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over payment to lowell financial


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I have over paid Lowell financial by approx £50, but i am having trouble getting this back from them. This all started some six months ago when I recieved a letter from them stating that I could clear my debt at a reduced price, I was in a position to take them up on the offer so paid it straight away, but forgot to tell payplan(the company I am using to clear all my debts) so they carried on paying them. I realised early last month(October) that this had been happening so i contacted Lowells and they confirmed that I had over paid them and would be sending a refund. This has not arrived so last friday(2/11/07) I contacted them again and they assured me that they would send a refund straight away, and yes you guessed it this has not arrived, can anyone out there advise me what the next step should be.

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Burf

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Welcome to CAG

Have you contacted them in writing? you need to get them to respond in writing that the debt is paid and that the overpayment will be returned to you. Then if they continue to delay you can start reporting them to the relevant people. REMEMBER ALL CORRESPONDENCE MUST BE IN WRITING AND RECORDED DELIVERY.

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I sent a email to them yesterday asking for a representative to contact me in the next 24 hours otherwise I would be seeking legal advise, (unfortunately I cant afford the legal advise), to which as yet I have had no response. Is it not enough to have this email as proof that i have tried to contact them or is it best to send via recoreded delivery? I did recieve an automated emial from Lowells stating that they had recieved the email.

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Dear Sir Or Madam

 

Re: Formal complaint under the consumer credit act 2006.

 

On XX, we agreed a full and final settlement to all outstanding liabilities in the amount of £xxx.xx which I paid by (METHOD) on XXth. After this date, without my knowledge, my agents payplan continued to pay money to your organisation despite the fact that all liabilities had been cleared by mutual agreement.

 

I have subsequently contacted you by phone, on XXth and XXth, during which conversations you agreed to refund the money.

 

You have still not done so.

 

Please investigate this matter further, and consider that this is a formal complaint raised under your complaints procedure as required by the consumer credit act 2006.

 

i request you acknowledge this complaint, and send me a copy of your complaints procedure.

 

Yours Sincerly,

 

XXX.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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send it special delivery. Retain proof. if they refuse to deal with it, send the complaint to the Financial ombudsman Service. it is free, and it costs the DCA £250 per complaint.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Sorry and who are the relevant people?

Cheers burf

 

If you've had a letter from them, just send it to the name on the letter. otherwise, "To Whom It May Concern" or Customer Services etc.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Hi tom,

 

i thought it was 400 that it cost per complaint to the FOS

 

regards

paul

 

As I understand it, the initial fee is £250 while they are doing informal negotiation, then they whack on an extra £200 if there is a formal arbitration. These figures do seem to vary, depending on who is posting, so I may very well be wrong:)

 

burf - it's free for the consumer;)

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Hi tom,

 

i thought it was 400 that it cost per complaint to the FOS

 

regards

paul

 

Looking at the FOS site http://www.financial-ombudsman.org.uk/publications/technical_notes/QG1.pdf it seems you are mostly right, although the 400 is only charged in 1/6th of cases - presumably, when an arbitration is made.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Hi tom,

 

well the main thing is, the more money it costs these unscrupulous DCAs the better

 

they should be made to pay for their actions IMHO

 

Regards

Paul

 

Heh, it's always nice to get a complaint rolling with the FOS.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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