How to deal with Lowell Harrassment over a 3 bill?

[ambershadow]

Hello,

Lowell contacted me in January 2012 (pretending to be 3) demanding over £200 within 20days. The debt appears to relate to a telephone number that belonged to my ex-wife's and which it appears she was paying up until she moved house in 2009. All bills would have been sent to her previous address which I have never lived at, although historically the mobile number in question started out in my name and was later transferred.

The threads on this forum have been a great deal of help. In January I replied to Lowells explaining that the account in question is not mine. I pointed out that I have my own mobile account with 3 and they have always known how to contact me, therefore if there genuinely had been a 3 debt attached to my name, they would have had no difficulty in contacting me.

In May they wrote to say they have information they want to discuss on the phone (I didn't fall for that one). I replied and demanded that they "adhere to the the etiquette of formal complaint handling and communicate any findings in writing". I also asked for evidence - "all the documentation you hold relating to the account in question".

This October I have received a third letter, that has twisted the information I have previously supplied to try to make me think they have evidence the debt is mine (which I note they have failed to supply).

What do I do next?

From reading the forums it sounds like a formal Subject Access Request asking for specific documents would be a good idea, but I don't understand the procedure.

Advice would be appreciated.

[miliitant]

Re: How to deal with Lowell Harrassment over a 3 bill?

have you checked your credit file under your name

if the contract was transfered into her name then i would ignore lowells if you have a clear credit file, if lowell has recorded a default, i would hang, draw and quarter them

[bluebottle]

Re: How to deal with Lowell Harrassment over a 3 bill?

Okay. It's time to ramp things up a bit. I am attaching a copy of the OFT Debt Collection Guidelines. Lowells are the holders of an OFT Category F Debt Collection Licence and the Guidelines are part of the terms and conditions of their licence. Look through them and make a list of how many breaches of the Guidelines Lowells have committed. One breach that immediately comes to mind is "Deceitful Methods". Keep putting them on notice to produce evidence you are liable for the alleged debt and don't give in. In the meantime, make a formal complaint against Lowells to OFT Credit Fitness Team. I am attaching a document that takes you through the process of lodging a complaint against a bailiff company, but the process is, effectively, identical for DCAs. Make sure you list all and any breaches of the Debt Collection Guidelines in your complaint. Also make sure you include the following in your complaint -

Company Name: Lowell Financial Ltd
CCA Licence No.: 528607

Make sure you forward a copy of the email to OFT to your local Trading Standards, too.

If you want to tell Lowells, wait until you have sent off the complaints to OFT and TS. I can't say it will stop them contacting you further, but it will certainly put them on notice you won't be messed with.

[ambershadow]

Re: How to deal with Lowell Harrassment over a 3 bill?

Thanks for your help Bluebottle!

Are you sure you added the attachment? I can't see it.

Is there any point issuing a formal SAR? I'm going away for a month and I was thinking of sending them a note of some sort before I go, and buy some time before the next annoying letter and possibly the "ramping it up" on my part.

Your experience and advice is appreciated. Let me know what you think.

[bluebottle]

Re: How to deal with Lowell Harrassment over a 3 bill?

Thanks for your help Bluebottle!

Are you sure you added the attachment? I can't see it.

Is there any point issuing a formal SAR? I'm going away for a month and I was thinking of sending them a note of some sort before I go, and buy some time before the next annoying letter and possibly the "ramping it up" on my part.

Your experience and advice is appreciated. Let me know what you think.

Sorry about that. Not having a good day. Documents are now attached. I would also take note of what Miliitant has said in his post about checking your credit file. If Lowells have done anything they shouldn't have done, then, that is the time to stuff, truss and roast them alive.

Don't encourage the Leeds Losers by submitting an SAR unless you absolutely have to. Put the buggers on notice it is for them to prove you are liable for any debt, not you. If they still persist, then we'll tell you how to start getting tough with them.

[ambershadow]

Re: How to deal with Lowell Harrassment over a 3 bill?

Many thanks. I will keep you updated.

[ambershadow]

Re: How to deal with Lowell Harrassment over a 3 bill?

In response to the most recent letter (that asks ME to supply evidence that I am not the debtor) I have drafted this, which I intend to send tomorrow, before I set about writing my complaint to the credit fitness team. Will it suffice?

Formal Complaint. #2

I am writing to make a second complaint. I require you to provide information about your complaints procedure, and your procedure for responding to reasonably disputed debts.

My (second) complaint is that Lowell have not produced any evidence that I am the debtor. (I note this is a breach of the Civil Procedures Rules 1998).

It is for Lowell to prove I am liable for any debt, not for me to prove I am not.

If you fail to supply sufficient evidence and persist in your communications, they will be regarded as harassment and treated accordingly.

[signed]

[bluebottle]

Re: How to deal with Lowell Harrassment over a 3 bill?

In response to the most recent letter (that asks ME to supply evidence that I am not the debtor) I have drafted this, which I intend to send tomorrow, before I set about writing my complaint to the credit fitness team. Will it suffice?

Formal Complaint. #2

I am writing to make a second complaint. I require you to provide information about your complaints procedure, and your procedure for responding to reasonably disputed debts.

My (second) complaint is that Lowell have not produced any evidence that I am the debtor. (I note this is a breach of the Civil Procedures Rules 1998).

It is for Lowell to prove I am liable for any debt, not for me to prove I am not.

If you fail to supply sufficient evidence and persist in your communications, they will be regarded as harassment and treated accordingly.

[signed]

Okay. By demanding you produce evidence you are not the debtor, Lowells are in breach of OFT Debt Collection Guidelines and that is a breach of their OFT Licence. Send a complaint to OFT Credit Fitness Team today, using the process in the document I have attached to an earlier post. If at all possible, scan any hard copy letters they have sent to you and attach to the email to OFT Credit Fitness Team. Doing that does help OFT Credit Fitness Team see exactly what a DCA is doing and gives them the ammunition to justify imposing sanctions on a DCA.

In the meantime, I would not respond to Lowell's letter. Let them send another letter and then send them a formal letter. I'll put together something and post it up later.

UPDATE: Letter attached. Please bear in mind that this is only a draft. I hope you do not have to use it, but it can be modified to suit whatever stroke The Leeds Losers try to pull next.

[wales01man]

Re: How to deal with Lowell Harrassment over a 3 bill?

WHY Would anone have to give any a---hole debt collectors proof that they are not the debtor if you bare sure its not your debt i would think its better to ignore it all until (highely unlikely) the issue a CCJ summons then i would contest it in the court and claim exes and publish it all i know some dont think like me but many will i think?

[ambershadow]

Re: How to deal with Lowell Harrassment over a 3 bill?

Okay. By demanding you produce evidence you are not the debtor, Lowells are in breach of OFT Debt Collection Guidelines and that is a breach of their OFT Licence. Send a complaint to OFT Credit Fitness Team today, using the process in the document I have attached to an earlier post. If at all possible, scan any hard copy letters they have sent to you and attach to the email to OFT Credit Fitness Team. Doing that does help OFT Credit Fitness Team see exactly what a DCA is doing and gives them the ammunition to justify imposing sanctions on a DCA.

In the meantime, I would not respond to Lowell's letter. Let them send another letter and then send them a formal letter. I'll put together something and post it up later.

UPDATE: Letter attached. Please bear in mind that this is only a draft. I hope you do not have to use it, but it can be modified to suit whatever stroke The Leeds Losers try to pull next.

Cool! Thanks for that.

Just to clarify the details of correspondence so far...

I have not previously put my request for evidence is as clearly as my above draft but I did say in my last correspondence on the 19th May - "Your letter dated 25/01/12 was the first communication I have ever received relating to this alleged debt, and I am completely baffled by your allegation that it is mine. If you remain convinced that this account is mine, I expect you to furnish me with all the documentation you hold relating to the account in question, so I can better understand your accusation."

A bit waffly. They ignored me and told me they "KNOW" the account wasn't transferred into my ex-wife's name but if I have "documentary proof" that it was, I should send it to them.

My recollection is that the transfer was done in 2006 after numerous telephone calls placed by myself and I have not had sight of any bills since.

[ambershadow]

Re: How to deal with Lowell Harrassment over a 3 bill?

WHY Would anone have to give any a---hole debt collectors proof that they are not the debtor if you bare sure its not your debt i would think its better to ignore it all until (highely unlikely) the issue a CCJ summons then i would contest it in the court and claim exes and publish it all i know some dont think like me but many will i think?

As my name was associated with the number originally, it causes me some concern that my name has been associated with the debt. I feel Lowell is exploiting my lack of knowledge of the debt, and what information they hold in relation to it, to imply that it is mine, even though that doesn't add up.

[ambershadow]

Re: How to deal with Lowell Harrassment over a 3 bill?

Their last letter dated 15th gives me 28 days to respond to the letter before they say they will start collection proceedings.

[ambershadow]

Draft complaint

Please find attached my draft complaint - so many breaches - is it clear enough?

[bluebottle]

Re: Draft complaint

Please find attached my draft complaint - so many breaches - is it clear enough?

It needs a bit of tweaking before you email it to OFT Credit Fitness Team. As it's in Rich Text Format, I've downloaded it and will make some amendments. However, you have covered most of the important points that need bringing to the OFT's attention. Once I've amended what you've posted, I'll post it up as TXT2.

UPDATE: I am in the process of re-drafting your complaint so that events are in chronological order. This will make it easier for OFT staff to follow the sequence of events and see when breaches of the Debt Collection Guidelines took place. It also means that if sanctions are imposed on Lowells, it will be easier for those who will make such decisions to compile the necessary documentation to justify their decision. Also, please bear in mind that a DCA who has conduct requirements attached to their licence or an Adverse Determination to Refuse Renewal of or to Revoke A Licence has a right of appeal to the First-Tier Tribunal, which is a judicial body. If your complaint is used as an example of Lowell's non-compliance, because it is written in a clear, logical sequence, it will be easier for the judge and other members of the Tribunal to read and see what Lowell's have done.

[wales01man]

Re: How to deal with Lowell Harrassment over a 3 bill?

I for one cant wait for their fob you off reply