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Hi guys I'm hoping you can help me. I have had a few debt letters from Lowell regarding a debt to shop direct they haven't taken me to court yet but I sent them a call request over a month ago. Today a letter turns up from them telling me it's a copy of my online application form from shop direct. It's electronically signed and dated 17/03/2011. I can't remember doing this and also it's in my maiden name. I've been married 15 years lol. I'm not sure where to go now with it I obviously don't want to go to court. Any advice would be great. And happy Christmas to u all. Xxxx
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Re: Help with Lowell and cca please
To be clear here, are you saying that you never applied for or used this account? -
Re: Help with Lowell and cca please
I'm not sure if I opened it or not to b honest
if I did I'm not sure why I opened it in my maiden name
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Re: Help with Lowell and cca please
They have also said the will put my account on hold for 30 days while I look at the paperwork.Comment
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Re: Help with Lowell and cca please
Bump
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Re: Help with Lowell and cca please
So apart from the wrong name, was it allegedly taken out at the address you were at during that time?
Is there anyone who could have conceivably done this without your knowledge?
An electronic agreement with a tickbox does not prove you are liable and took it out, in the same way that ID fraud can occur on more conventional types of applications as well. In court it comes down to a 'balance of probabilities'.
Alternative is that Lowells/ShopDirect have cobbled this together using perhaps your address erroneously for something that was never yours in the first place, and they are compounding a mistrace against your details. It's not too uncommon for copy agreements to be supplied showing addresses and details that were demonstrably not those that actually applied at the time taken out, where the DCA/creditor has fudged something together to look OK without due care or accuracy just to get somethign sent out for a CCA request.Comment
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Re: Help with Lowell and cca please
Thanks for your reply nibbler, I was at the address at that time but do not remember doing it and like I said why my maiden name, also the property I lived at then was a pub which I ran at the time but also had lodgers quite a few, thinking it could possibly have been one of them. What do I do now though. XxComment
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Re: Help with Lowell and cca please
Bump plz xxComment
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Re: Help with Lowell and cca please
So you think this likely a case of ID fraud where they got your name somehow wrong?
Problem with requesting a CCA under s78/79 is that it is not a good tool for proving you did or did not actually take out an account, and when used on a disputed debt it tends to put debt collectors into an adversarial frame of mind where they believe you are the person, who is just trying to avoid the debt on a technicality. CCA requests have their uses, but you risk complicating the issue and digging a hole for yourself when used on a debt you doubt is actually yours.
Instead you should really use something like NDL "prove it" letter:
Will find a link and add below.
If you think was ID fraud, then report online via http://actionfraud.police.uk/ to get a crime number, and include that with any dispute letter.
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Letter similar to this post/link
---> http://www.legalbeagles.info/forums/...347#post590347Comment
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Re: Help with Lowell and cca please
Thank you nibbler, when you have five mins can u give me the prove it link as I think I will send that anyway it can't hurt can it ? Can I still report it after 4 nearly 5 years ? The thing is I can't say for sure like I said if I did open it or not. Going through a bad marriage at the time . I just don't know I'm sorry nibbler. XxComment
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Re: Help with Lowell and cca please
Link is in the post above.
But here again --> http://www.legalbeagles.info/forums/...347#post590347
Adapt to suit with details of your case, and perhaps take out what does not apply. Template is a generic starting point.
You can still report it now AFAIK online. It's just gets you a crime number to quote really, which takes away one of the things Lowells may try to fob you off with. i.e. if you think it was ID fraud, you should have reported it.Comment
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Re: Help with Lowell and cca please
Thank you Hun for your help I'll get that written after Xmas and report it too. Let's see what happens. Thanks again nibbler.Comment
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