Lowell Debt - Fraud?

[imash]

Good Afternoon,

I have been hounded by Lowell for years on a debt that I have never accepted liability for.
Unbeknownst to me, my father took out credit from a catalog company in 2011. The credit was not paid and therefore brought by Lowell. I went to university in 2012 so have no idea of/if any letters were sent to my home address regarding this. I only discovered the debt when I wanted to take out a contract for a new phone and was told I could not get credit, I then checked my Experian account to see I had a CCJ in my name. I called Lowell immediately to resolve the issue and to report that this was fraud. In the meantime I contacted ActionFraud for a CRN and gave it to Lowell, they also performed their own investigation with the catalog company and still deemed me liable for the debt. I requested they check details of any card payments in my name etc, but they could not provide them (data protection? I'm not sure). They also said I made a phone call asking when a delivery for a product was made. I asked for them to provide a recording and to question if that was my voice, they said I would need to do this and pay for a recording...

The CCJ has since expired as I assumed (wrongly) that Action Fraud and Lowell had been resolved as I heard nothing for an extended period of time, but I am again being chased. My father has accepted full liability, but Lowell have said this cannot be moved into his name, he can only become a third party, but this still leaves the debit records in my name which I do not want. I am running out of avenues to take and just asking if anybody has some advice I could take. Apologies if this is long winded or confusing.

Thank you,
Ash

[echat11]

Hi IMASH

Welcome to LB

a) CCJ's don't go away, that's the point of them. But in saying that, the fact that the Creditor hasn't applied to the Court regards the CCJ, means that they must come up with a very good reason because of the time that has lapsed. Check Trustonline for CCJ's.

b) Send the original Creditor and Lowell's a Subject Access Request, gather information, see if anything in there can help your cause. They have 30 days to provide the information. Make sure you obtain Proof of Postage.

c) Once you get the responses to your SAR request, lodge a formal complaint with Lowell's in writing, follow their complaints procedure which will be on their website. Again this must be done in writing

d) In a 'nutshell', your father took out a phone contract in your name (he's admitted to this), didn't pay, you ended up with a CCJ.

You can get the CCJ set aside, if you get Lowell's consent to the CCJ (it will cost just over £100, if you can't it will cost £275). Again write to Lowell's but wait until you get the information from the SAR request.

Update when you get the information.