debt collectors wanting a cleared debt

sourcrates

Send provit letter and ask for proof, and a full statement of account, you will then find all the answers to your questions.;)

whistle_pop

Thanks, sourcrates. So I sent them the prove it letter and I got a reply only today. They say they've requested the details from the original creditor and that I will receive them as soon as they do. However on the letter they sent it says 'we would advise that with the information we hold we believe that you are in fact our customer and therefore responsible for the outstanding balance'. Which makes me think: if they have this information that they seem to think is irrefutable then why haven't they sent that? I'm sure all will become clear but I sent the proof of debt letter to them 3 weeks ago. Any thoughts?

FireWyrm

whistle_pop wrote: »

Thanks, sourcrates. So I sent them the prove it letter and I got a reply only today. They say they've requested the details from the original creditor and that I will receive them as soon as they do.

Fine. You can ignore them until they PROVE it, with actual evidence.

whistle_pop wrote: »

However on the letter they sent it says 'we would advise that with the information we hold we believe that you are in fact our customer and therefore responsible for the outstanding balance'.

:rotfl:

And you advise that you are not. The onus is on THEM to PROVE it, not for you to defend it. Unless and until they can show you do owe it, ignore and file under B for bin.

whistle_pop wrote: »

Which makes me think: if they have this information that they seem to think is irrefutable then why haven't they sent that? I'm sure all will become clear but I sent the proof of debt letter to them 3 weeks ago. Any thoughts?

They dont have jack $h1t and they are trying to pin a debt on someone with a similar name that lives in the basic area. That's Lowell for you.

They wont keep this up for long. The administration is fast becoming more expensive than the debt even if they could squeeze it out of you and you were the one responsible.

Do not reply. Wait for their 'proof' and come back when you have it if you are unsure what to do.

whistle_pop

Thanks for the reply, FireWyrm I will await their proof if they send it and report back with what it says. The original creditor hasn't contacted me for a very long time. I would've thought that if I was the debtor then they themselves would've been in touch at least once for the outstanding debt before selling it on. But I've had no contact from them for longer than I can remember and I don't even have any correspondence from then as it all must've been thrown away when I paid it off.

FireWyrm

It is either statute barred, or not your debt. Either way, I cant see you having to pay it. Lowell usually hoover up the dregs of the debt collection world after everyone else has had a slice. They specialise in almost SB'd debts or 'gone away' debts where the debtor is hard to identify. They tend to rely on heavy tactics to frighten people into paying, but they are easily fended off if you know even a little bit about your rights.

[Deleted User]

You should keep all correspondence relating to bills or debts for at least 6 years, then you can shred or burn them.

whistle_pop

Right so they've written back with their evidence. They got my signature and they sent me a list of payments in and out, new balance and all that stuff. The thing is it says "statement date" at the top of each segment and they go right up until the month before they bought the debt. I haven't had a statement from capital one for ages let alone the month before!

If it says "statement date" and I haven't actually received a statement what does that mean??

It seems I'd got my balance down to £70.76 but as from 03/01/2010 I was being charged a £5 per month late fee (which wasn't being added onto the balance) and went up each month until it equalled my £70.76 balance on 01/02/2011. After then no more charges were added. It stays like this until 01/08/2014. Thats 3.5 years stood still. i certainly havent had any statements. If I'd had 3.5 years of that it would be paid. Something isn't right. I think I would've had all charges stopped due to financial difficulty but I don't know at what stage.

What's my next options with this?

[Deleted User]

When did you make your last payment?

whistle_pop

According to this last payment was made 14/12/2009.


Agreement was made 03/09/2008

longtermplanner

I would write them a letter with WITHOUT PREJUDICE at the top. Say you don't think the statement they have sent are correct, but you are prepared to offer £30 in full and final settlement of the alledged debt to resolve the matter without further hassle.