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DCA's and overdrafts


Bazza66
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Hi All,

 

Great forum - has helped me massively with CCA requests.

 

But I have a problem with Lowell and an old overdraft.

 

Last Aug Lowell-life started the "lets keep our postman busy" campaign with letter after letter requesting payment. I CCA'ed them and they replied with its a bank overdraft so not CCA applicable (fair enough).

 

Now not wanting to shell out any money to anyone who asks for it I wrote to them with the "Prove it" letter.

 

A month passes and they come back with 16 pages of internet page printouts of my last few statements. The statements only bear my name and no other means of identification that they are mine. They state that the final entry on the last statement of "Account Adjustment" was to prepare the account for them - that was dated 2003!!!

 

I wrote back basically saying this is now a formal complaint because they have failed to prove they own the debt. They sent me some "fob off" letter which really told me nothing or proved any debt and if I was unhappy I could take it up with the FOS. I have not but I do have 6 months after initial complaint to do that which is still in the timescale. But I doubt the FOS would do anything from what I hear.

 

All quiet until the start of this year and the letters have started again (both from Lowell and Hamptons - same company I know).

 

I have an outstanding bank charges on the account with HSBC (which would nearly wipe the whole amount off) so the account is in default at present I am lead to believe. I have not told Lowell this since they have not proved anything to me and I dont want to give them any more information.

 

The letters (standard ones) threating to look at my credit file and see if I own a house and will do this and that. Same old letters and they still come.

 

The whole thing is really getting on my nerves - if they can prove they have been assigned the debt (I have had no correspondence to that affect) then I will let them know the balance is disputed and they cant do anything until that is statisfied. But they are failing to prove anything.

 

What can I do? Any help would be greatly received!!!

 

PS If I had hair I would be tearing it out! laugh.gif

 

PPS Just looked at my credit file and Equifax says the account has been closed with a balance of £731 (Lowell-life sent me a statements which showed the final adjustment of £834 which the claim was to prepare the account for them).

 

The figures dont balance.

 

Also the credit file says this entry is by a Debt Collection agency and was put on July 08!

 

Ummm....

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You mention 2003 in your post, was that the last time you made payment or acknowledged the debt? If so I would try and tie them up in knots by asking them to prove debt beyond 'your' doubt, drag it out as long as possible and them hit them with the statute barred letter (once the 6 years are up). :D

 

Write back and say that the evidence they have provided proves nothing, suggest they go back to their archives and find something else. They will probably counter with it does prove it, reply by saying as its your word against mine why don't we let a judge decide. All DCA's have a pathological fear of stepping into a court room as they lose control of the situation but by harassing you personally you may just give in to their demands, much simpler and cost effective for them. Don't let them get to you these people can be beaten.

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You mention 2003 in your post, was that the last time you made payment or acknowledged the debt? If so I would try and tie them up in knots by asking them to prove debt beyond 'your' doubt, drag it out as long as possible and them hit them with the statute barred letter (once the 6 years are up). :D

 

Write back and say that the evidence they have provided proves nothing, suggest they go back to their archives and find something else. They will probably counter with it does prove it, reply by saying as its your word against mine why don't we let a judge decide. All DCA's have a pathological fear of stepping into a court room as they lose control of the situation but by harassing you personally you may just give in to their demands, much simpler and cost effective for them. Don't let them get to you these people can be beaten.

 

Many thanks for that! I will also try and drag it out as long as poss but I am not sure whether a payment has been sent to them or not in last 6 years (I was on a DMP about 4 years ago). Maybe I should SAR them which would tell me if any payments made.

 

At the end of the day I had the overdraft - I was led to believe that HSBC had written it off... until Lowell-life started writing - if I still do owe the money then I wil gladly pay it BUT only to the people who actually own the debt. Anyway if the bank charges reclaim goes through then it would only amount to about 50 quid at the end anyway.

 

Is it worth telling Lowell at this stage a reclaim is in process - they cannot do anything while the account is in dispute.

 

Thanks again anyway.

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Yeah an SAR would reveal if there have been any payments made, at least you would know when the 6 years were up that way.

 

It would also be definitely worth telling Lowell that you have a pending reclaim of bank charges and, therefore, the account is in dispute. They should at that point cease all collection activity until such time the bank charges issue has been finalised.

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