Lowell or Red Debt Collection

[Oscar71]

Hi all

 

My first time here and I hoping to get some help.

 

I have had a quick look through the Debt forums but there are so many posts and I'm worried about what to do.

 

I have just received a letter that relates to an old debt (I'm not even convinced it's my liability). It was an old bank account and I am sure this account was in joint names (messy debt ridden relationship, only just becoming aware of the extent of debt now we have split). I tried to sort this with the bank a couple of years ago, but they couldn't even find any record on their system and made it awkward for me to discuss the issue with them due to me not having any info about the account.

 

It did show on one of my old Credit Expert report but it doesn't show currently on my report

 

I have a feeling that this debt should now be statute barred?

 

What is my best course of action? Do I fire off a letter, sit it out or something else?

 

Many thanks in advance

 

Oscar

[daverules]

Too small to read, do the following:

 

Dx100 – Instructions on uploading pdfs

 

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

go to one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

[Oscar71]

Can't seem to upload a larger version of the letter... sorry

[Oscar71]

Hope this has worked

 

See below for image

 

Thanks

Oscar[ATTACH=CONFIG]37901[/ATTACH]

Edited August 28, 2012 by Oscar71
Deleted image with sensitive data

[unclebulgaria67]

Just send the prove it letter and see what they come back with.

 

http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

With Lowell/Red (same people), they appear to just send a screen print of a statment, that is not from the original creditor and does not prove the debt. So you could flesh out the letter, asking for proof of the debt with a statement of account from the original creditor, plus confirmation of the date of the last payment on the account.

[unclebulgaria67]

You need to cover up the barcode on the letter as well, as you can be identified from that if they scanned it.

[cerberusalert]

I've unapproved the attachment as you can be identified through the barcode.

[Oscar71]

I can't believe I missed that bar code thanks cerberusalert

 

Let's try again shall we ...

 

Oscar

lowell or red debt letter2.pdf

[Halibutt]

They clearly state in block capital letters that you are encouraged to phone them and pay by Debit/Credit card - clear breach of guidelines and grounds for complaint to OFT, Trading standards, FoS, etc.

 

Advocating payment by credit card is directly encouraging a debtor to incur further unsecured debt. The OFT file on Lowell must be getting very large now.

[Oscar71]

Interesting, thank you Halibutt

 

Also I wonder what the law says about setting up an "account" without my knowledge or consent?

 

Ok, away on holiday next week, so I'll sleep on it until I get back I think

[gust]

i agree with Halibutt - send "prove it" letter

 

but if you have NOT acknowledged or made payment in the last 6 years you could sent statute barred letter.

[Oscar71]

Hi all

 

I sent a denial letter as suggested just before going on holiday. Red have received said letter.

 

I have been away for a week and I have not received a reply as yet, I doubt I will

 

But now I am getting phone calls on my landline from them 3 messages left whilst I was away - the usual robotic recorded message.

What I am not comfortable with is how they have got my number - ex directory and listed with TPS etc.

 

Any ideas how they have gotten my number - toying with a legal threat for harassment now (is this possible?)

 

Best wishes

 

Oscar

[unclebulgaria67]

Hi all

 

I sent a denial letter as suggested just before going on holiday. Red have received said letter.

 

I have been away for a week and I have not received a reply as yet, I doubt I will

 

But now I am getting phone calls on my landline from them 3 messages left whilst I was away - the usual robotic recorded message.

What I am not comfortable with is how they have got my number - ex directory and listed with TPS etc.

 

Any ideas how they have gotten my number - toying with a legal threat for harassment now (is this possible?)

 

Best wishes

 

Oscar

 

So you never provided the telephone number for any financial arrangement you have ever made ? e.g original creditor for this debt.

 

Plus I think they actually use companies that can supply them with most telephone numbers.

 

They can phone you, but not excessively. If it were several times a day and a inconveniant hours, then yes it could be harassment. I think they can phone say 2/3 times a day and between the hours of 7am to 9pm.

 

You can per OFT guidelines, tell them that you require all communications in writing and ask them to stop phoning. I think there is a letter in the CAG library.

[Oscar71]

unclebulgaria67

 

No the original creditor could not of had this number, I have only had it for 2 years, and they have had no contact with me for almost 7 years.

 

I may of used this number with other companies but that would be confidential between them and me surely? And if they use "companies" to get numbers again surely isn't hat a breach of confidentiality or invasion of privacy?

 

As for them phoning me, I have given them no permission to call me as I have never made an agreement with them so it is as bad as the usual nuisance calls in my eyes... hence me being ex directory and on TPS list.

 

I will send them another letter for the good it will do.

[Bazooka Boo]

Keep a diary of events regarding their calls, tell them you will only communicate in writing, and they are to remove your number from their database.

 

The next call you get after that, lodge a formal complaint with your local Police station against them for the criminal offence of harassment.

 

Lodge a formal complaint to the OFT & TS, & Ofcom.

[Oscar71]

Hi guys

I am trying to deal with Lowell/Red currently. I have posted about this elsewhere already but I need more specific direction.

 

I have sent a "prove it letter" via special delivery, I have proof they received the letter, but it has been ignored. I am getting calls (which I log but ignore), I had a second letter saying they were passing it over the the "special collections team" these muppets have now written to me threatening to send someone round I have no worries about handling this if it happens, but I want them to prove it's my debt.

 

Do I send a CCA request? (Is a bank account that was defaulted in overdraft cover by a CCA?

Do I send a SAR? (not sure I want to do this as an SAR looks like an acceptance of the debt)

Or is there something else?

 

Many thanks

 

Oscar

[renegadeimp]

If they have ignored your request for proof, then the account is now in serious dispute and cannot be enforced. i would make a full complaint to the Pdl so you can get it to the fos, and also copy in the oft.

 

You could request a cca if you want. asking for a sar is not an acknowledgement of the debt. It is simply a legal request foe them to give you all the info they hold on you.

[ims21]

Two threads merged...please just keep to one thread for this issue

[Oscar71]

Thanks ims21 ... wasn't sure if I should of continued on in same thread

[Oscar71]

thanks renegadeimp... one (dumb) question... what or who is Pdl?

[renegadeimp]

I'm sorry, i meant DCA lol. Im advising on another post in the Payday loans forums and got mixed up.

[Oscar71]

lol thats ok I struggle with multi-tasking at times

[Oscar71]

Does anyone have a complaint letter template, I only "complaint" style letter I can find on here is the one about files being closed, not really suitable for my needs.

 

Ta muchly

[unclebulgaria67]

Does anyone have a complaint letter template, I only "complaint" style letter I can find on here is the one about files being closed, not really suitable for my needs.

 

Ta muchly

 

The idea of a complaint letter is that it is individual, so no template.

 

The way I write a complaint letter, is to write down a list of points I want to include. Then write language around the points to make up the letter.

 

Send the letter to Lowells compliance manager.

 

My experience with Lowells, is that they ignore and file the letters away. The only way you will get a response is by writing to their compliance manager or to their complaints resolution team.

[Oscar71]

Ok thanks unclebulgaria... will get typing