Advice re a default that wasn't mine, please!

reallifeexperience

Hi MSE members,

I - like many - am having trouble with Lowell and would appreciate some advice.

In mid October I received two similar pairs of letters, each envelope contained a covering letter from Buchanan Clark and Wells stating that "Arvato Financial Solutions trading as Buchanan Clark & Wells sold your Provident Personal Credit Limited account to Lowell Portfolio on 26/06/15". The second letter in each envelope was a letter from Lowell which included a reference number and a demand to pay the outstanding sums. One letter stated "You owe £670.01", the other "You owe £1426.95".

These letters were quite a shock, since (a) I have never previously heard of Provident Personal Credit, (b) I have never been in debt or default, and certainly have no unpaid personal credit liabilities. My assumption was that Lowell was trying it on.

(It is perhaps worth noting that over the last year or so I have received a succession of letters from Lowell addressed to someone with the same surname who has never lived at my address (I have been there 30 years and it was new when I bought it). I know that they were from Lowell since the envelopes and return address were identical to those above as was what could be glimpsed through the window of the envelope. All of these I returned marked "Not known at this address".

Following the advice on this and other forums I wrote to Lowell the standard letter refuting both debts, reminding them of their responsibilities to investigate and provide evidence as required by the FCA's Consumer Credit Sourcebook, and making it clear that the debts were not mine.

Yesterday I received a letter from Lowell (referencing only the lesser alleged debt) stating that they have "investigated the matter" and consider that "there is sufficient evidence to confirm your liability for this debt". They then graciously concede that on this occasion they will take no further action to recover the debt and the account is closed, but state "We are not prepared to remove any default registered with the credit reference agencies in respect of this account as we consider that this data remains correct and accurate". To say that I am outraged would be an understatement!

I have not yet heard anything in respect of the other account, with the larger balance.

I stress again that these are categorically not my debts - either they are complete fabrications or some kind of fraudulent activity (identity theft etc) has taken place. I have never in my life received a default notice. I have never in my life had dealings nor received any correspondence from Provident Personal Credit Limited. I have never taken out a store card or any other form of personal credit which might have been provided by PPC Ltd.

So, I would welcome advice about what to do next. Clearly I don't consider it aceptable that there is a default (probably two, bearing in mind that there were two sets of letters) on my credit rating for debts which either never existed or were not mine.

I have ordered a credit reference statement from Experian to see if indeed there is a default recorded. It is them my intention to write again making the same points about their requirement to disclose the details of their investigation and provide some original evidence if indeed they have any. Is there any better approach?

How is it that a firm which behaves in such an intimidating and underhand manner has been allowed to get away with it for so long?

fermi

As well as what you have just said, you go to the FOS and ICO and start off complaints via them.

http://www.financial-ombudsman.org.uk/consumer/complaints.htm

and

https://ico.org.uk/concerns/handling/y/y/y

Tell Lowells you are doing that. CC to ComplaintsResolution@LowellGroup.co.uk but make sure you send a written notice to them as well.

boo_star

I would wait until you see your file from all three CRAs.

After all, there may be nothing on there.

reallifeexperience

Sound advice, boo_star, and I wasn't going to rush into any headlong reply. I also want to see if Lowell sends me a follow-up letter regarding the larger alleged default - is it the lesser one only they've mentioned so far.

I must say that the whole business sucks! The initial letters were very menacing, reading like final demands and threatening unspecified terrible things if an immediate payment isn't made. I can well imagine that many people are intimidated into paying even when they shouldn't. It is a shocking and despicable way to run a business, and must border on demanding money with menaces.

fermi

Missed that you hadn't checked files just yet. Obviously that is the priority.

Also interesting -> http://news.bbc.co.uk/1/hi/programmes/moneybox/8098674.stm