Old debt sold to Lowell - Scare tactics??

cllola

Well Lowell are a fun gang aren't they!! I'm having a moment of doubt please help me!! 

Short story, I had an old debt from 2013, has been with IDEM for years, I made a CCA request in March and they wrote back saying they are unable to comply due to the age blah blah blah... 

The debt has since been passed to Lowell who called me today. Asked me to start making payments, the woman was pretty aggressive and said it could go to court if I don't pay. 

I said, I have requested the original CCA and it is not available (she confirmed this is on their system) and that until this was received the debt is unenforceable

She asked if I remember having the debt, I said I'm not sure and until I see a CCA I'm not discussing it further. 
She told me it is still is enforceable and it could go further and promptly hung up. 

Is this scare tactics from them? 
Is she confusing payable with enforceable? TIA

MrsStepford

These companies buy debts because they think they can make a profit. They are happy to be scary if that gets the money. 

I owed my local library £4.50 for late returns. Kent County Council sold that 'debt' to a debt collecting firm in Edinburgh and they pursued me aggressively. I had zero prior warning from the library or council. 

I found it intimidating and that's what they want you to feel. I suggest going to Citizens Advice.

DE_612183

They work on the basis that they "buy" say 100 £50 debts for 10p in the pound - so the 100 £50 (£5K) debts cost them £500.

They only need to get 11 of those 100 people to pay up to make a profit, so they will use whatever tactics they can.

Grumpelstiltskin

Do not speak to them, if they ring again tell them you will only communicate by letter and put the phone down and block the number.

DjangoUnchained

Next time they phone you, tell them to continue this conversation they have to sing one verse of the national anthem. if they refuse tell them you cant continue speaking to them. if by any chance they do it, tell them you are sorry, they've failed their audition and hang up. Alternatively just block their number.

cllola

DjangoUnchained said:

Next time they phone you, tell them to continue this conversation they have to sing one verse of the national anthem. if they refuse tell them you cant continue speaking to them. if by any chance they do it, tell them you are sorry, they've failed their audition and hang up. Alternatively just block their number.

This made me laugh! 

Ordinarily I wouldn't have spoken to them but I wanted them to have an updated address to be able to communicate in writing should they feel the need to waste some paper

Rob5342

They can't take any action without the CCA, so I'd block their number and ignore them completely until they produce it (which they probably won't)

Without a CCA the only weapon they have is scare tactics. It can seem worrying at first but you soon realise they are just desperately trying anything they can. I had a letter from ARC Europe saying I had 14 days to contact them or they would proceed with "further recovery action". That was obviously designed to make me think that there was some sort of legal deadline before they took legal action, but the "further recovery action" was simply another letter offering me a discount. They gave up then and the debt was passed to someone else.

fatbelly

cllola said:

Well Lowell are a fun gang aren't they!! I'm having a moment of doubt please help me!! 

Short story, I had an old debt from 2013, has been with IDEM for years, I made a CCA request in March and they wrote back saying they are unable to comply due to the age blah blah blah... 

The debt has since been passed to Lowell who called me today. Asked me to start making payments, the woman was pretty aggressive and said it could go to court if I don't pay. 

I said, I have requested the original CCA and it is not available (she confirmed this is on their system) and that until this was received the debt is unenforceable

She asked if I remember having the debt, I said I'm not sure and until I see a CCA I'm not discussing it further. 
She told me it is still is enforceable and it could go further and promptly hung up. 

Is this scare tactics from them? 
Is she confusing payable with enforceable? TIA

Fine. If they believe what they are saying (which they don't) let them start a claim and you will defend it.

Ignore everything unless you get a 30-day pre-action letter

DjangoUnchained

these companies are clowns, no one should be scared of them, (personally i dont believe that anyone should ever pay them but i appreciate that occasionally they may legally have to). I love it when they give you 14 or 30 day deadlines to contact them. Ive ignored these for 6 years and nothing s ever happened, bunch of idiots. 

sourcrates

I agree with fatbelly, nothing more to add unless they send you an LBA.

You must keep in mind Lowell want a return on their "investment" so will say anything in order to make that happen.

You will already know this, but its never very productive speaking to them on the phone, you should avoid doing that again, half of what they may say in a phone call, they would never put into writing.

cllola

sourcrates said:

I agree with fatbelly, nothing more to add unless they send you an LBA.

You must keep in mind Lowell want a return on their "investment" so will say anything in order to make that happen.

You will already know this, but its never very productive speaking to them on the phone, you should avoid doing that again, half of what they may say in a phone call, they would never put into writing.

Thank you, I won't be speaking to them again now I know they have the correct address for me to write if needed.