Received - Solicitor letter for disputed debt

tinyt1977

Hi

Please may I ask if anyone would be able to advise me of my best course of action in relation to below?

In August I received a Notice of Acting letter from a solicitors which asked me to contact them to discuss or pay an outstanding debt to Lowell Portfollio I Ltd. I had never heard of this company so called them to find out that a catalogue company had passed a debt to a collection company, Lowell Protfolio, who had then in turn passed it to the solicitors.

It appeared that in July 2016 someone purchased items on credit from a catalogue company using my name at an old address. I explained that I had no idea about the account and I had never received the items and I was told it would be investigated.

This morning I have received another letter from the solicitor. In summary it says that catalogue company were not aware of any dispute while the account was open, (well of course not since I didn't know about the account) and justifies their continued perusal of the payment as all correspondence had been sent to the address registered on file(an address I had not lived at for 7 years).

I have just got off the phone with the solicitor again and despite explaining once again I do not have an account with Shop Direct they have told me I will need to pay the account or an application will be put to the court for a default against me.

I do not have the money to pay this or a solicitor to fight my corner. All my contact has been verbal so far so I want to write to them to register my dispute formally. I have found a template letter on this forum which I am trying to use but it is focused towards the collection agency and refers to passing the complaint to the FCA. Please may I ask if anyone can tell me if I still have this option or will I have to face the court?

Any advice would be gratefully received at a time which should be a very Merry Christmas
Thank you

Arleen

Since you are a victim of identity theft head to the police and report the crime. Also get in touch with https://www.actionfraud.police.uk/

tinyt1977

Rather foolishly this hadn't even crossed my mind.:o I'm one with it now, thank you for the prompt.

GothicStirling

I'm also in dispute with Lowell at the moment. No need to get a solicitor. I'm sure those better in the know, who are helping me, will be around soon.

Have you asked Lowell to supply you with a copy of the contract and a Statement of Affairs yet?

tinyt1977

Hi GothicStirling

No, spoke to them twice and neither time have they mentioned anything about that. :mad:
I got the impression they just wanted me to pay and go away but why should I for something I have never had.

Arleen

The onus here is that this is ID theft situation, so really speak with police/action fraud and they will guide you from there. It will not be a fast process, but it will get resolved.

tinyt1977

Just googled the statement of affairs and it appears to be something to do with bankruptcy. Would they have sometime like that for me as I have never done anything like that? Sorry, I don't mean to question, just really do not understand the process.

tinyt1977

Thank you Arleen. I'm having trouble completing the form online so will give them a call.

sourcrates

I believe Gothicstirling was referring to a "statement of account" not affairs.

The advice to report this to action fraud is good, stay off the phone to Lowell, and their tame solicitor, as its seldom productive, you deal with a solicitor exactly the same as you do a debt collector, all contact in writing only.

You do not need a solicitor, nor will you have to face a court.

Inform Lowell (in writing) that you are disputing the debt, as you have no knowledge of it, and believe you are a victim of identity theft, also that you have reported it to the police (obtain crime number) and action fraud (obtain reference number) quote both in your letter.

This letter asks the creditor to prove liability for the debt without formally acknowledging it, try combining the above statements with this template to create a hybrid, run it past me first before you send it :

https://forums.moneysavingexpert.com/discussion/2607247

On another tangent, do you have any idea who could be responsible for this ?

tinyt1977

Hi Sourcrate,
Thank you for your help. I have PM'ed you a draft letter and would be very grateful if you can let me know of any suggestions.

Spoken to Dad and the house was sold to an investor who was planning on renting the property out. He hasn't heard from them since the sale but according to friends on the street tenants change frequently

sourcrates

Yes looks good, keep us updated.