Scottcall/Lowell debt collection NOT MY DEBT

EssexGirl

Late last year I recieved a letter from Lowell Portfolio, telling me that I owed £500 to T-Mobile.
Well the letter was addressed to my name, but the wrong gender title, and I have never had a contract mobile phone, not any dealings with T-Mobile, not even on PAYG.

Anyway when I phoned Lowells, they told me that my DOB didn't match what they had on record, and they had traced me from my previous address which I haven't lived in for a good few years, yet the the debt was run up very recently.

They told me to report it to the Police as fraud and get a crime number, which I did. Once I had given them the crime number they told the case had been closed.

Lo and behold, I have just had a letter from Scotcall telling me to pay up or expect a call from one of their heavies. So I phoned Scotcall, who told me to contact Lowells again as they obviously haven't closed the account as promised.

What do I do now? Is there any way of getting rid of them once and for all?

I'm under enough stress in my life as it is, and I really don't need this extra hassle. Can I sue them for harrassment?

fermi

Send them the letter below.

If they continue after that, report them to the 'Office of Fair Trading' and 'Trading Standards'.

National Debtline "prove it" letter

1 High Street,
Newtown,
Kent
R21 4RH
October 9, 2007

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

Dear Sir/Madam

Ref: xxxxxxxxxxx

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

We would point out that we have no knowledge of any such debt being owed to The Loan Company.

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

We would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question.

We await your written confirmation that this matter is now closed. Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

We look forward to your reply.

Yours faithfully





Mrs A N Other

NO-BRAIN

I too am having difficulty with Lowell financial. I have sent them letters askng they provide proof of original debt or stop hassling us and they just ignore them and continue to send letters saying we are ignoring them and threatening to take action against us. When I rang them and said I had wrote to them twice requesting further evidence as I am positive the debt isn't ours they said they had received my letters but I have to send them a cheque for £2 to pay for them to locate the copies of evidence.

I've never heard of this before-does anyone know if they can ask payment for this?? Also is there a time limit which they should provide the evidence by??I find it odd that they don 't request the money from us in writing and their letters suggest that we have not made contact with them when we have-it makes me think they have something to hide!!! any help would be greatly appreciated, thanks

EssexGirl

Thank you, letter prepared and ready to be posted. I'll wait and see what happens now.

10past6

NO-BRAIN wrote: »

I have sent them letters askng they provide proof of original debt or stop hassling us and they just ignore them and continue to send letters saying we are ignoring them and threatening to take action against us

If you've sent the letter posted by fermi above, it clearly states within that letter

Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions

If they've ignored your request, you MUST report them, it's no good making threats the DCA knows in most cases will not be carried out.

insideinfo

Sorry to butt in without a valid answer. If Lowell are misbehaving you should report them. This particularly nasty company are being monitored due to the level of complaints made against them. Make a few more and it won't be long before the FSA slap a warning on these people. Please, complain complain complain.

NO-BRAIN

I didn't have a copy of the letter shown here, I just simply requested they send evidence or stop hassling us. I'll send another letter now to state what will happen if they continue to persist.

Thanks,

P.s Does anyone know if there is a time limit for them to provide the evidence requested?? Can they charge me money for it?

sgt.tibbs1977

There is a 1 month deadline to provide the signed agreement, if they do not and continue to ask you for the money then they are committing an offence. As well as breaking Office of Fair Trading Debt Collection Guidlines. In answer to do you have to pay for this signed agreement, the answer is yes, they can charge a nominal £1 fee for this service, but if they had it they would have already sent it so keep on at them until they do.
If they refuse and continue to contact you you have a number of remedies.
Send a letter of complaint similar to the one posted above. You could also quote section 40 of the administration of justice act 1970 which defines harrasment.
Allow the debt to become statute barred, each creditor has six years in which to enforce a debt through the courts, however, this six year period is reset each time you acknowledge the debt or make a payment.
If they take you to court it is important you file a defence and request the agreement and any acknowledgements of the debt under section 81 of the county courts act 1974 (if my memory serves me correct). If you fail to file a defence the amount could become enforceable.
Check your credit reference report, if it shows up make sure that you contact the information commissioner and ask for an amendment to be made to your credit reference report then contact the Office of Fair Trading via consumer direct. Whilst this may have no bairing on your case directly it may result in the company having their licence revoked and/or a large fine imposed.
Hope this helps.

sgt.tibbs1977

Forgot to say, Lowell specialise in buying statute barred debt. If you have any further problems the Citizens Advice Buruea are often willing to send a letter on your behalf.

Merlinexcalibur

In answer to do you have to pay for this signed agreement, the answer is yes, they can charge a nominal £1 fee for this service, but if they had it they would have already sent it so keep on at them until they do.

Er, this is wrong - you cannot CCA a mobile phone contract. Plenty online (CAG being one place where this is discussed regularly) about this and MSE if you want to check.

http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed/70464-mobile-phone-companies-consumer.html

BTW, the 30 day limit no longer applies to a CCA request regardless of whether one applied here or not. It hasn't for quite a while. It is now 12 working days which doesn't even apply with either a mobile or broadband contract because they are not credit accounts.

All that is needed is the prove it letter which Fermi kindly supplied for the OP. Which clarifies succinctly what the requirements of Lowell are; like any other creditor/DCA who wrecklessly pursues someone incorrectly.

P.s Does anyone know if there is a time limit for them to provide the evidence requested?? Can they charge me money for it?

Follow the advice Fermi gave you. Why should you pay, for example, to receive proof of a debt that isn't even yours? Hence everything that needs to be said is in that letter. Up to you but I really wouldn't go paying for an agreement to prove you don't owe the debt. Lowells obligations are set in stone as to this. As per the letter.

sgt.tibbs1977

Sorry, had not noticed it was mobile phone, you are right CCA does not apply. However, whilst they are required to provide it within 12 days they are still committing an offence if after 1 month they have not provided it and can still charge a small fee.

In respect of remainder of advice this is still valid, they still only have six years to enforce the debt through the county courts and knowing lowell this time has probably already passed so simply send out the letter above or a different letter advising them the debt is subject to the statute of limitations act and if they do take court action ensure that a defence is lodged. Also check your credit reference report and report the matter on consumer direct.