Lowell/Red after the wrong person

[thedebtisnotmine]

Hello forum, I’ve just joined.

Lowell/Red are chasing me for a debt that is not mine.

They have bought a debt from Capital One for a credit card that defaulted 4 or 5 years ago and sent me a letter asking for payment. I rang them to say I had no knowledge of the debt, and they asked me if I had ever lived at [First line of address X]. I said no, I have lived at my current address for over ten years, and the conversation ended about then.

I googled [First line of address X] and it turns out that there is only one road of that name in the UK. So I did a people search at 192.com using [First line of address X] and my name, and got an entry out showing that someone with my name did live at [address X] some time ago.

The conclusion is that Lowell have done a faulty trace and think the person who lived at [address X] is me.

I have sent them 2 letters so far that state I have no connection with the debt, I have never lived at [address X], and I was living at my current address at the time that the person that was living at [address X] defaulted on the card.

However, there is a complication. Around the same time as the credit card in dispute defaulted, I did have a different credit card with Capital One of my own. This card was opened by me at my current address and closed by me several years later. This means that there will be a valid (i.e. signed by me) credit agreement with Capital One in existence. My worry is they will have requested a CCA from Capital One and will have got hold of my real CCA for my card, and not the one that was signed by the person at [address X] and will try to use this as proof that I owe the money.

I have a copy of my credit report that obviously has no record of the card in question. It does show my own Capital One credit card with all zeros showing good payment history for the lifetime of the card and a settled balance of zero when I closed the card.

It would appear that their case against me is entirely dependant on their faulty trace. I can prove that I have never lived at [address X] and as mentioned my credit report is clean and shows no record of the card in dispute.

Despite having given them my address history and denying any connection with the debt, I have just received a letter from Red giving me 7 days to pay before “we will have to look at other ways to recover the debt possibly by commencing legal action against you which may entail a petition for your bankruptcy being sent to Court”

I am worried because they have ignored the fact that I have never lived at [address X] and continue to pursue me, so they must think they have a case against me. How can they? After reading other posts, I would have delayed things by asking for the CCA, but as I’ve said above, this might work against me if things have got muddled up.

I would appreciate advice on what to do next. If they take me to court, I have nothing to take there apart from my credit report and proof that I have lived at my current address for a long time! What else will I need? Will they even tell me they have gone to court? Is it likely that they will take it that far even though they must know they have the wrong person?

[poochball]

Hi,

Wow, I can see the confusion with this one.

Do you have any of your old council tax bills knocking about? Drivers License, Utility Bills etc. Say for example around the time this Credit Card account was opened. That could be one way of showing where you were living at the time.

If it did go to Court, I would take any documentation you may have showing your address details at the time of the Credit Card being taken out. Also if you still have it, correspondance regarding your old Capital One Card.

I would also possibly contact Capital One to explain what has happened, perhaps they could shed some light on the situation. It must be very stressful but don't worry.

Thanks

[Trojan1401]

Very similar thread earlier.

http://www.consumeractiongroup.co.uk...ts-not-me.html

[NailPost]

The debt collector must be able to prove that they have found the right person. It is not your responsibility to do that.

I would write a letter to these scumbags statin gthat unless they clear evidence that the person they are chasing is you then they are to desist from contacting you.

If they are so certain they have found the right person invite them to take legal action against you. They would have to provide real proof then to a judge and you will have an opportunity to have your say before an impartial person.

Make it clear to them that any attempt by them to blacken your name via credit reference agencies will result in a complaint being made to the Information Commissioner and a claim made against them or damages for defamation.

Insist on a response and if none is forthcoming remind them, especially if you receive more demands for money in the meantime.

You could copy Crap1 into the loop. They may not have sold the debt and as a result are liable for the actions of their collectors. They also have deeper pockets than the collectors in the event of a court action.

Remember to send any letters by recorded delivery or these scumbags will deny ever receiving them.

[thedebtisnotmine]

Thanks for the replies. Another letter will go off tomorrow recorded delivery, basically saying what I've said before - debt is not mine, don't acknowledge it, I won't be paying you any money, request they look at the trace again and I've added some of the other suggested comments.

As far as Capital One go, I've been sending them copies of the letters that I've sent to Lowell. They basically said sorry but nothing to do with them since they sold the debt.

I really can't see how Lowell can make the connection between the debtor and me - the 2002 electoral list at 192.com even has separate entries for me at my address and the debtor and all of his family at [address X]. I've got loads of paperwork including council tax etc going back over the last 10 years as proof that I've been living where I say.

Just have to wait and see if they want to push it further.