Lowell debt hounds chasing wrong man...

joncarmstrong

Hi,

I started getting letters from Mr. Lowell Solicitors in January this year but the name was wrong and they were marked Private and Confidential so I wrote on them no one of that name at this address and stuck them back in the postbox. Then in May/June I got a couple from a different sender not sure who at the time but as they were in the wrong name and marked private I returned them the same way. After that the Lowell Solicitors ones started again so finally I opened one...

Lowell (bottom feeder) Solicitors has purchased a debt, applied for a CCJ and are now threatening to take my chattels, but not in my name, that appears on every document I possess, in this other one. They claim I obtained credit using this name then defaulted on payments 5 years ago, they are going to send a copy of the original Consumer Credit Agreement when they get it from the original company. SURELY they should have had it in their possession in order to get a CCJ.

Something smells fishy here and it's not the cat's breath.

My question is, if it's in the wrong name, is it a valid agreement..? Signed by me or not, I'm yet to find out. Surely it's the responsibility of the company supplying credit to get the correct details from the credit reference agency they use..?

I know if I get one letter wrong in my name when buying a aeroplane ticket I have to buy another if I want to travel so I know it's important to get the details right.

sourcrates

Hi,

They cant just apply for a CCJ.

Have you received a claim form at all ?

How wrong is the name exactly ?

For example, Jon smith instead of Jonathon Smyth ?

From your post i get the feeling you are aware of this debt, but the name is not yours, is that more or less the case here ?

Or are you saying you know nothing of it ?

joncarmstrong

Hi, OK, here goes..

They have already placed the CCJ in the wrong name against my correctly named credit file.

There must have been claim forms but as they were in the wrong name I just shoved them back in the postbox.

The name is completely wrong because it's not absolutely right. It's Jon on the CCJ and I am Jonathan, so known on my equifax & experian credit file, birth certificate, driving licence, passport, various bank accounts, utility bills, and Tax & NI records.

I DO know about the debt but in my defence I had a disagreement with Littlewoods over the xbox360 I bought going faulty after 8 months. Their response when I asked for a replacement was send it to Microsoft at MY expense, but be warned, if Microsoft decided I was responsible for it's demise e.g. I didn't provide it with adequate airflow, no fixy, no replacy.
I sent it reluctantly, to Holland if I remember correctly, and after 2 months with no replacement I told Littlewoods I wouldn't be making any more payments and they didn't kick off, quite the opposite. That's the last I heard from them.. Little did I know they had a cunning plan... Wait till they forget then sell on the debt..!

I didn't realise Littlewoods had set up the account in the wrong name, why would I..? They were getting paid by DD from my bank account that's entitled Mr Jonathan Armstrong not J Armstrong so there was no reason for confusion.

So 5 years passes with no contact and then I start getting letters in the wrong name, I just though it was some company phishing so I just sent the letters back. I'm not obligated to open letters not addressed to me especially when they're marked Private and Confidential, some even had To be opened by the addressee only as well.

I am not trying to get out of what I owe because I don't believe I owe anything.
I'm just looking for ammunition to throw at these bottom feeding b*****ds. and if the wrong names all I got, that's what I'm going with (if it's adequate).

In their mind they hold all the cards, I'd like to prove them wrong, the right way.
If that's only that their paperwork is wrong, great, you bought a bad debt. Tough.!
If their CCJ is dodgy, great, remove it.

Sorry for the rant. :mad:

MrsTinks

I'll let Sourcrates answer this one I think...

sourcrates

Ok, here goes nothing.

Lowell now have a county court judgement against you, so all bets are off in regard to wrong name, crap goods, or anything of that nature.

It's now up to you how you deal with this, if you want to challenge them on the differences in names, I wish you luck.

However, Lowell may not see things as you do, and could enforce there rights in various ways.

Not much more I can add to be honest.

-taff

Well, you could argue it's in the wrong name, and you say that Littlewoods set up the account in the wrong name. I had a catalogue that was set up in the wrong name on my credit file, the letters that came to the house were my right name, the name on the credit file was wrong. I got the account removed from the credit file by telling them it was the wrong name.
I have zero idea whether that would work in your case or whether they would or could rescind the CCJ, then apply for it again in the right name.
Either way, it's still a debt you owe, disputing the service you received is neither here nor there really, you didn't settle on a resolution, you decided not to pay.

joncarmstrong

Hi taff,

OK, well what do you think about the following excerpt from the letter I got from Lowell Solicitors today..?

We refer to the above matter and to your letter received 9 November 2016.

We note the contents and write to advise you that as Judgement has been entered into against you, our client is under no obligation to provide you with documents relating to your claim, however confirm we have requested a copy agreement and statements from Shop Direct in respect to your former Littlewoods account opened 17 November 2011. Once these documents have been received the same will be forwarded to you.

I surmise they don't have the original credit agreement which is the documentary evidence they surely needed when applying for a CCJ. Now they're going to ask for one from Shop Direct so they can send me a copy, what happened to theirs..? They have refused to send a copy of the court order or tell me which court dealt with it.

Ignore my rant, I just find this situation frustrating.. Just about to buy a house now this five years after the fact, it can't all be in their favor surely...

sourcrates

joncarmstrong wrote: »

taff,

OK, well what do you surmise about the following excerpt from the letter I got from Lowell Solicitors today..?

We refer to the above matter and to your letter received 9 November 2016.

We note the contents and write to advise you that as Judgement has been entered into against you, our client is under no obligation to provide you with documents relating to your claim, however confirm we have requested a copy agreement and statements from Shop Direct in respect to your former Littlewoods account opened 17 November 2011. Once these documents have been received the same will be forwarded to you.

I surmise they don't have the original credit agreement which is the documentary evidence they surely needed when applying for a CCJ. Now they're going to ask for one from Shop Direct so they can send me a copy, what happened to theirs..?

Contrary to popular belief, the creditor, does not need to supply a copy of the credit agreement to the court, only to you, if you request one.

Debts get sold on all the time, they don't normally have time for the niceties of paperwork.

I agree the whole system stinks, but we are stuck with it.

joncarmstrong

So they just have to be good at paperwork saying someone owes them money without any evidence and it's up to the defendant to prove they don't... This can't be right surely. Sorry if I sound thick or am missing some glaringly obvious point.

Glad I have a ten stone mastiff here to greet them.

sourcrates

joncarmstrong wrote: »

So they just have to be good at paperwork saying someone owes them money without any evidence and it's up to the defendant to prove they don't... This can't be right surely. Sorry if I sound thick or am missing some glaringly obvious point.

Glad I have a ten stone mastiff here to greet them.

That's basically it yes, the point you could of challenged them was when the claim forms arrived, once default judgement was obtained, the battle is lost.

joncarmstrong

wow, nice. thanks anyway.