received letter from lowells today.

[LJO]

Hi,

I'm wondering if anyone can help me please.
I've received a letter today from Lowells stating that they have bought my debt from The Bank of Scotland and to ring them to arrange payment. I have never had an account as far as I am aware with the Bank of Scotland and the account number that they refer to does not match the account numbers of any open or closed accounts that I have. They have not stated when this debt is from or what it is for so I am totally clueless.
In addition, when I have just checked my credit report online to check my account numbers etc it has come to my attention that Lowells have lodged a defaulted account on it stating that I defaulted 20.08.2012. What should I do? I have no intention of ringing Lowells but should I write to them or just ignore the letter?
Any help would be greatly appreciated. Thanks in advance.
Lucy

[mlm309]

Re: received letter from lowells today.

Hi i would ring or write to them, explain you dont know what debt they are on about, can they get statements to prove you owe this money?
Explain that you have seen you credit report and default notice but you do not recognise the account numbers
If i am correct in my thinking dont Lowells deal with gas and electric debts from EON or Powergen?

[alsagerman]

Re: received letter from lowells today.

DO NOT RING THEM!!!!!!!!!!!!!!!! Keep everything in writing. Could i suggest you write stating that you do not acknowledge this alleged debt, you have never had an account with the Bank of Scotland and that you require them to remove the libellous default placed on you credit file. Also contact the Credit Reference Agencies and get an "In dispute" marker put against this default. Request from Lowells their final statement prior to lodging a complaint with the FOS (Final Statement is required before the FOS will take the case on). Inform lowells you will be seeking compensation for their actions.

This is of course as long as the debt really isn't yours.

[bluebottle]

Re: received letter from lowells today.

Put the request for proof in writing to Lowells. Print your signature and don't, whatever you do, use your normal signature as DCAs are known to commit forgery.

If you know you don't owe money to RBS, I would make a formal complaint to OFT Credit Fitness Team. You need to send an email to enquiries@oft.gsi.gov.uk and insert CREDIT FITNESS in the subject box. Give a clear and concise resume of your complaint. You will need to quote the following details in your complaint -

Company Name: Lowell Financial
Credit Licence No.: 0528607

I am attaching a copy of the OFT Debt Collection Guidelines to this post. Read through them, identify breaches on the part of Lowells and list them in your complaint to the OFT.

[miliitant]

Re: received letter from lowells today.

ok, lets do this properly shall we

for a start, send this letter to lowells BY RECORDED DELIVERY

print your name, never sign and never give your phone number

please update your thread when lowells respond

never phone them


Name/Address:

Reference number:

Date:

Dear Sir/Madam

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 CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, 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. AND 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 Trading Standards and also inform the Office Of Fair Trading of your actions.

I/we look forward to your reply.

Yours faithfully

[alsagerman]

Re: received letter from lowells today.

Good post Militant, but what about the default placed on Ljo's credit file? This should be acted on with some urgency wouldn't you agree?

[miliitant]

Re: received letter from lowells today.

lets see what lowells come back with first shall we

we do not want to go in two feet first and acknowledge the debt before we have all the facts

if lowells return the debt back to the creditor, which they prob will being an equitable assignment as a rule, lowell will then have to remove the default

but lets see what they have to say first

[alsagerman]

Re: received letter from lowells today.

Erm? Not sure on that tbh Miliitant, but i bow to your greater knowledge. If it was me, I'd be going for blood.

[LJO]

Re: received letter from lowells today.

Thank you everyone. I will send the suggested letter and let you know what their response is. I have also filed a dispute with credit reference agency.
Thanks again.
Lucy

[teaboy2]

Re: received letter from lowells today.

Another approach would be to contact RBS directly and inform them what has happened. If the OP never had an account with RBS then RBS will know there and then and will either confirm this in writing or contact lowells and tell lowells they have the wrong person and the default placed on the OP's file is libellous and should be removed.

[miliitant]

Re: received letter from lowells today.

Erm? Not sure on that tbh Miliitant, but i bow to your greater knowledge. If it was me, I'd be going for blood.

if it ever got to court for damages
for damage to your credit rating, the court will want to know how you tried to resolve it first

you have to give the company who placed the negative data (default) on your credit file an opportunity to address and resolve the complaint

it is called pre-action protocol (conduct)

you have to show that you have been reasonable before bringing any action or you may face a costs order against you

any further damage to your credit rating during this period can still be added to any claim