Lowell group chasing me for a Shop Direct debt I do not owe

LisaMarieNovember

Hello everyone,

I hope you can help. In the summer of 2011, I received a letter from Lowell group stating I owed money on two catalogues, Choice and Very, which I believed I did not owe. I sent a SAR to both and subsequently, Lowell group decided to close the Very 'debt' as a 'gesture of goodwill', but they did produce a signed credit agreement for the Choice account.

I had told them that yes indeed I had a Choice account, but it was the balance that I wanted to contest.

Suffice to say, I continued to receive all manner of threatening letters and since I now live with my parents, I decided it best to start paying off some of the £597 they said I owed whilst I studied the very crude statement they forwarded from Shop Direct as 'proof' of my 'debt'. I was largely concerned that baliffs could knock at my parents door or that it would eventually become a CCJ.

I do not recall having ever received a default notice from Shop Direct in the first place and cannot see why I had a default placed on my account, rather that being contacted first to pay off the amount, once all the documentation I requested was supplied and if it was shown that infact I did owe an outstanding amount.

I have only paid one installment to Lowell and have since raised a query about the contents of that statement, as I informed them that none of the figures on the statement add up and that I have been charged for items I never even received or ordered! The statement sent is NOT original and just a crude spreadsheet and the last payment and the account to my mind closed over 3 years ago.

One adviser (who didn't seeme to know much about anything) told me that he thought some of the unexplained abbreviations pertaining to items purchased on the sheet may actually be charges, but there is one listed as 'COMM LIBILITY ADJ' as being over £240!!

Lowell have said that they will request statements from Shop Direct AGAIN and that I would need to take it from there.

My question is; what is the legality of a company producing a mock-up statement which is incorrect and demanding money from you, simply because they can produce a signed credit agreement? Surely the fact that I had a credit agreement with Choice is not enough to legally prove any figure this company decides to pluck from the air and harrass me for? Any help would be much appreciated.

Thanks guys

Lisa

happy_bunny_2

If they ever took it to court I suspect that the charges have to be reasonable and you could contest if not. Not my area of expertise.

How old was the account? The CCA may well be too dodgy to get a CCJ and if so you could negotiate a full and final settlement. Or you could try that anyhow.

give_them_FA

Lowells are famed for chasing dodgy and statute barred debts. I wouldn't be paying them a penny, you should have stuck to your guns if you owed them nothing. This account is obviously a total mess, even if it isn't actually a fraud on their part, don't pay and they won't have anything coherent to take anywhere.

It's an indictment of the way DCAs operate that they are able to bully people who owe nothing into paying them.

LisaMarieNovember

Thanks for the replies.

Currently the account it now on hold until Lowell can produce actual statements which show what I allegedly owe. I am guessing that it is charges looking at the crude statement they produced, but until they can confirm this or otherwise, I have refused to pay anything.

The most frustrating thing about this all, is that the default that has been placed on my credit file means I cannot apply for any credit whatsoever it seems. So it leaves me in a position of having to play ball with Lowell to some degree in order to get them to remove the default (which apparently they can, since they purchased the debt).

They have now told me that Shop Direct are refusing to find and send any more dicuments pertaining to my account, so I cannot see how they will be left with any other option but to remove the default and leave me alone!

At this juncture, I am just desperate to rid myself of this default and move on, but sadly, Lowell holds all the cards and I will have to attempt to get them to remove it, which I believe will be exceptionally difficult.

nottoolate

complain to the fos and ico if they wont remove it.

DVardysShadow

LisaMarieNovember wrote: »

Thanks for the replies.

Currently the account it now on hold until Lowell can produce actual statements which show what I allegedly owe. I am guessing that it is charges looking at the crude statement they produced, but until they can confirm this or otherwise, I have refused to pay anything.

The most frustrating thing about this all, is that the default that has been placed on my credit file means I cannot apply for any credit whatsoever it seems. So it leaves me in a position of having to play ball with Lowell to some degree in order to get them to remove the default (which apparently they can, since they purchased the debt).

They have now told me that Shop Direct are refusing to find and send any more dicuments pertaining to my account, so I cannot see how they will be left with any other option but to remove the default and leave me alone!

At this juncture, I am just desperate to rid myself of this default and move on, but sadly, Lowell holds all the cards and I will have to attempt to get them to remove it, which I believe will be exceptionally difficult.

Under no circumstances give in to a debt which you do not believe to be yours. If you pay these leeches, they will see you as a soft touch and won't be above landing other debts on you.

Above all, don't be intimidated by the current damage to your credit rating - use the ICO and fos as nottoolate suggests, rather than let them stuff you with a debt which is not yours.

skyshadow

I would ask for proof of delivery and explanation of what is allegedly delivered to you. I've always asked for something more than a description of their client's business and a total figure.

Even with a credit agreement if there is no proof of delivery or documentation supporting your receipt of any goods then they have nothing to present in any litigation that will substantiate the debt.

happy_bunny_2

As suggested, formal complaint time. 8 weeks of no default removed (state this is required in complaint letter) and you can refer to FOS. also ask for compensation for the grief of not being able to get credit, i think FOS would find this reasonable.