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  • FIRST POST
    • luxsman50
    • By luxsman50 9th Oct 16, 4:04 PM
    • 3Posts
    • 0Thanks
    luxsman50
    lowell chasing debt that doesnt exist
    • #1
    • 9th Oct 16, 4:04 PM
    lowell chasing debt that doesnt exist 9th Oct 16 at 4:04 PM
    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
Page 1
    • sourcrates
    • By sourcrates 9th Oct 16, 4:28 PM
    • 8,408 Posts
    • 8,227 Thanks
    sourcrates
    • #2
    • 9th Oct 16, 4:28 PM
    • #2
    • 9th Oct 16, 4:28 PM
    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 ???
    Last edited by sourcrates; 09-10-2016 at 4:31 PM.

    For free debt advice please call National Debtline on
    0808 808 4000
    Monday to Friday
    9am to 9pm
    Saturday 9.30am to 1pm
    • fatbelly
    • By fatbelly 9th Oct 16, 4:34 PM
    • 10,093 Posts
    • 7,568 Thanks
    fatbelly
    • #3
    • 9th Oct 16, 4:34 PM
    • #3
    • 9th Oct 16, 4:34 PM
    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
    • By redux 9th Oct 16, 4:35 PM
    • 15,580 Posts
    • 18,380 Thanks
    redux
    • #4
    • 9th Oct 16, 4:35 PM
    • #4
    • 9th Oct 16, 4:35 PM
    Orange could also be home landline and/or broadband, but I assume the same comment about CCA would apply.
    • luxsman50
    • By luxsman50 9th Oct 16, 6:24 PM
    • 3 Posts
    • 0 Thanks
    luxsman50
    • #5
    • 9th Oct 16, 6:24 PM
    • #5
    • 9th Oct 16, 6:24 PM
    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
    • By fatbelly 9th Oct 16, 9:40 PM
    • 10,093 Posts
    • 7,568 Thanks
    fatbelly
    • #6
    • 9th Oct 16, 9:40 PM
    • #6
    • 9th Oct 16, 9:40 PM
    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
    • By luxsman50 11th Oct 16, 6:34 PM
    • 3 Posts
    • 0 Thanks
    luxsman50
    • #7
    • 11th Oct 16, 6:34 PM
    • #7
    • 11th Oct 16, 6:34 PM
    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
    • By sourcrates 11th Oct 16, 7:50 PM
    • 8,408 Posts
    • 8,227 Thanks
    sourcrates
    • #8
    • 11th Oct 16, 7:50 PM
    • #8
    • 11th Oct 16, 7:50 PM
    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
    Originally posted by luxsman50
    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.

    For free debt advice please call National Debtline on
    0808 808 4000
    Monday to Friday
    9am to 9pm
    Saturday 9.30am to 1pm
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