Did I just fall for a debt collector's scare tactics?!

MrT2018

Hello there!

Yesterday I received quite a serious looking letter from a debt collecting agency called Lowell Portfolio which came with a letter purporting to be from EE (formerly T-Mobile). The letter claimed that I owed EE £100.07 on a phone contract and that the debt had been sold to them. If I didn't respond with intention to pay within 7 days, they were going to take further action etc.

Many, many years ago, I let my older brother/his partner take out a phone contract in my name. I was young so didn't understand the potential implications of this. It was only in my name, I never used my bank details or anything of the sort.

It turns out one of them (they split years ago so I don't know what happened with it) defaulted on a payment.

I called up Lowell and they said they've registered a default on my credit file and that it'll stay there for 6 years regardless of payment. I got the £100.07 from my brothers ex partner because Lowell gave her address and she seemed to accept blame and paid off the debt because I was worried about my credit rating.

I've just checked my credit score with Experian and it's excellent but more interestingly, it's showing all of my accounts and not a single defaulted one. Certainly not one from EE or T-Mobile.

I already think they are dodgy. The letter, signed from EE, has the exact same printer ID as the Lowell letter, even consecutive page numbers. Pretty sure they wrote the letter themselves and passed it off as an official EE letter.

Did Lowell trace my name and current address and lie about registering a default?

Could I have successfully argued that the debt doesn't belong to me or does having it in my name screw me?

sourcrates

Lowell are a big mover and shaker in the debt purchasing sector.


They are as legit as a DCA can be.


Most likely scenario is that the default for this debt was first registered more than 6 years ago, in which case it would of been removed from your file automatically by now, either that or they report to one or both of the remaining CRA`s.


It cannot be defaulted twice.


Check all 3 to be sure.

You should of first responded with a provit letter, they must produce evidence of liability when asked, seems they made an easy £100 quid.

Procrastinater

sourcrates wrote: »

.......You should of first responded with a provit letter, they must produce evidence of liability when asked, seems they made an easy £100 quid.

I had several of these parasites chasing for water bills on a house I had sold long before.



I took the attitude that they were "Flying a kite" and simply ignored the letters, Scary tho' some of them seemed,. Eventually they all gave up and nothing ever hit my credit score.



I would have disputed the debt in Court if they had taken it that way, since the dates they quoted were well after I sold the house. AND were all well over 6 years before. I took the attitude that any contact by me would just encourage them to pursue harder.


However if I had responded sourcrates has given the right advice here. They HAVE to "prove the debt" when challenged and those who "Buy debts" generally only get the right to pursue. NOT the evidence (if any) to back it up. If you have not been pursued for 6 years, the debt becomes unenforceable unless it has been responded to by you. (I believe - Unless it is "Under Seal" when it goes longer, I think 12 years ) I'm not sure about mortgage defaults and tax bills, but a phone contract ? Nah, they made a profit on yours.



I don't know how much "They pay" for a bundle of "Sub-prime" dubious debt like that, perhaps a pound or so ?



Nasty business altogether.



Good to pay valid bills - BAD to chase people and use deviousness like that to take money off people who don't owe it by scaring them.