Dealing with Lowell... Help :)

BlueCleaningStuff

Hi,

So I completed my DMP with StepChange in September last year and thought I had managed to clear off all my debts. Big thanks to StepChange either way!

Come Jan this year I have been changed by Lowell for two debts. After challenging them with the prove it letter one of the debts was removed as presumably it had already been repaid before/since being sold on to them. The second debt however may still be outstanding but I would like to dispute it - I have not acknowledged the debt to them or paid anything to them in respect of it yet.

Lowell sent the account statement which included a large number of late payment fees/letter charges added on by the original debtor. I asked Lowell for evidence of these but they have advised they don't have them and I should request them from the original debtor - which personally I don't think I should need to do (in fact the letter advising the debt was sold said not to contact them anymore!).

I have attached my most recent emails to Lowell and the most recent letters they have sent back which might help understand.

I would appreciate any advice of what steps I could take next. I am considering making a formal complaint to Lowell because it appears we have reached the end of discussions but thought I would check with you very helpful people first! :money:

OK so can't post links? How do I add links?
Kind regards,
Blue

National_Debtline

Hi

I’m afraid I can’t see any attached emails or letters for some reason. What type of debt is this for and do you know when you last made a payment or acknowledged the debt in writing?

Lowell will be obliged to provide evidence of a disputed debt if they want to try to collect it.

James
@natdebtline

BlueCleaningStuff

Hi ,
Thank you for the prompt reply.

I can't post links on here yet as I'm a new member

I have never acknowledged the debt, nor made any payment to it.

Kind regards,

Blue

BlueCleaningStuff

Sorry and debt type is store card I think.

Kind regards,
Blue

National_Debtline

I see, I’m not sure how long it takes before you can post links.

Do you know when you were meant to start repayments then? I’m wondering if there has ever been 6 years from when you first missed contractual payments as it might be statute barred.

James
@natdebtline

BlueCleaningStuff

Sorry repayments were meant to start in 2013 so not been 6 years as of yet.

Kind regards,

Blue

BlueCleaningStuff

Link to letters and emails:
postimg. org/image/58r3vc0e1/
postimg. org/image/x6z5hv5db/
Try removing the space

National_Debtline

Looks like our office internet filter is blocking your links but I'm sure someone else will have a look at them for you.

You can still make a complaint if Lowell don’t provide some evidence of your dispute. Before that I think it’s worth requesting a copy of the CCA agreement. If they can’t provide a copy of the agreement with the original terms and conditions the debt is unenforceable. It doesn’t actually have to be the original signed agreement.

There is a factsheet on making the request with a link to a sample letter here:
www.nationaldebtline.org/EW/factsheets/Pages/getting-information/credit-agreement-advice.aspx#quicklink1

James
@natdebtline

BlueCleaningStuff

Hi James,

yes they have provided the original CCA along with statements up until the end of 2014. They haven't provided any other documents with regards to the 'letter fees' etc which consist of half of the value of the claimed debt. They do however show on the monthly statements but there is no evidence of anything having been sent to me or to which address. Am I within my rights to demand this?
Kind regards,

Blue

National_Debtline

If you don’t think you ever received them then yes. The debt collection rules are called the Consumer Credit Sourcebook (CONC) and the relevant section says:

CONC 7.5.3
'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.'

If you were going to take the complaint further you would be escalating it to the Financial Ombudsman Service (FOS). You could call the FOS helpline as see whether they agree with me that evidence of the disputed payments should be provided. You can call them on 0800 023 4567.


James
@natdebtline

sourcrates

Hi,

If your disputing charges that have been added to the account, then Lowell are correct, you need to take that matter up with the original creditor.

Lowell are specialist debt purchasers, they don't, and can't, add interest or charges.
Send a written complaint to the original creditor disputing the charges.

This is how the Financial ombudsman would advise you to deal with it.

Tell Lowell you are disputing the charges and to put the account on hold until it has been resolved.