letter saying I owe the debt. There is no evidence/documents, just a demand on their own letterhead. The 12 days have now passed. I'm going to write back to them using fatbelly link, but does anyone know if there is a time limit I give lowell as I have these defaults on my credit file which is affecting me. Cheers

sourcrates · 11 October 2016 at 7:50PM

luxsman50 wrote: »

Just received a letter from lowell, all they have done is re-word the last letter saying I owe the debt. There is no evidence/documents, just a demand on their own letterhead. The 12 days have now passed. I'm going to write back to them using fatbelly link, but does anyone know if there is a time limit I give lowell as I have these defaults on my credit file which is affecting me. Cheers

Don't worry about time limits, DCA's never stick to them anyway, these things tend to drag on a long time until Lowell decide it's no longer worth there while chasing it, at which point they may pass it to one of there other shadow companies to continue harassing you, if you don't get a satisfactory answer to your next letter then complain to the financial ombudsman.

lowell chasing debt that doesnt exist

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