Help With Lowell Financial

brokenbubble83

Is the following what I should be sending to them?

Dear Sir/Madam


Account No: xxxxxxxxxxxxxx

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that I have no knowledge of any such debt being owed to CREDITOR

I am familiar with the Consumer Credit sourcebook of the Financial Conduct Authority (FCA) which states the following rules.

"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3

"A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1

"Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.3

"Where there is a dispute as to the identity of the borrower or hirer or as to the amount of the debt, it is for the firm (and not the customer) to establish, as the case may be, that the customer is the correct person in relation to the debt or that the amount is the correct amount owed under the agreement." 7.14.4

"A firm must provide a customer with information on the outcome of its investigations into a debt which the customer disputed on valid grounds." 7.14.5

"Where a customer disputes a debt and the firm seeking to recover the debt is not the lender or the owner, the firm must:
(1) pass the information provided by the customer to the lender or the owner; or
(2) if the firm has authority from the lender or owner to investigate a dispute, it must notify the lender or owner of the outcome of the investigation." 7.14.6

In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I would ask that no further contact be made concerning the above accounts unless you can provide evidence as to my liability for the debt in question.

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the FCA of your actions.

I look forward to hearing from you.

Yours faithfully

happy_bunny_2

that looks good.

I would wait and see what comes back, as they may send a statement.

Be wary though, as some DCAs make up payments on SB debts to try and claim they are not. But as you don't think its quite there yet, probably be ok.

Just see what they send back then post back on here.

HB

harveybobbles

Remembering to replace CREDITOR with the actual name of the goon you are sending the letter to.

brokenbubble83

Got a response from Lowell advising that they are requesting statements of account from provident and will cease collection activity in the meantime, what's my next course of action? So I just sit and wait on the statements or send them something else?

fermi

No point biting until your see what they have (or try to make up).

brokenbubble83

Cool, thanks I'll wait and see what they come back with then. They haven't mentioned sending me a copy of an agreement or anything else, just statements, is this normal practice for them?

fermi

They will try to get away with whatever they think will most likely get you to pay, and avoid supplying anything that is difficult or may undermine their case.

For example rather than genuine statement they will often just supply a bare printed list of payments etc that they claim apply to the account. That of course proves absolutely nothing, as anyone can type and print a list of whatever they liked.

That's why you just sit and wait to see what they try to get away with. Let them dig a hole if they are going to.

brokenbubble83

Got another response today from Lowell advising again that they have ordered statements from provident, they say it may take some time for the statements to be returned to them and they're placing the account on hold for now. Hopefully provident will drag their heels a bit with this.

ZoeB23

Just wondering if you had an update on this?

brokenbubble83

No still not had anything through from them yet, not sure wether to take this as a good thing!