illegal account sale

[alysha100]

I wonder if anyone can assist me with a debt collection issue? A number of years ago i was taken ill and had to resign from my job. As a result i had to restructure my credit payments to new manageable amounts with the aid of CAB. For the most part this has been an easy option even though i am legally defaulting on these payments i have paid the newly arranged amounts on the specified dates and at the specified amount. However, one of my creditors was awkward to say the least and it transpired upon investigation that they could not actually expect payment because of a false signature against one of the items purchased. This matter was further raised with the financial ombudsman and the creditor was instructed to freeze the account while full investigations took place.

 

What the creditor actually did was sell the account to another debt collection agency. I contacted the new agency highlighting the issue and from that time (around 4 years) to this i have received no correspondence from any company with regard to this account, until today.

 

Today i received a threatening letter stating that the company (another new debt collection agency) had found my address (i have lived at my house for 12 years) through my credit report and were now asking that i repay the debt or else.

 

What i really want to know is if they can actually still claim the payment as there is a huge question mark over the validity of the debt, and the time frame between each letter. if someone has any idea with regard to this matter i would greatly appreciate some assistance.

[Consumer dude]

I wonder if anyone can assist me with a debt collection issue? A number of years ago i was taken ill and had to resign from my job. As a result i had to restructure my credit payments to new manageable amounts with the aid of CAB.

For the most part this has been an easy option even though i am legally defaulting on these payments i have paid the newly arranged amounts on the specified dates and at the specified amount. However, one of my creditors was awkward to say the least and it transpired upon investigation that they could not actually expect payment because of a false signature against one of the items purchased. This matter was further raised with the financial ombudsman and the creditor was instructed to freeze the account while full investigations took place.

 

What the creditor actually did was sell the account to another debt collection agency. I contacted the new agency highlighting the issue and from that time (around 4 years) to this i have received no correspondence from any company with regard to this account, until today.

 

Today i received a threatening letter stating that the company (another new debt collection agency) had found my address (i have lived at my house for 12 years) through my credit report and were now asking that i repay the debt or else.

 

What i really want to know is if they can actually still claim the payment as there is a huge question mark over the validity of the debt, and the time frame between each letter. if someone has any idea with regard to this matter i would greatly appreciate some assistance.

 

Ask for a copy of the credit agreement..

[renegadeimp]

Who is the new DCA?

 

The debt is obviously a lemon debt, and the new owners will probably know that.

[alysha100]

the new dca is Lowell

[alysha100]

Thank you for getting in touch. What exactly is a lemon debt?

[Consumer dude]

Thank you for getting in touch. What exactly is a lemon debt?

 

One that is very likely to be unenforceable..

[alysha100]

Thank you. What do you recommend i do, ignore the letter or write to them informing them that there is an issue with the original debt?

[renegadeimp]

Tread carefully for now and get tje full facts on the debt. Lowell are known for issuing statutory demands and ccj action even on unenforceable debts.

[Consumer dude]

Thank you. What do you recommend i do, ignore the letter or write to them informing them that there is an issue with the original debt?

 

like I said, request a copy of the credit agreement or you could ignore it..

[alysha100]

Thank you for your reply. I have an enormous bundle of paperwork regarding this debt, but i will maybe request they send me a copy of the credit agreement whilst simultaneously pointing out to them that the debt should have been frozen because i cannot afford to get ccj's.

[Consumer dude]

Thank you for your reply. I have an enormous bundle of paperwork regarding this debt, but i will maybe request they send me a copy of the credit agreement whilst simultaneously pointing out to them that the debt should have been frozen because i cannot afford to get ccj's.

 

How much are they saying you owe..

[alysha100]

around £1500 pounds

[Consumer dude]

around £1500 pounds

 

Personally I would wait until they write again and then get back here to decide what you want to do. Don't lose any sleep over it..

[alysha100]

Thank you, that is a great idea. I could wait and see whether they write again, after all they probably would not arrange a ccj immediately. Thank you again for your help and advice.

[Consumer dude]

Thank you, that is a great idea. I could wait and see whether they write again, after all they probably would not arrange a ccj immediately. Thank you again for your help and advice.

 

Only a court can issue a CCJ..

[alysha100]

Exactly and with all of the paperwork i have proving that the debt is not legitimate i cannot see a court issuing a ccj.

[Consumer dude]

Exactly and with all of the paperwork i have proving that the debt is not legitimate i cannot see a court issuing a ccj.

 

and with the information you have given here neither can I..

[alysha100]

these company's and their activities are quite shocking

[BRIGADIER2JCS]

I wonder if anyone can assist me with a debt collection issue? A number of years ago i was taken ill and had to resign from my job. As a result i had to restructure my credit payments to new manageable amounts with the aid of CAB. For the most part this has been an easy option even though i am legally defaulting on these payments i have paid the newly arranged amounts on the specified dates and at the specified amount. However, one of my creditors was awkward to say the least and it transpired upon investigation that they could not actually expect payment because of a false signature against one of the items purchased. This matter was further raised with the financial ombudsman and the creditor was instructed to freeze the account while full investigations took place.

 

What the creditor actually did was sell the account to another debt collection agency. I contacted the new agency highlighting the issue and from that time (around 4 years) to this i have received no correspondence from any company with regard to this account, until today.

 

Today i received a threatening letter stating that the company (another new debt collection agency) had found my address (i have lived at my house for 12 years) through my credit report and were now asking that i repay the debt or else.

 

What i really want to know is if they can actually still claim the payment as there is a huge question mark over the validity of the debt, and the time frame between each letter. if someone has any idea with regard to this matter i would greatly appreciate some assistance.

 

The account it seems was legitimately sold a creditor/debt purchaser may do this at any time.

 

What sort of account is this please?

 

What amount are Lowell claiming exactly, Lowell are tending to use Statutory Demands on any thing over £750.00 so its is a possibility here.

 

Does this account appear on your CRA files? If you haven't checked you should do so.

 

If this account is not statute barred, yes it can be pursued, do you know when the last payment/and or written acknowledgment was made on this?

 

What is the 'evidence' you have that the debt is not legitimate? Without knowing this all is speculation on the enforceability!!!

[alysha100]

The debt was for an item purchased from a catalogue (Kays). No payment has been made on the account since 2008. The debt does show on our CRA as Lowell have added the item to our credit file even though we have not had any discussions with the company. This item is the only blot on our file.

 

The evidence is that a credit agreement between myself and Kays was fraudulently signed as i did not signed the form and fortunately for me Kays actually sent me a copy of the form which someone else had signed using my name. The original form (unsigned) is also in my possession because i was trying to send the item back to Kays but they refused to accept it. I also have all of the letters highlighting the discussion around this.

 

The amount owing is £1500.

[BRIGADIER2JCS]

Ok, who signed the 'agreement'?

 

Was the item (s) delivered to you are a 3rd party?

 

Lowell as debt purchaser will have just up dated the credit file with their details as they are obliged to do when their acquired the account.

 

Has the alleged fraud actually been fully investigated by the original creditor?

[alysha100]

Thank you for getting back me I really appreciate it. I have absolutely no idea who signed the agreement, but the item was delivered to my home and found to be faulty. Unfortunately Kays would not accept the item (for reasons unknown). When i discussed the issue with Kays after some very awkward letters and telephone calls including intervention by the Financial ombudsman, they stated that they would look into the matter. Around a year later I received a letter from Lowell chasing the debt. I wrote to Lowell at that time explaining the situation, at which point they apologised for contacting me and said they would return the debt (or words to that effect) back to Kays as the debt was questionable and Kays were at liberty to prove who signed the agreement.

 

As far as i am aware Kays have not contacted me with any findings of an investigation, and it has been quite a number of years since i last had contact with the company.

[BRIGADIER2JCS]

What happened to the item ?

 

Have you taken Lowell to task over this formally? Lowell are very litigious on any debts over £750.00

 

Do still have a copy of the 'signed' agreement, any detail you can provide to support your case I can draft into a challenge for you.

[alysha100]

Thank you again for getting in touch. The item is in the attic and has never been usable because it arrived with a fault. The only time Lowell had any correspondence before the current time was when I informed them of the situation with Kays. I do have a copy of the signed agreement (with another persons signature). I was advised in the past to ignore any correspondence from any Credit companies regarding this account because of the fraud. I do not want to acknowledge anything that could restart this whole matter again. To be honest i really thought that the matter was closed, how wrong am i.

[BRIGADIER2JCS]

At least the item has not been disposed of that's important, very surprised Kays would not accept its return, without explanation.

 

I'll try to put some order into this for you and will post a challenge to go to Lowell and copy to Kay.