Lowell - Simply Be Debt

[ths01]

Hi.

I posted a few times a while back. Basically Lowell are chasing me for a 'Simple Be' account opened in 2013 with just over £500 outstanding, about £100 of that being penalty fees.

My partner opened the account in my name at her old address without my knowledge. She suffers from Bipolar, and this type of unchecked spending in my name is something I've been trying to sort out over the past 2 years or so. I have been able to shift some of it after discussing with the likes of Next for example (thank you Next!).

When I found out about the account, I explained the situation to 'Simply Be'. I wasn't looking to not pay anything but asked they allow a payment plan to be set up and waive fees because I had no knowledge of the account. However, they basically told me report it as fraud or pay it. I told them at that point to (i) provide evidence I opened the account; (ii) provide statements; and (iii) provide details of where any payments to the account came from (none would have been from me).

Lowell have since contacted me about the debt, so I've gone down the CCA route. They asked me to contact them recently despite not sending CCA evidence. Today they have provided a reconstituted 'true copy' of the CCA after I advised I would not deal with them if they can't prove I opened the account and if they're chasing someone for payment, that's the least they should be able to do.

• The CCA they sent has my name and my girlfriend's old address in someone else's handwriting. So a 'reconstituted' document mashed up from agreements back in 2013 I guess.
• It is blank in the signature area of the forms.

Is this valid, or can I protest? The situation here is that I don't want to go down the fraud route, but I also don't want to pay a little over £500 to Lowell or Simply Be. I would consider paying less than 50% of the overall amount to get this done and dusted. Having had to clean up a fair mess over the last few years, my savings are sparse - so I really want to get the best deal I can.

Any advice or help would be appreciated.

Regards.

[ths01]

Re: Lowell - Simply Be Debt

Something to add. A statement was provided noting the account was opened in January 2014 at my girlfriend's old address. However, she hadn't lived at that address since September and would have had no way to receive the goods. Now the goods on the statement are recognisable to me as hers, so I think the items on there are correct - however, I think dates are made up & the address has been cobbled together somehow. I'm very dubious about how Lowell have collected this information now.

[R0b]

Re: Lowell - Simply Be Debt

Morning, I've tagged @nemesis45 to assist but here's the problem, you can't have your cake and eat it. I understand it's difficult with your girlfriend but if you don't want to report it, then you will need to defend or pay up. Even if you go to court, you still have 30days to make the payment without obtaining a CCJ. So if you have the money to pay then it could be worth taking your chances.

Perhaps Nem could answer this but surely its possible to set up an account with one address and delivery to an alternative one? You are right to be cautious of Lowell and other debt companies it is not common for them to put a reconstituted agreement together and get things wrong. But you need to prove it in court.

It may be helpful as well to post up a copy of the agreement you've received with personal info removed so that others can check to see if it complies

[nemesis45]

Re: Lowell - Simply Be Debt

Hi Just reading the details now.

nem

[nemesis45]

Re: Lowell - Simply Be Debt

Hi,

You should report this Action Fraud, no doubt this is affecting your credit profile.

Without seeing the documents it difficult to say if the alleged agreement complies with the CCA request so if you can please post a copy (s) after removing personal details.

To be compliant a recon agreement must have 2 sets of terms and conditions, those relevant at inception and closure of the account.

The customers name and address as it was when the account was opened

Any other documents mentioned in the T's & C's.

Signature (s) are not required.

nem

[Diana M]

Re: Lowell - Simply Be Debt

You have a dilemma as well as a legal problem.

I looked at some of your posts on your other threads on the same issue (your partner's catalogue woes) where I found this post by @Debt Camel last year which seems appropriate to this current problem although you may have already gone ahead with some of her suggestions:

I think you should establish what is on current fraud databases about you. There may be nothing, but I think you need to know, see http://debtcamel.co.uk/name-fraud-database/. Also if you haven't done this already, you need to apply for CIFAS protective registration. This will make it harder for your girlfriend to open any more accounts in your name. better safe than sorry!

The problem is that they are already aware of your girlfriend as being the likely person that opened this account if you didn't. If you are hoping they are going to take your word for it that she has mental health problems and just drop the debt and not chase her for it, this seems very unlikely to happen. Why should they?

I have never know a case where a debt was squashed due to mental health problems where the person with those problems didn't have to provide medical evidence, often a DMHEF form http://www.malg.org.uk/wp-content/up...2015-final.pdf

Also it is not that easy to argue that a debt should be written off because of bi-polar: you and I and everyone else not suffering from the condition may think buying whatever it was on credit was totally stupid. That doesn't necessarily mean that your girlfriend wasn't mentally capable of taking the decision to purchase on credit - it just means that we disagree with the decision. Of course if your "bi-polar" description was just shorthand for a complicated and severe mental health problem, then you may be able to make the case.

If her debts are already being handled by CAP, I am not sure why the best solution wouldn't just be to add this to the pile?

Di

[Diana M]

Re: Lowell - Simply Be Debt

Now the goods on the statement are recognisable to me as hers, so I think the items on there are correct - however, I think dates are made up & the address has been cobbled together somehow. I'm very dubious about how Lowell have collected this information now.

^ ^ ^ ^ That statement provokes thought.

Legal proceedings are based on truth. You sign your Defence and Witness Statement to swear you are telling the truth. If you lie in a court document then that's contempt of court which is a criminal offence.

Omitting facts is not lying.

However, if this goes all the way to court then you may be cross examined under oath on the contents of your WS. If the other side gets wind of any possible fraudulent activity in relation to this debt, then there's the potential for you to be questioned on it.

If you've registered with CIFAS as Debt Camel suggested then the creditor may already have an idea of what may have gone on.

Since you've already told 'Simply Be' that it was your partner's actions and they told you to report it as fraud, then Lowell may have been made aware of this already. They may not.

Even if they don't know or suspect anything about your partner's involvement, questions may be asked as to why you believe that's not your credit agreement.

If you say that's not your handwriting, the obvious question will be "so whose handwriting is it?". You will have to answer honestly.

I haven't seen the legal paperwork and know nothing of the background to this difficult situation. If I were in your shoes I would probably be looking at negotiating a settlement with Lowell. But that has to be your choice since I'm not in your shoes.

On a personal level I wouldn't report my partner for fraud if I felt they were genuinely trying to get their life back on track with professional help for their mental health issues.

I wish you both good luck with whatever way you decide to handle this issue.

Di

[nemesis45]

Re: Lowell - Simply Be Debt

As I see it the handwriting on the " agreement " is not yours or your ex partners?


nem

[Diana M]

Re: Lowell - Simply Be Debt

As I see it the handwriting on the " agreement " is not yours or your ex partners?

If the OP pleads that, then the DJ is likely to order a handwriting expert to decide the issue as ADDLED has recently discovered in his case.

I received a copy of the judgment today. There isn't a sanction if Lowells don't . . . .
Instead the judge has asked for me to pay for a handwriting expert to check signatures, and a further trial, all causing much additional expense.

If the OP implies that Lowells have forged the document then I would expect Lowells Solicitors would ask the court to order a handwriting expert's report to prove their innocence.

Di

[nemesis45]

Re: Lowell - Simply Be Debt

[QUOTE=Diana M;690881]If the OP pleads that, then the DJ is likely to order a handwriting expert to decide the issue as ADDLED has recently discovered in his case.

Lowell Solicitor it seems have reconstituted an agreement and have hand written the account holders name and address as it was when the account was opened, that is required for an reconstituted agreement and until we see the rest of it we can't know if it is compliant.


nem

[Diana M]

Re: Lowell - Simply Be Debt

Lowell Solicitor it seems have reconstituted an agreement and have hand written the account holders name and address as it was when the account was opened. . . . . we can't know if it is compliant.

My contribution to the thread was in response to the OP's overall dilemma on how to defend a claim when he knows his partner was responsible for incurring the debt.

It wasn't about whether the reconstituted agreement is compliant, because as I see it that is not the only issue to be considered.

Di

[ths01]

Re: Lowell - Simply Be Debt

Hi guys.

Thanks for your comments. I'm still a little hot under the collar about all of this, and when things crop up, or

To advise I am CIFAS registered and some organisations (Like Next and Shop Direct) have already helped to clear off records from my credit report due to the circumstances. Others like Simply Be weren't as helpful, but with the current ease seemingly of opening accounts in other peoples names - it seems they're not that bothered and just want their money. They've sold to Lowell and I'll be dealing with them. I'm studying this weekend as I have an assignment due, so I'll look to get a copy of what they sent me up during next week.

I think I will look to work out a reduced payment with Lowell, but before I go back to them, it would be good to see if I can throw a couple things at them relating to the documentation they sent. I'll get that up as soon as I can; unfortunately lots going on with work, study and now this cropping up again :-(

Thanks so far.

[spirit2534]

Re: Lowell - Simply Be Debt

I'm a peripheral viewer of Lowell, any view of their activity is welcome

[charitynjw]

Re: Lowell - Simply Be Debt

For info.
Simply Be is a trading style of J D Williams.

[ths01]

Re: Lowell - Simply Be Debt

I have attached a picture of all three documents sent to me by Lowell. Lowell merely attached a handwritten note advising this is the information I requested. There is a copy of a letter from Simply Be sent to an address I never lived at. This was the same address handwritten on the two pages of CCA documentation that I received alongside the copy of the Simply Be letter.

Thanks in advance.