DCA's and overdrafts

Bazza66

Hi All,

Great forum - has helped me massively with CCA requests.

But I have a problem with Lowell and an old overdraft.

Last Aug Lowell-life started the "lets keep our postman busy" campaign with letter after letter requesting payment. I CCA'ed them and they replied with its a bank overdraft so not CCA applicable (fair enough).

Now not wanting to shell out any money to anyone who asks for it I wrote to them with the "Prove it" letter.

A month passes and they come back with 16 pages of internet page printouts of my last few statements. The statements only bear my name and no other means of identification that they are mine. They state that the final entry on the last statement of "Account Adjustment" was to prepare the account for them - that was dated 2003!!!

I wrote back basically saying this is now a formal complaint because they have failed to prove they own the debt. They sent me some "fob off" letter which really told me nothing or proved any debt and if I was unhappy I could take it up with the FOS. I have not but I do have 6 months after initial complaint to do that which is still in the timescale. But I doubt the FOS would do anything from what I hear.

All quiet until the start of this year and the letters have started again (both from Lowell and Hamptons - same company I know).

I have an outstanding bank charges on the account with HSBC (which would nearly wipe the whole amount off) so the account is in default at present I am lead to believe. I have not told Lowell this since they have not proved anything to me and I dont want to give them any more information.

The letters (standard ones) threating to look at my credit file and see if I own a house and will do this and that. Same old letters and they still come.

The whole thing is really getting on my nerves - if they can prove they have been assigned the debt (I have had no correspondence to that affect) then I will let them know the balance is disputed and they cant do anything until that is statisfied. But they are failing to prove anything.

What can I do? Any help would be greatly received!!!

PS If I had hair I would be tearing it out! :laugh:

Bazza66

Just looked at my credit file and Equifax says the account has been closed with a balance of £731 (Lowell-life sent me a statements which showed the final adjustment of £834 which the claim was to prepare the account for them).

The figures dont balance.

Also the credit file says this entry is by a Debt Collection agency and was put on July 08!

Ummm....