Lowell/ScotCall old SB'd debts

[robs19]

Hello everyone! I've lurked on here for a while taking in the great advice, but thought i'd get a second opinion on a couple of old debts...

 

Back in my student days I was terrible with money, buried my head in the sand and went off travelling for a few years. I'm back in the UK now and settled, and trying to sort my credit history out.

 

I have 2 old SB debts with Lowell, who keep sending begging letters, one for an old o2 contract (defaulted in 2005) and an Egg CC which dropped off my credit file in May this year. I'm ready to send them SB letters regarding them but my only issue is the last old debt I have, which is also with Lowell.

 

It is for Capital One, having checked my Equifax the dafault date was 2/07/2006, so in a couple of weeks. Reading the advice on here I know a lot of the time the default date can be a few months after the last payment was actually made - so do I send the SB letter to them too??

 

Their most recent correspondance says it is being transferred to Scotcall from 01/07/12. I've never acknowledged any debts or made any payments to Lowell in the past 6 years (mainly due to being away!)

 

Any advice would be greatly appreciated!

[dx100uk]

pers i'd not send anyone anything

 

its for them to prove its no sb'ed

 

not for you to tell them it is!!

 

dx

[robs19]

Hi dx,

 

I know what you mean, it's just the constant letters off them which is a bit frustrating!

 

The Egg debt has been passed along the desks to Hamptons with the threat of a CCJ, which I understand isn't enforceable if it's SB? (correct me if i'm wrong!)

 

I'm pretty sure the Capital One had PPI on there, and maybe the Egg too, so was thinking of doing an SAR to both? Cap One have just accepted me for a new card (trying to re-build the mess of my credit history) so that makes me think 6 years must have passed from my details still being on their systems?

[dx100uk]

good on cap1 correct there !

 

NO enforcement is legal once SB'ed.

 

a VERY good point would be to get your CRA file

 

dx

[robs19]

I've checked all 3 CRA's, the only debt showing is the Cap one with Lowlifes but only on Equifax! Nothing on Noddle or Experian... The egg and o2 debts dropped off a few months ago.

 

They do searches on me every couple of months, but only on experian, not on equifax (the only place the debt is showing!)

[dx100uk]

then IMHO i'd ignore them.

 

dx

[BiGaD09]

I've had this with Lowells trying to claim an SB'd debt.

 

They even went so far as to say a payment had been made the year before so the limitation act didn't apply.

 

When asked to prove this they backed down.

 

It'll probably do the rounds (RED debt collections is one of theirs I think) then drop off.

 

As the previous advice, just ignore them and they'll go away.

 

It would be better if their letters came on toilet paper, at least then they'd be some use!!

[ims21]

It'll probably do the rounds (RED debt collections is one of theirs I think) then drop off.

 

Yep...Lowell, Red, Hamptons....all the same bunch

[robs19]

Oh yes I've had letters from them all, clearly they're getting frustrated they've never heard from me in 6 years!

 

After looking through the letters again, there must have been some PPI or unfair charges on the Egg card, that one seems to have the most begging letters and offers of discount...

 

Are ScotCall part of that same group, or have they given up and sold the cap one on? It's being transferred over on the 1st July, so they've got 11 days until it's SB according to CRA's (but i'm sure it was a lot earlier!)

 

Thanks for all the advice so far, much appreciated!

[dx100uk]

well any that have had discoutnt letters can typically be safely ignored

 

snotscrawl are a company that take on lemon debts

that the OC knows are not collectable/enforceable in court.

 

dx

[robs19]

Just a quick update on this...

 

Fired off the SB letter relating to the Egg account (the oldest one since a payment was made) and

 

Lowell have kindly replied to say that it is not SB, and a payment was made in 2007.

 

I know I was working abroad at that time, so haven't made any payment!

 

I've checked my bank statements and the payment is not on there... mainly because it hasn't been made.

 

Any ideas what I can send off to them now?

[dx100uk]

usual blurb from DCA about a 'phantom'payment in 2007

 

write basck and demand they provide:

 

who made by

from what account number

 

time and date

 

dx

[robs19]

Hey dx,

 

Thanks for getting back so quick... I'm intrigued to see what they come up with, no payments have ever been made to them ever, let alone round that date, since I wasn't in the country! I was half expecting the reply off them, luckily i've got proof of where I was and bank statements

[Old Cogger]

Dickheads they are , others try that one it would seem as well, nit much brain these numpkins.

[cerberusalert]

It's about time these DCAs got Ghostbusters in the amount of Phantoms making payments into people's a/cs.

[BRIGADIER2JCS]

I think you need to check your credit reference files then

write to the Compliance Manager at Lowell use the following.

 

Ref.xxxxxxxxxxxxxxx

 

Notice of Dispute.

 

Dear Sir or Madam

 

I refer to your letter regarding the status of the debt for xxxxxxx which

you allege is owed by me, you now claim a payment eas made by me on xx xxx xxxx

I dispute that statement and now require you to provide the following information:-

 

1.If the allged payment was made by

(a) A cheque the name of the drawer, the name and sort code of the bank, the accoun number on the cheque.

(b) A debit/credit card payment the name on the card, the 16 digit card number, the 3 digit security pane number,

the expiry and start dates on the card, the name of the card issuer

©If a Bank Transfer was made, the account number of the paying bank and the name and sort code of the bank.

(d) If a postal order was used the name of the issuing PO, the number of the Postal order.

 

I do not acknowledge any debt to Lowell and will not respond further until you provide the information required

and as stated previously this alleged debt is statute barred.

[Old Cogger]

Super complaint to the Tax Man regarding all these Phanton payments not declared on accountancy forms maybe????

[JuryMan77]

surely claiming a payment was made when it was't is actually against the law in some way as it's effectively trying to bully you into paying a debt you no longer owe, by lying to you barefaced.

 

Do they suffer no comeback for these types of actions? It's pretty disgraceful really. Any other line of business performing similar tactics would be brought before a court.

[Old Cogger]

Google SRA Guidelines = Good Reading gives you an insight to the rules that are/maybe broken.

[BRIGADIER2JCS]

surely claiming a payment was made when it was't is actually against the law in some way as it's effectively trying to bully you into paying a debt you no longer owe, by lying to you barefaced.

 

Do they suffer no comeback for these types of actions? It's pretty disgraceful really. Any other line of business performing similar tactics would be brought before a court.

 

None of the above has been proved as yet!!!

[BRIGADIER2JCS]

Google SRA Guidelines = Good Reading gives you an insight to the rules that are/maybe broken.

Can' see what the Solicitors Regulators have to do with this the CSA have guidlines on this kind of tactic.

[JuryMan77]

None of the above has been proved as yet!!!

 

I meant in general (not specifically this case). I read a lot on here about ghost payments and would love to know what happens when it turns out they lied...

[Old Cogger]

OOOppsss OFT Guidelines - on Debt Collection July2003 (updated October 2011) under OFT664Re the above post should of read:-

 

one area:- Communication = 3.3 (d) for starters? page 12.

[cerberusalert]

Some of these 'phantom' payments can come about because when people send CCA or SAR requests the payments are sometimes credited to the a/c. The reason they credit the a/c can be open to debate.

[BRIGADIER2JCS]

Some of these 'phantom' payments can come about because when people send CCA or SAR requests the payments are sometimes credited to the a/c. The reason they credit the a/c is open to debate.

 

I made a SAR request on behalf of a third party, the fee was credited to

the account and a full SAR was provided, I queried this and was told the

''company'' did not accept the satutory fee was necessary and it was credited

as a gesture of ''good will''