Lowell Portfolio 1 - Dollar Financial Debt

[psyduck]

Hello all,

 

I've had to start a new thread about this one as my last post was so long ago.

 

I had a few debts that we successfully swatted away but unfortunately lowells decided to eventually track me down at my new address

and have had the cheek to send me a letter!

 

This one should be quite straightforward though and something we can have fun with

 

SOME BACKGROUND

 

I joined up here in July 2011 with some debts being chased that were Statute Barred,

one of which is the debt I am referring to here of approx £500 to a company called Dollar Financial (TheMoneyShop).

 

At the time I had recieved letters from both Lowell and Red (I believe their "debt collection" arm)

relating to this and another debt, and Lowell MADE UP a payment that I had apparently made them which would have meant the debt wasn't stat barred.

 

I challenged them, and never heard back.

 

Unfortunately they have now decided to follow up with me at my new address about the Dollar Financial debt, and have sent me this nonsense in the last few days:

 

***************************************

 

Date: 27 November 2012

 

To Psyduck

 

Lowell Reference Number: XX

Original company name: Dollar Financial

Original Account Number: XX

You owe: £XxX.XX

 

Dear Mr Psyduck

 

We're contacting you about your Dollar Financial account which was opened on the XX/April/2007.

Dollar Financial have sold the account to us as there is an outstanding balance whcih they have been unable to recover.

This may be because Dollar Financial did not have your up to date address details and therefore you were not in a position to discuss this with them.

 

We have used the services of a Credit Reference Agency and they have provided your address to us.

Therefore we would like to discuss with you a repayment solution to repay the outstanding balance on this account,

and to confirm the information we hold is correct and up to date.

 

If you have any queries or questions you would like us to answer regarding this account please call us straight away on 0844 844 4716

where one of our account managers will be more than happy to help you.

 

If you do not have any queries or questions, and if you do not contact us to discuss repayment within 14 days from the date of this letter,

we will pass this account to our debt collection department who will take the relevant steps to recover the debt.

 

To make payment in full, or to set up a monthly repayment plan, please call us on 0844 844 4716 or visit our website where you can make a repayment.

 

Our web site address is www.lowell.co.uk.

Once you are making repayments towards this account, or if you repay the balance in full,

we will update the Credit Reference Agencies on a monthly basis so that other potential creditors can see you are repaying this debt which could help you obtain credit in the future and improve your credit score.

 

Yours sincerely

 

Andrew Bartle

Chief Operations Officer

 

***************************************

 

Problem is that I have signed up for utilities in the last few months so they could have found me from that. The debt will be stat barred in April next year and it's also important to note that I have not received ANY communication from them, at either address, about this debt since June 2011.

 

Previous correspondance can be found in my previous threads.

 

Advice on how best to proceed please?

 

Thanks

psyduck

[BRIGADIER2JCS]

HI. when was the last payment made on this debt?

Please give us as much detail as you can it''ll take too long to look at the previuos post.

[Conniff]

We have used the services of a Credit Reference Agency and they have provided your address to us.

 

I would now be writing, by recorded delivery, asking which CRA they used, (you are entitled to this info).

 

I would then be writing to that CRA asking who gave them permission to pass your details to anyone. The loan may have contained a clause saying you agree to your details being passed to a third party, but you can bet it does not agree to a third party passing it on ad infinitum.

Edited December 5, 2012 by Conniff

[BRIGADIER2JCS]

They will have made a tracing search when they aquired the account, using the clause in the original ts and cs allowing them to use the CRAs.

[psyduck]

HI. when was the last payment made on this debt?

Please give us as much detail as you can it''ll take too long to look at the previuos post.

 

I got hold of TMS some time ago and I can't quite remember. wasn't too long after the agreement was signed, i will phone them and check this tomorrow though.

 

reading through the old thread (which i was very grateful you contributed to), DX's quote last time out regarding the debt was "Dollar Finance has a discount letter from red [they offered up to 70% off], ignore it. it's either unenforceable or all charges. personally all your debts just look to be on a mass phishing trip"

[BRIGADIER2JCS]

dx usually right when he says that!!!!

OK I'LL look out for the info.

[psyduck]

They will have made a tracing search when they aquired the account, using the clause in the original ts and cs allowing them to use the CRAs.

 

They acquired the account over 2 years ago though, is this a regular thing??

[psyduck]

dx usually right when he says that!!!!

OK I'LL look out for the info.

 

you were very helpful as well though brig, the original thread is here. http://www.consumeractiongroup.co.uk/forum/showthread.php?312605-Buchanan-Clark-amp-Wells-Red-Debt-Collection-Lowell-Portfolio-1/page5

 

I figure I may just wait out these 14 days and see what they come out with then. I'm just more worried now because I am now living with my partner and didn't want her involved in all of this.

 

I find it unbelievable that despite proving they were lying b******s who made up payments to claim another debt wasn't SB'd, they still think they will get my money!

[BRIGADIER2JCS]

YES especially when SB is apprroaching.

[BRIGADIER2JCS]

I'LL have a read.

[psyduck]

YES especially when SB is apprroaching.

 

they must be getting worried

 

is there anything they can do to conclusively conclude that it is me at this address who owes them the money?

[BRIGADIER2JCS]

Guess work only:!:

[psyduck]

Guess work only:!:

 

Probably best to ignore them and see what they do next then.

 

In the meantime I'll call TMS tomorrow and find out when the last payment was on the account so we have a definite SB date.

[dx100uk]

DON'T tell them why you need the info

 

and don't answer any other questions

 

if they get funny

 

just say your accountant has requested the info.

 

dx

[psyduck]

morning all

 

somewhat predictably phoned to speak to TMS and spoke to an idiot

 

apparently she couldn't tell me anything about the account because there was no trace of me on the system. apparently they keep account details for 5 years and then they are deleted?

 

I then rang back and spoke to someone who wasnt an idiot who found my account and said the last action on it was that a cheque was banked in early may 2007. he wasnt sure if this constituted a payment though, and said there wasnt much else on there to help him. i did use them for cheque cashing so does that count as a payment?

[BRIGADIER2JCS]

Would not cheque cashing be entirely seperate to a loan account.?

[dx100uk]

yes that will

 

so about may 2007 sb..

 

i'd guess there must be heeps of charges

 

which is the discount

 

i'd ignore for now

 

it was a PDL anyhow

 

dx

[dx100uk]

Would not cheque cashing be entirely seperate to a loan account.?

 

thats a point

 

the money shop casn cheques yes

now they say they have no info on the loan

 

so destroted after 6yrs

 

so loan must be sb'ed then!!

 

dx

[psyduck]

Guys

 

I feel there's something I need to say here as it's not quite clear. At no stage have I ever had a loan off these idiots. I was in credit trouble before and never took a personal loan from them as I thought it would get declined. Cheque cashing was the only thing I ever did there, where you give them a cheque for X amount of quid, they hold the cheque and give you cash minus their fee, then bank it later. I've never had a loan from them.

 

Does this change anything?

[BRIGADIER2JCS]

Changes the whole approach.!!!

 

Send the following letter to

The Director of Compliance

Lowell

 

Ref: as on their letter:

 

FORMAL COMPLAINT COPIES TO OFT & FOS.

 

Sir,

 

I refer to the debt for £xxxx.xx - Dollar Financial, please not I do not acknowledge any debt to Lowell or any company you may claim to represent.

 

As you should be aware this allged debt has been passed around the depths of the ''debt collection industry'' for some considerable time and at no time has any company provided unequivocal proof tha I am the debtor concerned and the reason for this is that AT NO TIME HAVE I EVER BEE A CUSTOMER OF DOLLAR FINANCIAL and have never had a loan facility with that company.

 

All the debt collection agencies that have stuck their grubby fingers in this pie have failed to act with due diligence when attempting to recover the allged debt and now Lowell continue to act in a similar fashion.

 

It is now time I think to point out to Lowell that the onus of proof regarding any liability for the allged debt lies entirely on Lowell, it is not for me to prove that I am not the debtor you seek, the obvious breaches of the OFT Guidance on Debt COllection will now be reported together with a comment on the fitness of the Lowell GROUP to hold a consumer credit licence.

 

FOR CLARIFICATION: I am not the debtor you seek,I have never had business with Dollar Financial, no loan or other credit facility.

 

I will not now or at any time in the future make any payment or offer of payment in regard to the allged debt.

 

Any further collection activity by the Lowell Group or any third party assigned by them will be regarded as harassment and action WILL BE TAKEN.

 

I require your written confirmation that you have closed your file on this matter, removed all crredit reference agency entries, and have removed all data relating to me from your records, I will allow 10 days from the date of this letter for you to reply after which further action WILL BE TAKEN.

 

Send recorded delivery check receipt.

[Let Them Knock]

No chance you have used 'cheque cashing' and a cheque you paid in didn't clear, is there?

[BRIGADIER2JCS]

They usually react very quickly on that 72 hours at most.

[psyduck]

i'm confused - never had a loan from Dollar Financial BUT there was an outstanding debt on the cheques with Dollar Financial and this was under my name. still send this letter?

 

i'm just asking as this wasn't a loan does it count as credit services etc, does my approach change. they literally did a cheque advance service.

 

not sure if im making sense please ask if you need any more info from me!

[psyduck]

No chance you have used 'cheque cashing' and a cheque you paid in didn't clear, is there?

 

that's what I dont think I made clear. i used the cheque cashing not the loan stuff. the cheques didn't clear i don't think. but the last one they tried to cash was in 2007 according to the guy i spoke to today.

[BRIGADIER2JCS]

The two functions are seperate, and that transaction is almost sb probably, yes send the letter and let them look for the proof the ball is in their court!!!