Lowell have wrong information

Courtney_m92

Hi I’m looking for any kind of advise on how to deal with my current situation.

About 5 years ago I got a credit card with Aqua that I applied for online after filling in a simple online form. I used it for purchases and kept paying the balance off to boost my credit rating. However, after a year or two I fell into the trap of using it more and more and not paying the full amount off. I kept making more than the minimum payments until I had to go on maternity leave and so contacted aqua multiple times to let them know my circumstances were changing and I would struggle to make the minimum payments however, they refused to speak with me because I couldn’t answer the security question for my date of birth.

After having a baby etc. I then just left it and did not contact them anymore as I didn’t know what else I could do. Fast forward a year and a half later the debt was sold to fredrickson with whom I had contacted to say I would pay the debt and explained the original debtor had a wrong date of birth which they said they would try and resolve but again I didn’t hear anything more from them until they then sold the debt to Lowell.

I have received many letters from Lowell offering more and more discount to pay the debt off but due to other financial problems I decided to ignore the letters as I know when I try and sort payment etc. it will more than likely come to a halt again because of the wrong date of birth. What I want to know is am I still liable to pay this debt if they have the wrong information?

If anyone could help me of what to do next i would really appreciate it.

National_Debtline

Hi Courtney


Welcome to the forum. If the credit card is yours and you agree you used it, then yes you are liable. Although the wrong date of birth has caused you a lot of issues, I think it unlikely it would stand up as a defence if this got as far as court action.


You could try and sit it out until the debt becomes statute barred. That means when they will run out of time to take court action and it will apply if there has been 6 years where no payments have been made towards the debt, you've not acknowledged the debt in writing and no CCJ has been made.


I'm unsure from your post whether when you contacted the various companies about the debt you did it in writing or over the phone. But if it was over the phone that would not have restarted the 6 year period. Of course if you ignore the debt there is the risk of court action before the debt becomes statute barred, so you may prefer to look at your options to deal with it.


Susie
@natdebtline

sourcrates

Courtney_m92 wrote: »

What I want to know is am I still liable to pay this debt if they have the wrong information?

If anyone could help me of what to do next i would really appreciate it.

Hi,

Yes you are 100% liable for the debt.

The wrong DOB is not an issue which removes your liability to pay, you don't need to speak to anyone to confirm your identity, you can simply set up a payment arrangement on Lowell`s website, as long as you agree the debt is yours, then there is no reason not to pay it.

Ignoring Lowell is not a good idea, as they can resort to legal action even on smaller debts, you could write asking for proof of the debt first, make them work for there money.

StokieBecks

Set up an online account with Lowell it's easy and manage the account from there. You don't ever need to speak to anyone

Courtney_m92

Thanks for your reply. I have actually tried to set up a payment with them through there website but again they ask for my date of birth and won’t let me go any further.

Courtney_m92

I'm unsure from your post whether when you contacted the various companies about the debt you did it in writing or over the phone. But if it was over the phone that would not have restarted the 6 year period. Of course if you ignore the debt there is the risk of court action before the debt becomes statute barred, so you may prefer to look at your options to deal with it.

I have tried speaking with some one over the phone and via email

sourcrates

Courtney_m92 wrote: »

Thanks for your reply. I have actually tried to set up a payment with them through there website but again they ask for my date of birth and won’t let me go any further.

Then submit a written complaint, and give them 8 weeks to issue a final response, if your still not happy, escalate your complaint to the FOS.

That’s the way to progress this.