Lowell - Interesting Situation

[Continental]

Well I think it's interesting. I've read a lot about Lowell here on these forums and elsewhere on the web as I have been contacted by them. I do share the popular opinion of these people as **** bags but I am also going to assume that they too read these forums so forgive me if I try to "fly under the radar" somewhat.

 

They wrote to me claiming that I owe a major credit card provider over £5000. They say the debt was sold to them in June 2011. They quote an credit card account number with the last 3 digits missing. I truly and honestly do not know of this debt.

 

I don't live in the UK any more, I moved to France in 2008. It's a long story that I'll spare you but I now own absolutely nothing. I live with my partner and children in a house that was left to her. I earn my keep doing odd jobs, painting and gardening for other ex-pats. No sympathy required, I live in a wondeful place and I have a loving partner and family. I'm very happy.

 

Now this crowd are writing to me about this debt. I was paniked and scared at first. I found a template letter and wrote to them, recorder delivery, saying that I had no knowledge of any such debt. It quoted OFT rules etc. and said I ask that no furter contact be made unless they could provide evidence of my liability. I then received what appears to be their second standard demand letter. This did not answer od refer to my letter to them in any way. I replied and re-staed that I had no knowledge of the debt and this time asked specifically for a copy of the credit agreement and a full breakdown of the account including any interest and charges applied.

 

They responded that they had asked the lender for a copy of the credit agreement and said that they would reply as soon as they could and do their best to send it within the 12 days. I got another letter 6 days later saying that the lender was trying to retrieve the agreement from their archive.

 

Now I've had a letter saying "your original creditor has provided us with the attached reconstituted copy of the credit agreement you entered into with them, which they confirm you would have signed prior to the granting of credit to you. Under section 77/78 of the consumer credit act of 1974 we are not obliged to send you an exact copy of your signed agreement." Is this true? If so this in itself is outrageous. How can they get away with sending a copy of any old credit agreement and not the specific one bearing a (my) signature?

 

Anyway, this is where I'm at. I'm not sure quite what to do next. Should I respond at all. I'm in France and I've truly got nothing, I don't believe I owe the money and Lowell can't send me a signed agreement but they say they have satisfied their obligations under the act. They have completely ignored my request for a full breakdown of transactions, interest and charges. What if my identity was stolen and a debt had been run up against my name fraudulently? How would I know?

 

What should I do please? Your opinions would be gratefully received and appreciated.

[Crocdoc]

Cross border claims are almost unheard of as the cost would be prohibitive, they may well continue to send a stream of begging letters, however if you don't own anything there is virtually nothing they can do other than make noises, which is Lowells speciality.

 

They always evade specific written questions, therefore there is no point in writing and of course telephone contact is an absolute NO NO . In your position I would be inclined to treat their demands as JUNK MAIL

[fletch70]

Tend to agree with croc

 

However it is true they do not need to send a copy of the actual agreement,thank HHJ. Waksman for that in his judgement on the Carey v hsbc case.

 

On the agreement they sent was the address correct and does it fit to when you lived there?

A friend of mine had an agreement sent that showed an address of a house she had sold two years prior to the stated date.

[unclebulgaria67]

They can send you a reconstituted version of the CCA, but it should be as close to the original as possible. If the original credit was taken out prior to April 2007, they would need to have the original CCA to enforce the debt.

 

If they know you are in France, then they should not issue a court claim in the UK, using your old UK address. But they can try for a European Enforcement Order in a court local to you. But if this action is disputed by you which you win, then Lowells are back to having to get a CCJ in the UK, which they can't as you are absent, before trying to enforce in a French court. The other alternative is to go for bankruptcy in your absence, which they can enforce in France, but if you have not assets, then this will cost Lowells a load of money, they would not get back.

 

In this situation, I would perhaps send them a final letter saying that as they have not provided the information requested, that you will not enter into any further communications with them. Then ignore them. If your last payment to the original creditor was in 2008, then the debt will become statute barred in 2014 and will also drop off your credit record.

[DonkeyB]

But why ask for a copy of the agreement anyway? It is not your account! Stick to that fact, no other. Asking for the agreement implies you know something about the account – that will just encourage them more. Which it has.

[cerberusalert]

Moved into the Overseas forum.

[Continental]

The agreement did carry a correct address. My thinking at the time of asking for a copy of the agreement AND a breakdown of all charges was to see if the alleged debt was run up by someone else and see if I could prove that.

 

I take the point. I will now send a final letter.

[DonkeyB]

I understand completely why you did that, but technically you’d be asking for data you know not to be your own.

 

Lowell tend not to respond to ‘prove it’ or ‘cease and desist’ type letters. I have helped people with phantom debts send numerous such letters to them, and none has ever received a proper response – just a ‘we are looking into it’ fob off.

 

Yes, definitely worth a final letter – can you send by some sort of guaranteed delivery, or send via a friend in the UK who can get a delivery receipt?

[DonkeyB]

Also, maybe point out in your letter that it is the original creditor who is possibly the victim of a fraud – not you – and it is not up to you to resolve the matter.

 

Have you received any previous correspondence about this?

 

And have you checked your credit file?

[Continental]

Have you received any previous correspondence about this?

No, this only started 2 months ago.

And have you checked your credit file?

No, I haven't

can you send by some sort of guaranteed delivery

Yes, all of the letters I have sent have been by French recorded delivery (Recommande International)