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Lowell yet again!


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Hi - I've read all the posts on Lowell, gr8 advice but not sure how to deal with my case. Have received a few letters from lowells re an old Capital One debt. I actully paid this dept off a couple of years ago to another collection agency so was gob smacked to receive letters demanding payment! I replyed giving date I paid debt and who to. They then asked for proof, unfortunately I shredded all letters re old debt a few months ago thinking I wouldn't need them anymore! how wrong I was! I do have a bank statement showing payment I made to Link Financial to pay off debt. I could send them a copy but feel uncomfortable about them seeing my bank account details - god knows what they could do with them! I've now received a letter saying unless I pay they will send someone to my door etc - I really don't know what my next move should be - they are obviously a bunch of clowns but all the same its frightening that old paidup debts can reappear like this and you again have the heavies on your back. I'd be really grateful for any advice.

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They then asked for proof

They've got this the wrong way round. THEY need to provide the proof that you owe a them any money. YOU have to prove nothing. On no account send them statements. The threat of popping round for tea and cake and a cosy chat is complete bowlarks. 99.9% of the time no one ever turns up, it's just designed to frighten you into phoning them and making a payment.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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I would just send them the following by recorded delivery

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

 

 

(Your Name) Print do not sign

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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This Cap One account that you paid off, were there any charges on the account? If there were you can claim these back.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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I paid it off in November 2005 - many thanks for the example letter, I will send this (postal strike willing) recorded delivery as you suggest and see what happens! Thanks to you all.

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I paid it off in November 2005

Did Cap One apply any charges to the account before you paid it off e.g. late payment fees, overlimit fees? I would be suprised if they didn't. Even though this account is a couple of years old you can still reclaim these charges.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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