Scottcall/Lowell debt collection NOT MY DEBT

Merlinexcalibur

This is okay, we all make mistakes. The statue barred information is correct, however. Unless it's in Scotland. But it looks like NO BRAINS debt is the same as the OPs - it's not theirs.

after 1 month they have not provided it and can still charge a small fee.

Where does it say that in a CCA request? What fee? Once you pay that £1 that is the only fee anyone pays for a CCA request. Who, where does it say they can charge another fee?

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.

Well, I must be going insane then as they are saying you have to pay a 'fee' to prove the debt is not yours when they are harassing you for a debt that isn't yours ... yet have to pay THEM to prove it's not your debt? Okayyyy. Outta here before I rip my hair out.

naijapower

As i have always stated, i encourage more and more people to make formal complaint about Lowell. This is the only way to run them out of their bogus business

sgt.tibbs1977

Merlinexcalibur wrote: »

This is okay, we all make mistakes. The statue barred information is correct, however. Unless it's in Scotland. But it looks like NO BRAINS debt is the same as the OPs - it's not theirs.

Thanks for pointing it out, would hate to give anybody bad advice. Will have to take you word about scottish laws.

Where does it say that in a CCA request? What fee? Once you pay that £1 that is the only fee anyone pays for a CCA request. Who, where does it say they can charge another fee?

Sorry, think we are talking cross purposes, the £1 is the only amount they can ask for, no additional fee can be charged.

Well, I must be going insane then as they are saying you have to pay a 'fee' to prove the debt is not yours when they are harassing you for a debt that isn't yours ... yet have to pay THEM to prove it's not your debt? Okayyyy. Outta here before I rip my hair out.

Section 40(1) of the adminitration of justice act 1970 is always a good quote to get them worried re. harrasment.
I agree with the last qoute, get them reported to the OFT, 1st credit were taken to task as a result of their questionable debt collection practises, everyone has the right to representation, including creditors, but that does not amount to allowing harrassment!

NO-BRAIN

Okay alot of information, just to clarify please...the debt is for a credit card which is not on my credit report. So they can ask me for a fee but only £1 and not the £2 that they requested on the phone (they have not requested the money in writing) They are required by law CCA? to provide evidence within 12 days, quote OFT debt collection guidance and quote section 40 admin of justice act (harassment). If they continue I must report them to trading standards and OFT. Have I understood correctly?
thanks

sgt.tibbs1977

Pretty much but if it is not on your credit reference report then probably better off just cutting out the middle man and sending the statute of limitations letter. Your Credit Ref. Report goes back six years so if it is not on there it is likely to be more than six years old so if they have not taken any action on it then chances are they are out of time to enforce. For the template letter see factsheet 25 on the national debtline web page or head to your local citizens advice who may be able to send the letter on your behalf. Once the six years has passed on a statute of limitations debt it can not be restarted. If they do not stop chasing you after this then for a credit card debt I would recomend the Financial Ombudsman Service, it is free to lodge the complaint and you can ask for compensation into the bargain. You can also complaint to the OFT as well though as far as I am aware but this will have no bearing on you personally.
But if you want to go for a copy of the credit report you can do, yes they must provide it within twelve days and yes it is £1 per agreement, unless this has gone up recently, but have not heard of it going up. Do not forget that if the agreement was taken out post april 2007 challenging the agreement is a lot harder.
If they continue to harrass you without providing the info requested then you can also just ignore them. But if you choose this option then be sure to respond to any court paperwork that they may issue, just in case.
Hope everything goes well.

Merlinexcalibur

Okay alot of information, just to clarify please...the debt is for a credit card which is not on my credit report. So they can ask me for a fee but only £1 and not the £2 that they requested on the phone (they have not requested the money in writing) They are required by law CCA? to provide evidence within 12 days, quote OFT debt collection guidance and quote section 40 admin of justice act (harassment). If they continue I must report them to trading standards and OFT. Have I understood correctly?
thanks

NO BRAIN. You would be better starting your OWN thread because as you can see it is confusing issues for everyone trying to help you and for the person whose thread this belongs to. It's also not fair on the OP. I think that's a pretty reasonable request under the circumstances. Don't you?

Otherwise things like the above are going to happen.

BECAUSE THIS IS A THREAD FOR SOMEONE DEALING WITH A MOBILE PHONE CONTRACT and a debt that is not theirs to start off with not a credit card. So, automatically, anyone replying to your posts, with that in mind are going to assume they are one and the same. Because most who did reply were dealing with the OPs. It's just confusing things.

NO-BRAIN

The thread was regarding Lowell financial and debt not being theirs-same issue as mine I believe and I think anyone else reading through posts would find information on CC and mobile phones being different issues helpful-this is what the forum is for I believe-'help not condemnation'??

Thanks to all for help-especially Sgt.Tibbs and Fermi

RobertoMoir

EssexGirl wrote: »

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?

You could just ignore them. You've told them they're making a mistake. You don't have to prove you don't owe the money, they have to prove that you do, and they'll have a tough time of it under the circumstances.

If you decide that you have to deal with them, do so via letters, not emails or telephone calls. That way you'll have a record of what was said, and if you do need to take more formal action for harassment you'll have proof.

JulesSim

My partner is now having trouble with Lowell for a debt supposedly with O2 that they have bought.

The first he knew about this was in November 2009 when Lowell sent him a chasing letter saying he owed £37 for an O2 debt, he rang them up and asked what it was about as he didn't believe he owed them any money. They said they would have to get copy records from O2 and in the meantime they would place the account on hold. They followed it up with a letter confirming the same. About a month later the same letter came through saying that they were still waiting for records to come through and the account was still on hold. so far he's had about 3 letters saying this. Having checked his credit report in February the debt shows on there as defaulted, so we wrote to them again saying please could they send records and surely it doesn't take 4 months to get these. They responded with a letter saying they were still waiting and not to contact them again or the original company owed money (O2)?!?! Since then another of the original letters have been sent saying they are still awaitng information.

Sick of this my partner rang Lowell today and amazingly the woman he spoke to was able to give him the mobile number of the phone concerned (so he can make checks, if he does owe it he's happy to pay it but isn't convinced it's outstanding) previously they've said they can't give anything out, but wouldn't give him the telephone number for O2. We soon got this from the internet so he then rang O2.

They said that the records no longer exist as the debt was sold to Lowell in 2007!!! so it's taken them 2 years to even make contact!!! he explained that Lowell told him they were waiting for the records from O2, O2 claim this can't be correct as when the debt is sold all the records are passed across too.

He then rang Lowell back, the man he got this time agreed that 4 months is a long time to wait for records, and when he explained that O2 said they pass all the records to Lowell he denied this - so someone is lying and after seeing some of the information on the net about Lowell I would suspect it's them!

Having seen all this good information we shall be writing to them again with a bit more legal jargon.

AndyLGR

I have a similar issue with Lowells trying to collects a debt from the phone company 3. 3 actually wrote the debt off, due to the bad service I received and they provided me a copy of this in writing. In the meantime Lowells have continued to pester me for the last year about this debt, every time I just send them a copy of my letter from 3 as proof of it being written off.

Who is that we should be complaining to about this company?