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    • Chrisjblack23
    • By Chrisjblack23 8th Jul 16, 6:43 AM
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    Chrisjblack23
    Lowells Debt that I do not owe!
    • #1
    • 8th Jul 16, 6:43 AM
    Lowells Debt that I do not owe! 8th Jul 16 at 6:43 AM
    Good morning everyone.

    Hope you can help with this as I'm at a bit of a loose end!

    My girlfriend received a letter from Lowell Financial Ltd stating she owed the sum of around 800 due to outstanding debt from Shop Direct Ltd in June 2015 whom they have bought the debt from.

    They had her full name (she has pretty common name) and quoted an old address (she hadn't lived there for 3 years or so)

    In the first instance we contact Lowell to dispute this and reported this as fraud. We have recently received a further letter outlining the findings.

    They concluded that the debt did belong to us and stated a few vague bullet points as evidence

    - Credit file indicated she lives at that address at the time of debt
    - Payments were being made against the debt until Aug 2015
    -All the goods were delivered.

    Once again, I rang to dispute the findings in this letter and they could give me very little information other than they stand by the decision and will freeze the debt for 30days whilst we continue our investigation.

    My plan was to do as follows:

    1) Get a hard copy of my credit file (I already checked the report online via clearscore and the debt does not appear on there nor does it show that Lowells have done a search on it.

    2) Obtain bank statements covering the start period of the debt (01/06/2015) to the last payment date (28/08/2015) as evidence that no payment has ever been made

    3) I also plan to get my girlfriend to ring Shop Direct to obtain further information.

    I have also read contradicting reports as to whether I should request a CCA.

    Can anyone help/advise with this? It's stressing us both out!

    Thanks
Page 1
    • StokieBecks
    • By StokieBecks 8th Jul 16, 7:21 AM
    • 4,251 Posts
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    StokieBecks
    • #2
    • 8th Jul 16, 7:21 AM
    • #2
    • 8th Jul 16, 7:21 AM
    You need to get your girlfriends credit report not yours if the debt is in her name. Was she living at the address when the account was opened? Shop Direct covers Very, Littlewoods, Simply Be etc ...the catalogue type accounts. Did your girlfriend ever have one of these accounts.

    Also never ring these people. They will use any means on the phone as the team you get through to just want your money. Conduct everything in writing.

    Shop Direct will probably not be able to shed any more light. Even if you have the original account number thry will simply direct you to Lowell
    • fatbelly
    • By fatbelly 8th Jul 16, 8:56 AM
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    fatbelly
    • #3
    • 8th Jul 16, 8:56 AM
    • #3
    • 8th Jul 16, 8:56 AM
    It's their job to prove you owe this, not your job to prove you don't

    So do not send a CCA request. You should have just sent a prove-it. Maybe you did. This post explains

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

    It appears they have shown you no real evidence regarding proof of liability, e.g. statements, signed agreement.
    • sourcrates
    • By sourcrates 8th Jul 16, 10:58 AM
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    sourcrates
    • #4
    • 8th Jul 16, 10:58 AM
    • #4
    • 8th Jul 16, 10:58 AM
    Agree with Fatbelly, send the provit letter, stay off the phone.

    Lowell must prove liability, you don't have to prove a thing.

    Are you 100% positive the account is not hers ?

    Many catalogues are marketed under the shop direct banner.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • Chrisjblack23
    • By Chrisjblack23 8th Jul 16, 6:02 PM
    • 5 Posts
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    Chrisjblack23
    • #5
    • 8th Jul 16, 6:02 PM
    • #5
    • 8th Jul 16, 6:02 PM
    My mistake. My girlfriend has requested a copy of her credit report. The address the debt was registered at was her mother's address in Bristol. She left Bristol in 2012 and moved to the north east. She swears blind she has had no account with any of the catalogue type companies. I am aware that I should have sent the 'prove it' letter in the first instance but panic struck! Is it too late to send the prove it letter after they have already completed an 'Investigation'?
    Last edited by Chrisjblack23; 08-07-2016 at 6:05 PM.
    • Spoonhead88
    • By Spoonhead88 8th Jul 16, 6:55 PM
    • 92 Posts
    • 117 Thanks
    Spoonhead88
    • #6
    • 8th Jul 16, 6:55 PM
    • #6
    • 8th Jul 16, 6:55 PM
    could her mother opened the account?

    DMP - JAN 2016
    Estimated DFD - August 2018 December 2016
    100% Paid
    • sourcrates
    • By sourcrates 8th Jul 16, 7:21 PM
    • 10,545 Posts
    • 10,339 Thanks
    sourcrates
    • #7
    • 8th Jul 16, 7:21 PM
    • #7
    • 8th Jul 16, 7:21 PM
    Is it too late to send the prove it letter after they have already completed an 'Investigation'?
    Originally posted by Chrisjblack23
    Not at all, get it sent !!!
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • Chrisjblack23
    • By Chrisjblack23 9th Jul 16, 9:46 AM
    • 5 Posts
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    Chrisjblack23
    • #8
    • 9th Jul 16, 9:46 AM
    • #8
    • 9th Jul 16, 9:46 AM
    Her mam swears she doesnt know anything about it. She has a pretty close relationship with her mam so can't see her doing anything this harsh. Thanks for all your help guys. I'll let you know the outcome. Hopefully, a positive one!
    • Chrisjblack23
    • By Chrisjblack23 11th Aug 16, 5:44 PM
    • 5 Posts
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    Chrisjblack23
    • #9
    • 11th Aug 16, 5:44 PM
    • #9
    • 11th Aug 16, 5:44 PM
    So I received a letter in response to the 'prove it' letter saying that they're 'looking into my enquiry '. Do they have a specific time frame in which to provide the evidence?
    • fatbelly
    • By fatbelly 11th Aug 16, 6:25 PM
    • 10,659 Posts
    • 7,957 Thanks
    fatbelly
    So I received a letter in response to the 'prove it' letter saying that they're 'looking into my enquiry '. Do they have a specific time frame in which to provide the evidence?
    Originally posted by Chrisjblack23
    No, it's just a waiting game now
    • Distemper
    • By Distemper 20th Mar 17, 9:08 AM
    • 7 Posts
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    Distemper
    Hi
    I wonder if you could offer some advice please? I had a letter from Lowells back in Jan saying I owed 85 to EE in 2013. I sent a prove it letter and they have just come back with some statements that are not on any form of headed paper.. They are now asking me to make a payment but I do not believe I owe this as I always paid my bill in full by DD on the due date. Also I had never, at any time during the 3 years I was with them, ever run a bill up any where near close to that.

    When I left EE in Jan 13 I was told I would get a rebate of around 40-50 I never heard anything after I left. I moved over to O2 on 24/01/13 ported my number across and forgot all about it until April of that year when I got a letter from a DCA saying I owed 93. I sent a prove it letter and heard nothing back. I emailed EE and got no reply from them either..

    I am just not sure where to go from here .. Or how to reply to their letter.. Any advice would be great, thanks.
    • sourcrates
    • By sourcrates 20th Mar 17, 11:28 AM
    • 10,545 Posts
    • 10,339 Thanks
    sourcrates
    Hi
    I wonder if you could offer some advice please? I had a letter from Lowells back in Jan saying I owed 85 to EE in 2013. I sent a prove it letter and they have just come back with some statements that are not on any form of headed paper.. They are now asking me to make a payment but I do not believe I owe this as I always paid my bill in full by DD on the due date. Also I had never, at any time during the 3 years I was with them, ever run a bill up any where near close to that.

    When I left EE in Jan 13 I was told I would get a rebate of around 40-50 I never heard anything after I left. I moved over to O2 on 24/01/13 ported my number across and forgot all about it until April of that year when I got a letter from a DCA saying I owed 93. I sent a prove it letter and heard nothing back. I emailed EE and got no reply from them either..

    I am just not sure where to go from here .. Or how to reply to their letter.. Any advice would be great, thanks.
    Originally posted by Distemper
    Were the statements from your account though ?

    You normally have to give 30 days notice period, after which there will be a final bill, lots of people forget about this last bill, could that be whats happened here ?
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • Distemper
    • By Distemper 20th Mar 17, 3:58 PM
    • 7 Posts
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    Distemper
    Thanks for getting back to me. I have no idea if they were from my account or not there was nothing on them to suggest where they have come from, they are just statements on plain paper showing a DD paid on time every month...

    I had given my months notice and when I phoned for my PAC code I was told I would get a rebate. I paid my bills in advance, minuets and texts were included in my deal and I was out of contract. I never went over my allowance so even if it related to a final amount it wouldn't have been more that 25.

    I have had no communication from EE to say I owed anything, otherwise I would have disputed it at the time. I was contacted in the April of 2013 by a DCA they told me I would not have been able to port my number to a new provider if I owed money and when I asked for proof of the debt none was ever forth coming..

    I still dispute this, I paid my account in full every month by DD I have never run a bill up with any provider. I left EE and went to O2 and I have been with Virgin for the last 2 years..

    How should I best reply to them now, I do not believe they have provided me with any form of satisfactory evidence..
    • sourcrates
    • By sourcrates 20th Mar 17, 4:19 PM
    • 10,545 Posts
    • 10,339 Thanks
    sourcrates
    Thanks for getting back to me. I have no idea if they were from my account or not there was nothing on them to suggest where they have come from, they are just statements on plain paper showing a DD paid on time every month...

    I had given my months notice and when I phoned for my PAC code I was told I would get a rebate. I paid my bills in advance, minuets and texts were included in my deal and I was out of contract. I never went over my allowance so even if it related to a final amount it wouldn't have been more that 25.

    I have had no communication from EE to say I owed anything, otherwise I would have disputed it at the time. I was contacted in the April of 2013 by a DCA they told me I would not have been able to port my number to a new provider if I owed money and when I asked for proof of the debt none was ever forth coming..

    I still dispute this, I paid my account in full every month by DD I have never run a bill up with any provider. I left EE and went to O2 and I have been with Virgin for the last 2 years..

    How should I best reply to them now, I do not believe they have provided me with any form of satisfactory evidence..
    Originally posted by Distemper
    It can be quite difficult disputing a mobile service agreement debt.

    All i can suggest is contacting the ombudsman for your mobile network, there are two, you need to Google which one is responsible for EE, and lodge a complaint with them.

    This has had a mixed response in the past, but short of disputing the debt every time a DCA writes to you, theirs little else you can do.

    (EE and Orange have a terrible customer service record for dealing with complaints such as this).
    Last edited by sourcrates; 20-03-2017 at 4:22 PM.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • Distemper
    • By Distemper 20th Mar 17, 4:28 PM
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    Distemper
    I am not sure I follow. So essentially there is nothing I can do is that what you are saying? They can just demand I make a payment for a debt I do not believe I owe??
    • Arleen
    • By Arleen 20th Mar 17, 4:36 PM
    • 826 Posts
    • 601 Thanks
    Arleen
    I am not sure I follow. So essentially there is nothing I can do is that what you are saying? They can just demand I make a payment for a debt I do not believe I owe??
    Originally posted by Distemper
    Well, you've sent a prove-it letter, they have sent what they conclude is proof enough. You are free to now bin all their letters if you think that you don't owe it, as the only way for them to move further is to file against you with small claims.

    But filling a complaint with Ombudsman, as mentioned before, may be worth doing too, if for no other reason than to make them stop sending letters.
    • sourcrates
    • By sourcrates 20th Mar 17, 4:36 PM
    • 10,545 Posts
    • 10,339 Thanks
    sourcrates
    I am not sure I follow. So essentially there is nothing I can do is that what you are saying? They can just demand I make a payment for a debt I do not believe I owe??
    Originally posted by Distemper
    There are two ombudsman services that regulates the mobile networks.

    Google "ombudsman services EE" , then lodge your complaint with them.

    Here, done it for you :

    https://www.ombudsman-services.org/communications.html

    or you could try again via resolver :

    https://www.resolver.co.uk/companies/ee-complaints
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • Distemper
    • By Distemper 20th Mar 17, 4:55 PM
    • 7 Posts
    • 0 Thanks
    Distemper
    I have just filed a complaint with resolver and will also file one with the ombudsman ...

    The documents they sent could have been typed up by themselves for all I know as there is no evidence to say where they have come from, I don't believe they are satisfactory evidence but anyway I am more than happy to take this as far as I need to.. Thanks
    • pogofish
    • By pogofish 20th Mar 17, 5:02 PM
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    pogofish
    Surely, if you don't owe the debt, then neither Resolver or Ombudsman Services can help you - as they don't consider products and services not sold as within their remit?

    As for Lowells, all that sending a "prove it" letter to them for a debt I don't owe meant was that they passed it on to another bunch of bottom-feeding scum to start all over again!
    • sourcrates
    • By sourcrates 20th Mar 17, 5:22 PM
    • 10,545 Posts
    • 10,339 Thanks
    sourcrates
    Surely, if you don't owe the debt, then neither Resolver or Ombudsman Services can help you - as they don't consider products and services not sold as within their remit?

    As for Lowells, all that sending a "prove it" letter to them for a debt I don't owe meant was that they passed it on to another bunch of bottom-feeding scum to start all over again!
    Originally posted by pogofish
    Getting EE to admit that the OP doesn't owe the debt is the goal here.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
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