please help me! going out of my mind!

a7x4369

Been away for two weeks and still had nothing back from them..good sign or not??

Once_Bitten_3

whatever you do, DO NOT CONTACT Lowell. Go to your nearest CAB and they will sort it out free. Have experience of Lowell, and once you contact them they hassle you more. Keep all letters, emails from Lowell and your creditors and take them with you to the CAB. Hope this helps

a7x4369

i have received a reply from them and they have not answered anything i asked them what step can i take now if they cannot provide the original contract?

do they have to provide the original contract? they said they will forward me the statements but is that real proof?

im still very stuck in all this i was starting to feel abit better about it but now i just feel like its getting worse and now i will just get hounded by them more and more

a7x4369

i have received a letter from lowell today in the post with them saying they dont have to prove anything or send me evidence that the debt is mine because it is a mobile phone contract it is not a contract but a service agreement and therefore they dont have to show me anything because 'i' agreed to the agreement by putting the sim in the phone! of which i did not as this has nothing to do with me!!

Heffi1

If a debt collector wants you to pay for a debt, then the onus is on them to prove the debt is yours, it is not up to you to prove you don't owe it.

FireWyrm

Yes they do have to prove it.

You can write to the credit reference agency telling them that this is a suspected case of fraud/mistaken identity and you dispute entirely the defaults.

Next, write back to moron DCA telling them that they DO have to prove it and unless they do, you cannot be held liable...it is a breach of the OFT guidlines. Point out that a copy of that letter has also been dispatched to the OFT who will no doubt be most interested in their illegal behaviour.

RAS

a7x4369 wrote: »

i have received a letter from lowell today in the post with them saying they dont have to prove anything or send me evidence that the debt is mine because it is a mobile phone contract it is not a contract but a service agreement and therefore they dont have to show me anything because 'i' agreed to the agreement by putting the sim in the phone! of which i did not as this has nothing to do with me!!

They are getting confused.

The fact that it is a phone contracts means that they do not have to provide copy of a Consumer Credit Agreement.

You did not ask them for a CCA.

They do have to prove that you owe the money. No court in the land expects you to pay for something which you do not owe.

a7x4369

RAS wrote: »

They are getting confused.

The fact that it is a phone contracts means that they do not have to provide copy of a Consumer Credit Agreement.

You did not ask them for a CCA.

They do have to prove that you owe the money. No court in the land expects you to pay for something which you do not owe.

what should they provide me with to make it proof? if its nothing to do with me and i have never signed anything do they have any proof? im sorry if i sound dumb but i really have no clue with anything like this

a7x4369

really need help please guys!

FireWyrm

They must be able to prove (at the least) a statement of account naming you at your address showing what payments were made and what is therefore outstanding which makes the debt.

You cannot be held liable for a debt which is not in your name, not at your address or which you do not recognise.

You are going to have to do some leg work yourself here. You need to write to them telling them that this debt is not recognised, that you have no idea what they are talking about and if they cannot produce suitable evidence that you are the person they should be pursuing, you will report them to the OFT. Until then, you have no intention of doing anything they demand, you will not engage with them on the telephone and all further correspondance on this subject will be in writing.

it's that simple.