Lowells chasing a debt I'm not sure about

sourcrates

tigerfeet2006 wrote: »

Will do.

I’ve just phoned one of our banks and there is no DDs from August 2012 onwards and the other bank is sending me statements from August 2012 to 2014 as they’ve been archived.

I’ll give Three a ring and ask them to send me a statement as well. Or should I write and ask?

Both to cover all the bases.

OceanSound

sourcrates wrote: »

All Debt collectors have a range of differant computor generated template letters they use to, lets say, initiate contact.

Lowell are just running through their standard range of letters with you thats all, each one increasing the threat level upwards a notch.

They are specifically worded, and contain lots of "this may happen" "that may happen" etc spelling out the potential consquenses of non contact.

As i said, they are computor generated, so will still be sent out to you on a regular basis, despite what you send to them.

They will act on the provit letter, don`t expect it to be anytime soon, although the threat letters give unrealistic time frames for contacting them, providing evidence takes a lot longer, as it has to be obtained from the original creditor.

Re. the proveit letter. The template on the MSE site is slightly different to the one on the National Debtline website. Which template should I use?.

Willing2Learn

Both proveit letters will do the job perfectly...

OceanSound

Willing2Learn wrote: »

Both proveit letters will do the job perfectly...

The MSE one is longer. For example, the Debtline template does not have:

Where a customer disputes a debt and the firm seeking to recover the debt is not the lender or the owner, the firm must:
(1) pass the information provided by the customer to the lender or the owner; or
(2) if the firm has authority from the lender or owner to investigate a dispute, it must notify the lender or owner of the outcome of the investigation." 7.14.6

Willing2Learn

The difference is that the MSE one directly quotes more of the relevant rules and guidance from the FCA handbook, whereas the National Debtline quotes less. But like I said, they both do the job perfectly.


For what it is worth, I normally link to the MSE version when giving advice on these boards...

https://www.handbook.fca.org.uk/handbook/CONC/7/14.html

OceanSound

Willing2Learn wrote: »

The difference is that the MSE one directly quotes more of the relevant rules and guidance from the FCA handbook, whereas the National Debtline quotes less. But like I said, they both do the job perfectly.


For what it is worth, I normally link to the MSE version when giving advice on these boards...

https://www.handbook.fca.org.uk/handbook/CONC/7/14.html

Does the prove it letter need to be signed by me?

I've found that the template on the website moneyadviceonline.co.uk is exactly the same as the MSE template. However, it say's '(Type your name, DO NOT SIGN IT)'

The MSE template does not say either way.

The national debt line website says sign the letter. All a bit confusing.

edit: mystery solved. sending signed letter means the DCA could copy signature and put it on re-created credit agreement.

Willing2Learn

OceanSound wrote: »

...sending signed letter means the DCA could copy signature and put it on re-created credit agreement.

A 'true copy' of an agreement does not require a signature to be valid.

From the FCA handbook CONC 13.1.4:
"The copy of the executed agreement should be a 'true copy' of the original. However, as confirmed in the case of Carey v HSBC Bank plc [2009] EWHC 3417 (QB), in this context the term 'true copy' does not necessarily mean a carbon, photocopy, microfiche copy or other exact copy of the signed agreement. There is no obligation to provide a copy which includes a copy of the signature."

https://www.handbook.fca.org.uk/handbook/CONC/13/1.html?date=2016-03-07

OceanSound

Willing2Learn wrote: »

A 'true copy' of an agreement does not require a signature to be valid.

From the FCA handbook CONC 13.1.4:
"The copy of the executed agreement should be a 'true copy' of the original. However, as confirmed in the case of Carey v HSBC Bank plc [2009] EWHC 3417 (QB), in this context the term 'true copy' does not necessarily mean a carbon, photocopy, microfiche copy or other exact copy of the signed agreement. There is no obligation to provide a copy which includes a copy of the signature."

https://www.handbook.fca.org.uk/handbook/CONC/13/1.html?date=2016-03-07

So, I should sign prove it letter? What happens if I don't?

Willing2Learn

I don't think it makes much difference. Either use your signature or type your name. I have always signed all letters I have sent to my creditors...

OceanSound

Willing2Learn wrote: »

.. I have always signed all letters I have sent to my creditors...

When creditor is the debt collection agency (DCA)?...or even when creditor has passed debt to a DCA?