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Lowell - chasing debts that I don’t recognise

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  • ManyWays
    ManyWays Posts: 1,442 Forumite
    1,000 Posts Fifth Anniversary Name Dropper
    What sort of debts were these and what information have you asked for? 
  • ManyWays said:
    What sort of debts were these and what information have you asked for? 
    They look to be 2 credit cards. I have no knowledge of them so have asked them to prove that I owe them.
  • ManyWays
    ManyWays Posts: 1,442 Forumite
    1,000 Posts Fifth Anniversary Name Dropper
    Ossyref said:
    They look to be 2 credit cards. I have no knowledge of them so have asked them to prove that I owe them.
    In that case you could ask for the Consumer Credit Act agreements for the debts - if they cannot be produced then the debts are unenforceable in court. 
    Take this template letter and amend the first sentence to say that you have no knowledge of these alleged debts https://nationaldebtline.org/get-information/sample-letters/information-about-your-agreement-under-consumer-credit-act/
  • So I sent the second letter and now Lowell have now come back and said 

    Good afternoon,

     

    Thank you for your recent letter.

     

    As the owner of your accounts, we have a right to contact you regarding these accounts. You can respond to this email directly. Alternatively, if you would prefer us to correspond by post, please advise of this in your correspondence.

     


    Due to the age of the accounts and the retention period for keeping documents, documentation is no longer available. 

     

    This should have previously been requested from Hoist for account xxxxx xx.

     

    We can see that Hoist has previously answered your queries in regards to your request for documentation for account xxxxx xx and we have no obligation to provide this again.

     

    In our email of 12/08/2024 we provided the details we hold for these accounts. If you have any specific queries and concerns, please provide us with the full details and we will be happy to assist you further.

     

    We have put your accounts on hold for 30 days to allow time for you to get back to us. If we don’t hear from you in that time, contact will resume.

     Do I just complain to the financial ombudsman now?

  • ManyWays
    ManyWays Posts: 1,442 Forumite
    1,000 Posts Fifth Anniversary Name Dropper
    We can see that Hoist has previously answered your queries in regards to your request for documentation for account xxxxx xx and we have no obligation to provide this again.

    Did you correspond with Hoist about these debts, if you did what did Hoist say? If you did not, reply to Lowell saying this and asking them to produce any evidence of correspondence between you and Hoist because you deny it happened.

  • ManyWays said:
    We can see that Hoist has previously answered your queries in regards to your request for documentation for account xxxxx xx and we have no obligation to provide this again.

    Did you correspond with Hoist about these debts, if you did what did Hoist say? If you did not, reply to Lowell saying this and asking them to produce any evidence of correspondence between you and Hoist because you deny it happened.

    Thanks. I have no recollection of ever contacting hoist about these debts
  • sourcrates
    sourcrates Posts: 31,732 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Ossyref said:
    ManyWays said:
    We can see that Hoist has previously answered your queries in regards to your request for documentation for account xxxxx xx and we have no obligation to provide this again.

    Did you correspond with Hoist about these debts, if you did what did Hoist say? If you did not, reply to Lowell saying this and asking them to produce any evidence of correspondence between you and Hoist because you deny it happened.

    Thanks. I have no recollection of ever contacting hoist about these debts
    Then respond to Lowell telling them that, they do tend to conjure up ambiguous scenarios to introduce that element of doubt to the proceedings in an attempt to throw you off guard.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Ossyref
    Ossyref Posts: 9 Forumite
    First Anniversary First Post
    Just an update - i carried on asking Lowell to prove the debt which they couldn’t and followed up with FOS regarding them being the debt buyer not collector.

    Got an update today from FOS and “ Lowell have made an offer to close both of your accounts to proactively resolve this complaint.”

    So no more issues hopefully.

    Thanks for everybody’s help on this.

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