Lowells Portfolio and £ mobile

[yorklass2009]

Hello

 

So this alleged debt has been in dispute for over 2 years, been passed from DCA to DCA, another letter arrived from Lowells so I emailed them using the templates from my seperate email account demanding they remove all traces of me and their default from my credit file. They claimed they were waiting to hear from the OC.

 

Two weeks pass, I still do not hear anything so I email again, this time threatening legal action if they do not remove my data.

 

I receive a letter from them saying that an account was open in my name at my current address in 2005. This is a lie as I never lived there in 2005, i only moved in April 2006?

 

They claim that their agent Fredricksons have sent me statement of account in february, again another lie they have not!

 

They claim that this is proof enough and they do not have to provide any more information.

 

They claim as the account has now been passed to them that they have more flexibility in terms of account management.

 

They have asked me to make an offer to settle they account, they cannot suggest an amount apparently but it must be reasonable in terms of the account etc etc.

 

Could anybody please sugggest a format in which to write a letter to them in order to tell them to basically go away. They still haven't provided any proof from the OC as they claim they couldn't find anything. Surely if they buy debts they buy the paperwork that goes along with it?

 

Any help would be gratefully received, thank you

 

L x

[t_k]

Ignore these clowns and report them to the OFT,trading standards if they refuse to stop harassing you.

[DonkeyB]

What actual letters did you send? The ‘prove it’ letters?

 

What is the dispute about?

[yorklass2009]

I've sent prove it letters to all the dcas that send me letters. Using the template from here. Gave up with letters and sent emails to lowells

 

It's a debt for £359 from march 2006 that's isn't mine but still they insist it is and haven't produced any concrete evidence. They can't get anything from 3 mobile either

 

According to my credit file it becomes SB on 25/12/2012

 

Just after so genius advice as to how to proceed if possible

[DonkeyB]

If it’s on your credit file and is not your debt, you need a letter before action, stating you will sue for recording defamatory false data with the CRAs which, despite repeated requests, they have failed to provide any evidence for.

 

Kpohraror -v- Woolwich Building Society 1996 refers.

[42man]

Edit this below to suit and send it recorded delivery,

 

LETTER BEFORE ACTION

 

Dear Sir / Madam.

 

It is with great concern I write with regard to your company's behaviour. Over the last (x) weeks your company written to me with various threats.

 

I can categorically state that I have NEVER used or had any kind of account with (name of phone company), and indeed you stated that I lived at a certain address when actually I didn't. I am now of the opinion that this is now pure harrassment and in direct breach of CPUTR2008, The OFT's Guidance On debt collection, your own associations code of conduct and harrassment laws. I'm sure I have no need to remind you of the recent case of Ferguson vs British Gas.

 

What I require.

 

An apology from the Managing Director of your company in light of the distress, embarrassment and upset this has caused.

 

Your offical complaints procedures

 

Confirmation that you will NOT call me again.

 

Instant removal of any adverse information placed on my credit file - this will be checked within 14 days - If it is not removed, I will commence court proceedings with no further notice.

 

If you do not respond with your official complaints procedure within 7 days, I will have no hesitation in informing Trading Standards, The Financial Ombudsman Service, The Office Of Fair Trading and my MP of your behaviour. And if I have to write to you again I will charge your company £20 taking time out to write again.

 

I trust this makes my position perfectly clear.

[kurvaface]

I would be charging them a fee for each day they mess with your credit file too!

[Halibutt]

Worth noting that if you say you'll charge them, state that it is in relation to "Stress caused" rather than for your time. There's a thread on CAG that mentions this, where a judge said he'd have been sympathetic to someone's claim for charges if it had been for distress/upset rather than time taken to respond to DCA threats. Sorry, I can't find the thread now.

 

The way I worded it to a DCA was:

 

I hereby give you notice that, should you continue to write, erroneously asserting that no payment plan has been agreed, I will have no alternative but to invoice your company for compensation for undue distress caused due to formulating and sending replies to such letters, plus necessary personal expenses incurred.

 

Please accept this letter as full and adequate advance warning of my intended charges.

 

Future invoices to your company (per letter) will be broken down as follows:

 

 

Compensation for distress/time taken to formulate response/compose reply –

per hour (min charge 1 hour):

 

£25.00

 

 

Postage costs per item sent by Royal Mail Recorded Delivery at current rate*:

£01.15

 

 

Printing costs per A4 sheet*:

£00.15

 

 

Photocopying costs per A4 sheet*:

£00.10

 

 

Total minimum charge per response*:

£26.40

 

 

* Subject to rates of inflation at time of response.

 

 

Hope that helps in some way.

 

H. x