Lowell

[babybear39]

Hi JoeTheMan,

 

If you're disputing the whole debt, send lowell this 'prove it' letter courtesy of CB:

 

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

 

Amend to suit, do not sign, print your name, send recorded and keep a copy with your postal reciept. Add a line about them breaching OFT guidlines and the CPUTR 2008 by contacting a third party

 

Good luck and best wishes from an Aussie/Welsh lady stuck in Wales 'til graduation

[babybear39]

If your FIL or any other member of your family get harassed by lowell, report them to Trading Standards and the OFT fro breaching OFT guidlines and the CPUTR 2008. Your FIL should make a complaint straight away.

 

You don't need to do a CCA request yet. Wait for the reply from the 'prove it' letter I posted above.

[babybear39]

Is there a contact e-mail address on the letter they sent your FIL?

[babybear39]

Try that then marking it for the attention of their complaints department. Also request a copy of their complaints procedure.

[babybear39]

As previously mentioned, I would personally send the 'prove it' letter first. This can be done via e-mail followed by a hard copy in the post. Wait to CCA if they come back with anything substansive.

[babybear39]

It's the statutory fee for a CCA request. But you don't need to worry about that just yet...

[babybear39]

Print off the e-mails as proof and give them a few more days before requesting their complaints procedure.

[babybear39]

Request their complaints procedure so you can get your complaint in ASAP. They have 8 weeks to give a satisfactory reply although I'm not sure if the FOS will deal with it after that as you live in Australia Can't see why not though...

[babybear39]

I really don't know and I'm Aussie/Welsh lol...

 

They may be able to get a CCJ in a UK court then pass it to a debt collection agency in Australia

[babybear39]

Thanks for clarifying that DB, I was unsure...

[babybear39]

Maybe they haven't paid thier internet bill

[babybear39]

If you mean the letter to request a copy of your CCA under the CCA 1974, here's a link. You need letter N:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Amend to suit, head it with I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY YOU CLAIM TO REPRESENT, DO NOT SIGN, print your name, send recorded, use a £1 postal order keeping a note of the serial number the check if they cash it and keep a copy of your letter with your postal receipt.

 

Or there's a newer version by SP:

 

Re: Account no: xxxxxxxx

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). You are also reminded should you fail to comply with my request, the provisions of s.77(4)/78(6) of the CCA 1974 will apply.

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

If you do not understand this letter, you should seek professional advice.

 

Follow the same instructions as for letter 1.

 

If you mean the actual act, here's a link t the OFT's site:

 

The Office of Fair Trading: Consumer Credit Act

[babybear39]

Wait to see what they do next.

 

PO Box in Aus isn't a great idea, they have to have a georaphical location.

[babybear39]

What I meant is they're not likely to deal with the matters via a PO Box, they'll want your proper address.

[babybear39]

It depends if you want to sort the matter out and stop them contacting relitives in th UK.

[babybear39]

Yes