Incorrect Default

[Deleted User]

If the debt isn't in your name then they shouldn't be chasing you at all

BBOA

My point exactly.

JimmyTheWig

BBOA wrote: »

They have written to me confirming they have now bought 3 more debts all pertaining the same address that I am disputing and all about 5 years ago.
...
So I was just wondering if you had any advice as to how I stop these becoming defaults and getting Lowell to back off.

Again, follow Willing2Learn's advice in post #26.
It sounds like either
1. An honest mistake - e.g. someone with similar details to you owes this money and they think it is you.
2. Fraud - e.g. someone applying for credit in your name and not paying it back.
3. Something in your past that you have forgotten.

If you are sure that it isn't 3 then follow the standard appeals procedures and all should be fine.

BBOA

Had a response from one of the newer companies regarding a default, they’ve basically ignored my request for information, told me they are passing it to a debt enforcement agency and advised I should have updated my address... what an earth.

They’ve completely disregarded the contents of my letter proof that I’ve opened the account or anything associating me with the debt. Is it worth replying to them words of to that effect. Thanks Jimmy

Willing2Learn

Hello again

Did you make a written complaint? Advising them that the debt is not yours, that they have failed to provide any evidence of the debt despite you having requested the evidence, and that having the debt marked as defaulted with the CRAs is therefore incorrect...

If you have done this and they have not offered a satisfactory resolution, then it is time to escalate your written complaint to the FOS and ICO...

Have you made your official written complaint yet?

BBOA

Having done some reading I have discovered as Lowell are representing British Gas, it’s a service agreement and as such the don’t have to provide a signed agreement, surely they the need some way of proving its me, I all they have provided so far is a copy of a bill and my final bill. I’ve read that a SAR might help. Any advice would be greatly appreciated. Thanks

PixelPound

BBOA wrote: »

Having done some reading I have discovered as Lowell are representing British Gas, it’s a service agreement and as such the don’t have to provide a signed agreement, surely they the need some way of proving its me, I all they have provided so far is a copy of a bill and my final bill. I’ve read that a SAR might help. Any advice would be greatly appreciated. Thanks

If its a service agreement, then they are correct. You can take a mobile phone contract on the web or over the phone and never need to sign anything, these are service agreements, its not credit so not covered by CCA.
All a SAR will give you is correspondence you've had with Lowell, e.g. transcripts of telephone conversation, letters and the like. It's not a magic solution to get everything. These debt companies buy debts in 1000's and yours will simply be an entry on a ledger. I suppose you could request a SAR from BGas, but not sure what you expect to get from it.

So, did you live at the original address, or have you never lived there?
Did you use British Gas as a supplier at some point when living here?
How did you leave it: where BG still the supplier when you left; had you informed BG you left?

You seem to be focusing on "they have to prove its my debt" to your own level of satisfaction, rather than whether it could be your debt. I also thought they weren't pursuing it?

BBOA

No, I haven’t lived at the address, the debt isn’t in my correct name and I really have no idea as to how they have reached me at current address. No they are not actively chasing, well at least they were not, however now Lowell are asking what my intentions are with regard to the debt.

So for clarity you are saying this as it is a service agreeemt there is not much I can do?

Many thanks for your reply.

BBOA

Any advice on how to dispute as I believe the link earlier in the thread related to a credit agreement as they have told me some of my requests are invalid.