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Lowell/Red Collection

Hi guys, I received a letter from Lowell last November stating that I owed £300. I was 100% sure that I didn't owe money to anyone (sold my house to pay my debts off & start afresh 2 years earlier - best move I ever made :)). I asked Lowell for proof that I owed the money. The guy on the phone laughed, but said he'd sort it. I heard nothing until June this year when I noticed that Lowell had logged the £300 debt on my credit record. The following morning I received a letter from Red Collection agency demanding the money or they would take court action. I rang them, explained that I knew they were the same company & again asked for proof of the debt. After trying to get me to pay a settlement figure, she agreed to send me the proof, although it could take up to 3 months. It's now been nearly a year since I originally asked for proof and the 3 month time frame set in June has gone. They obviously can't prove I owe this mysterious debt, yet I have it logged on my credit report. Can they do this? Can I get it removed?
Thanks in advance for any advice
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Comments

  • FTW
    FTW Posts: 8,682 Forumite
    bevhicks77 wrote: »
    Hi guys, I received a letter from Lowell last November stating that I owed £300. I was 100% sure that I didn't owe money to anyone (sold my house to pay my debts off & start afresh 2 years earlier - best move I ever made :)). I asked Lowell for proof that I owed the money. The guy on the phone laughed, but said he'd sort it. I heard nothing until June this year when I noticed that Lowell had logged the £300 debt on my credit record. The following morning I received a letter from Red Collection agency demanding the money or they would take court action. I rang them, explained that I knew they were the same company & again asked for proof of the debt. After trying to get me to pay a settlement figure, she agreed to send me the proof, although it could take up to 3 months. It's now been nearly a year since I originally asked for proof and the 3 month time frame set in June has gone. They obviously can't prove I owe this mysterious debt, yet I have it logged on my credit report. Can they do this? Can I get it removed?
    Thanks in advance for any advice


    You've learned the first golden rule of DCAs - do not speak to them on the phone. Nothing will get resolved that way.

    Deal with DCAs in writing only, and provide no signatures to them - no matter how much they insist they need one.

    What's the debt for, and has there been at any point a full six year period where no payment or written acknowledgement of debt on your part has been made?
  • bevhicks77
    bevhicks77 Posts: 6 Forumite
    edited 27 October 2010 at 7:48PM
    They're saying the debt is from an MBNA card, but I've never had one. I have only ever had a TSB card & an Associates card years & years ago. When I moved house I had a mail redirection & I kept the same phone number so if anyone thought I still owed money, I was easy to find. The fact that I had no phone calls or letters demanding money for over 18 months said to me that I was debt free. I was proud that I had cleared my debts. My credit record should nearly be clear on 5th December, but Lowell/Red seem to have marked it for another 5 1/2 years :( And there has been no record of an MBNA debt on my credit record since I've been checking it. I joined Experian last November when Lowell made the initial demand.
  • Watalie
    Watalie Posts: 535 Forumite
    Your credit record should show the original default date... Lowell/Red whoever can't just make another one up. Double check what they have put on your record. if it's a very old debt, you may find it'll soon be statute barred anyway.

    I've had this recently. With an old Next Directory account & Cabot DCA's. The account only recenly appeared on my Credit Report although the default date was 2005 so it will fall off my report next year anyway... still very annoying!
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    bevhicks77 wrote: »
    They're saying the debt is from an MBNA card, but I've never had one. .

    Is it a card that MBNA have taken over?

    If not then you need to contact the credit reference agency and formally dispute the entry on your credit report, stating that you have never held an account with MBNA.

    It would also be best to write directly to Lowells directly as well stating the same. Adding that by recording false information on your credit report they are in breach of the Data Protection Act and guilty of defamation, and that if they do not remove the entry then you will refer the matter to the Information Commissioner and take action against them.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • Okay - the first thing you need to know is that MBNA has probably sold on a debt to Lowell and your first port of call should be MBNA who will quickly be able to tell you if they have your details on record. The number you need to call is 0800 068 3558. Tell them you are being pursued for a debt in their name and that under OFT guidelines they have an obligation to ensure that they do not ignore the unfair practice of debt collectors acting on their behalf.

    Then, you need to ring consumer direct on 08454 04 05 06 - this is a service operated by the Office of Fair Trading and you should tell them exactly what Lowell Financial has been doing and that you dispute the debt and do not believe it is your debt. Tell them you have asked Lowell to provide proof and they have failed to do so. It is against OFT guidelines for a debt collection agency to pursue thrid parties for payment when they are not liable.

    The OFT may refer your case to trading standards or ask you to write a letter to Lowell. You would be best to go straight to the trading standards department in your area - not the area in which Lowell Financial is based. Your local Trading Standards will ask you for details and will also ask you for a reference number and to sign a form of authorisation, allowing them to speak to Lowell Financial on your behalf. They will ask Lowell Financial to investigate your complaint and respond and whilst it might be easy for Lowell to ignore your requests it is against OFT regulations for them refuse to deal with appointed or authorised third parties.

    What we really need to do here is start channelling these complaints through the OFT, trading standards and the financial institutions who sell on the debt in the first place - only then will companies like Lowell be forced to change the way they operate.

    Don't have anything further to do with Lowell Financial - go through the OFT, trading standards and even consumer programmes like watchdog ([EMAIL="watchdog@bbc.co.uk"]watchdog@bbc.co.uk[/EMAIL].) - who investigated Lowell for unfair practice in 2009. I know it's horrible and scary to receive these letters but the only way to deal with bullies is to stand up to them.

    Hope this helps


    bevhicks77 wrote: »
    Hi guys, I received a letter from Lowell last November stating that I owed £300. I was 100% sure that I didn't owe money to anyone (sold my house to pay my debts off & start afresh 2 years earlier - best move I ever made :)). I asked Lowell for proof that I owed the money. The guy on the phone laughed, but said he'd sort it. I heard nothing until June this year when I noticed that Lowell had logged the £300 debt on my credit record. The following morning I received a letter from Red Collection agency demanding the money or they would take court action. I rang them, explained that I knew they were the same company & again asked for proof of the debt. After trying to get me to pay a settlement figure, she agreed to send me the proof, although it could take up to 3 months. It's now been nearly a year since I originally asked for proof and the 3 month time frame set in June has gone. They obviously can't prove I owe this mysterious debt, yet I have it logged on my credit report. Can they do this? Can I get it removed?
    Thanks in advance for any advice
  • Lowell has seen this thread and asked that we post this:

    Hi bevhicks77

    I have just seen your post about Lowell and am very sorry to learn of the difficulties you have experienced and the confusion surrounding the proof of the debt, which you requested.

    We would like the opportunity to deal with your concerns through our dedicated Complaints Resolution Team. The Complaints Resolution Team is entirely independent to our Collections Department. Our sole aim is to deal with customer's specific concerns.

    We appreciate you may have some reservations about contacting us, but please let me assure you we are here to help.

    To ensure your enquiry reaches one of our trained Complaints Resolution Officers, please use our direct email ComplaintsResolution@LowellGroup.co.uk.

    As soon as we hear from you we will be able to place your account on hold, stopping any collections activity, whilst we deal with your enquiry.

    We hope to be in contact with you soon.
    James

    Lowell Complaints Resolution Team
    Could you do with a Money Makeover?


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  • MSE_Andrea wrote: »
    Lowell has seen this thread and asked that we post this:

    Hi bevhicks77

    I have just seen your post about Lowell and am very sorry to learn of the difficulties you have experienced and the confusion surrounding the proof of the debt, which you requested.

    We would like the opportunity to deal with your concerns through our dedicated Complaints Resolution Team. The Complaints Resolution Team is entirely independent to our Collections Department. Our sole aim is to deal with customer's specific concerns.

    We appreciate you may have some reservations about contacting us, but please let me assure you we are here to help.

    To ensure your enquiry reaches one of our trained Complaints Resolution Officers, please use our direct email [EMAIL="ComplaintsResolution@LowellGroup.co.uk"]ComplaintsResolution@LowellGroup.co.uk[/EMAIL].

    As soon as we hear from you we will be able to place your account on hold, stopping any collections activity, whilst we deal with your enquiry.

    We hope to be in contact with you soon.
    James

    Lowell Complaints Resolution Team

    :rotfl::rotfl::rotfl::rotfl::rotfl:

    I'll be on the phone tomorrow to see if you can walk the walk.....because despite 2 letters and more phone calls than i can remember asking for proof that we are the owners of a defaulted account we have received nothing but pass the buck comments like 'sorry cannot answer that because we have only been given limited information'....limited information okay, but not limited enough to stop you sending totally untrue statements to the credit reference companies....and if some of the staff in your company got off their backsides and did the most basic of checks on the data collected they would probably save a lot of stress and anguish from innocent people who are having their lives ruined by your companies incompetance. :mad::mad::mad:
  • Numpty_Monkey
    Numpty_Monkey Posts: 14,196 Forumite
    10,000 Posts Combo Breaker
    MSE_Andrea wrote: »
    Lowell has seen this thread and asked that we post this:

    Hi bevhicks77

    I have just seen your post about Lowell and am very sorry to learn of the difficulties you have experienced and the confusion surrounding the proof of the debt, which you requested.

    We would like the opportunity to deal with your concerns through our dedicated Complaints Resolution Team. The Complaints Resolution Team is entirely independent to our Collections Department. Our sole aim is to deal with customer's specific concerns.

    We appreciate you may have some reservations about contacting us, but please let me assure you we are here to help.

    To ensure your enquiry reaches one of our trained Complaints Resolution Officers, please use our direct email [EMAIL="ComplaintsResolution@LowellGroup.co.uk"]ComplaintsResolution@LowellGroup.co.uk[/EMAIL].

    As soon as we hear from you we will be able to place your account on hold, stopping any collections activity, whilst we deal with your enquiry.

    We hope to be in contact with you soon.
    James

    Lowell Complaints Resolution Team

    !!!!!!
    Why are MSE letting a set of **** like Lowells have a right of reply???? :mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad:

    MSE Andrea you have dropped a small round hairy one (bollock)
    I hope you passed the correct information onto bevhicks77

    In this situation
    1 - NEVER talk to a DCA on the phone (they are trained bullies)
    2 - Send the National Debtline Prove it letter
    3 - A link to the OFT Debt Guidence
    (with reference to this bit)
    [FONT=Times New Roman, serif]2 UNFAIR BUSINESS PRACTICES[/FONT]
    [FONT=Times New Roman, serif]Deceptive and/or unfair methods[/FONT]
    [FONT=Times New Roman, serif]k. not ceasing collection activity whilst investigating a reasonably queried or[/FONT]
    [FONT=Times New Roman, serif]disputed debt.[/FONT]


    [FONT=Times New Roman, serif]Send all letters recorded delivery and DO NOT sign them
    [/FONT]
    PROUD TO BE DEALING WITH MY DEBT NERD #869
    Numpty,Not sure why but I'm crying :o . Of all the peeps on this board you're the kindest & most supportive of all & I'm :mad: & :( for you all at the same time . Wish I was there to give you a big :grouphug: & emergency hobnobs
    xx
    DFD 5/1/16
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    !!!!!!
    Why are MSE letting a set of **** like Lowells have a right of reply???? :mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad:[FONT=Times New Roman, serif]
    [/FONT]
    Why? Well, I think anyone, just anyone should have the right of reply. Perhaps they might hang themselves.
    bevhicks, do take them up on this and post progress here.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • WRINKLES
    WRINKLES Posts: 817 Forumite
    500 Posts
    Why? Well, I think anyone, just anyone should have the right of reply. Perhaps they might hang themselves.
    bevhicks, do take them up on this and post progress here.
    Well ask them to reply to this , why do they demand people pay debtsthat are statutebarred , and threaten legal action if you do not , ask why they ring people fifteen times a day , why they threaten and bully vulnerable people over the phone , ask why people are on this forum asking for help , letus see ifthey reply to that .
    GRADUATED FIRST CLASS WITH HONORS FROM THE SCHOOL OF HARD KNOCKS RECOMENDED READ IF BY RUDYARD KIPLING
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