Me vs Lowells / Red DCA

[Jazz0867]

I have just found this thread after exploring the site and have received numerous letters from lowells then their solicitors and now Red Debt Collection Agency over a Barclaycard Debt I've supposedly had since 1992.

 

I truly cannot remember having a card but did apply for one a few times over the years but got turned down. Having spoken to them they insist they can prove it was me and "anyway if it wasn't me why did I pay £5 cash 5 years ago to make a payment and then not make any more???" I didn't make that payment as far as I'm aware.

 

Today I received a letter offering a settlement figure of half the debt or they will continue with recovery action.

 

What should I do to start to take control of this situation and get them to prove it was mine and that I should pay it????? I'm fed up of receiving their letters!!!!!!!

 

Jazz

[rory32]

Send them something along the lines of the letter below.

 

Your home address)

_________________

_________________

Date: ____________

 

 

To: ______________

__________________

 

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

 

 

(Your Name)

 

Do not sign the letter or sign it differently to your normal signature. It is very easy to scan and paste your signature onto a document.

[dx100uk]

also surely unless they have proof it was YOU that paid the £5 cash all those years ago, it is now statute barred?

 

have you been up on the CRA websites to see what is on your file too?

you can do this for free at the moment, [but you need a CC number & just remember to cancel before 1 month is up] else send them £2 and it will all come in the post.

 

there is also the other route of firing off a CCA request, that is only £1.

 

dx100uk

[Jazz0867]

I've received a (albeit poor) photocopy / fax copy of an original application with my signature on it and since then at least 5 demands for payment.

 

They have still not provided proof of the payment supposedly made by me some time ago (nearly 5 years they say hence their contact).

 

What should I do now! I'm getting fed up of the letters about once a week!

 

I'd appreciate some advice and some ideas of "strong words" to send to them?

[rory32]

Can you scan in the document and post it on here? If you can just remove all personal information first. An application is generally only proof that you applied for credit (it's a pre-contractual document), not that you received credit.

 

You say it's a poor copy, is the whole document legible?

 

Might be time to ask them for a statement of account (which is free). A SAR would reveal more but it costs you £10. I don't like paying them anything in these circumstances.