Prove it! How long

Bazza66

Hiya all,

Firstly this forum is just the font of all knowledge. Has helped me tremendously!

Thats the creeping over with now my question.. ;-)

I have sent a "Prove It" letter (as per the one in http://forums.moneysavingexpert.com/showthread.html?p=11570893#post11570893) to Low(life)ell. It has now been 17 days (they signed for it on 14th Aug) and I have yet to hear anything?

Do I chase this up and say you have had x days now remove all my records from your system as per Data Protection Act so do I just leave it?

Thanks in advance
Bazza

Rabbit-in-headlights

Hi Bazza, sorry I can't give you an answer but will bump you up back to the top so someone else will be along soon...

GeorgeUK

I wouldn't bother chasing them up. If they forget about it then so much the better, or it may not have been your debt at all and someone else is now dealing with it. Alot of these letters are just fishing letters so i wouldn't waste any more stamps on them.

LilacPixie

I would leave it for the moment. Bank holiday weekend etc etc.

I'm not familliar with your history, did lowell send you a fishing letter?? I would write again in one calander month saying that you are disappointed that they have chosen to ignore your letter signed for on xx date by xxxx. enclose a copy. tell them that as they have chosen to not send written confirmation that the matter is closed you consider them to be contraveaning the OFT debt collection guidance highlighted in your 1st letter. Say that you are now making the OFT aware of their actions.

Bazza66

Sorry should have given some details first.

Kept keeting letters from Red Collection AND Hamptons Legal (usually within a couple of days of each other) so came across this forum and duly sent a CCA request. They replied saying it was for a bank account and that the CCA is not applicable. Which is fair comment. I remember having an HSBC account many moons ago (circa 2000) and thought it was closed and done with. Hence I have sent the "Prove it" Letter.

I was wondering if there is a time limit on "Prove It" letters? e.g. they have 40 days on a SAR, 12+2+30 (although I believe the +30 isnt true anymore) on a CCA, etc.

I think I will wait a calendar month and say I am disappointed they have not written back (if they havent in that time) and will state I see the matter as closed. I will also bring to their attention that they have been using unfair means (writing to me from 2 companies that are the same - cant remeber the actual clause off the top of my head but its in the OFT Guidelines).

Thanks for your help.
Bazza

Bazza66

Since sending my letter to "Prove it" I have noticed a search on my Credit File (Experian) from a DCA.

Question - they are obviously trying to find out who I am. My question - Are they allow to search my credit file without my permission under the Data Protection Act? If they do not own the alledged debt then are are not allowed to have my records on their system?

Can I do anything about this?

Bazza

HannaB

Hiya,

I'm just bumping this up. I would like to know too for a friend of mine.

Thanks

HB

Bazza66

Update :

I sent the "Prove it" Letter and the letters from Lowell-life stopped. I thought great. About 30 days later they sent their reply attaching 18 pages of copies of bank statements. The last statement showing a credit of £856 to zero the account. In their letter they said that was HSBC sorting the account in readiness to pass to them! Yeah right!

So having searched a few more forums I couldnt really find anything to go on next. So I've taken it on my own initative (rightly or wrongly). So I have sent them a formal complaint letter pointing out the facts in the "Prove it" letter because in my eyes a copy of some statements isnt proof of a debt.

I have recieved a reply yesterday from them just saying they are in receipt of the complaint and will investigate and have 4 weeks... blah blah blah. The normal complaints timescales before escalating upto FOS. And amazingly the letters have stopped again.

Now the funny thing about the letters is the first said I have 7 days to cough up... 5 days later I got one saying I have 5 days to cough up (2 days before the 7 had run out). So they cant even get their dates correct. So guessing if it has to go to court then I can plead on the harasment side.

Will keep you posted if I hear anymore.

If anyone has been through this process and would like to add their experience for the benefit of others (there seems to be very few threads for the "Prove It" letter and what to do) then please do! I'm sure they will be appreciated.

RAS

Hi if this was a bank account from 2000, then the debt is probably statute barred. Whn was there last any activity on the account?

sparky0107

Just bumping you up

Bazza66

RAS wrote: »

Hi if this was a bank account from 2000, then the debt is probably statute barred. Whn was there last any activity on the account?

The account was closed by HSBC in Jun 2003 so not quiet statute barred. No payments have been made since then because I was led to believe that HSBC had "written off" the debt.

Another thing is - the account was zeroed in Jun 2003 by HSBC. Lowell-life told me that that was to prepare the account for them. But I have since found out that the debt was "sold" to Lowell-life in Jun 2007 so how could the account have been zeroed ready for Lowell-life BEFORE they were "sold" the account is beyond me. They must think I was born yesterday.

They have (they recieved 3 weeks ago) a formal complaint and they have replied saying they are dealing with it. They have 1 week left to write back to either resolve the issue or give reasons why it may take longer (they will be allowed another 4 weeks before going to FOS).

I'll keep you posted.

But my guess is if Lowell-life ever write to you (sorry harass you) with a bank account then I would SAR the original bank and what the status of the account is. if its been zeroed and the assignment if far later then my guess is the original bank has written off the debt and sold it to a DCA. My understaning is selling the debt has tax benefits to the bank so they are prepared to sell for pennies... and I mean pennies!!!!