Unknown Debt Sold on

[Nuttytartmel]

Hi

I'm a newbie please be gentle with me!

Today I have received a letter from Lowell stating that they have bought a debt of NewDay in respect of a credit account I held with Debenhams.

I acknowledge the presence of an account ( with Debenhams via Santander) and this was taken out 2011 to the best of my memory.

I have have probably only ever used this facility 3 times and believe that I have cleared all my balances. I do know that I have not received any statements from Debenhams for at least 12 months. Moved house Feb 12 and I know I sent all such people change of address letters and all post was re-directed for 6 months and the person who owns my old property passes all manner of Junk mail on to us still.

I have tried to login to my Debenhams account to have a look but it's saying my details aren't registered?

Have spoke to Lowell who are placing the account on hold whilst they investigate but I'm in a quandary as to where the debt has come from and why this is the first I've heard about it and how I can sort it out. What Evidence I need and if the value is through an accrual of interest and charges how can I have serviced this if I hadn't received statements.

Hope someone can help!

Thankyou

[FlamingParrot]

Re: Unknown Debt Sold on

Hi

I'm a newbie please be gentle with me!

Hi and welcome

We are always gentle, we bark loudly but don't bite! :beagle::beagle::beagle:

Today I have received a letter from Lowell stating that they have bought a debt of NewDay in respect of a credit account I held with Debenhams.

I acknowledge the presence of an account ( with Debenhams via Santander) and this was taken out 2011 to the best of my memory.

I have have probably only ever used this facility 3 times and believe that I have cleared all my balances. I do know that I have not received any statements from Debenhams for at least 12 months. Moved house Feb 12 and I know I sent all such people change of address letters and all post was re-directed for 6 months and the person who owns my old property passes all manner of Junk mail on to us still.

I have tried to login to my Debenhams account to have a look but it's saying my details aren't registered?

Have spoke to Lowell who are placing the account on hold whilst they investigate but I'm in a quandary as to where the debt has come from and why this is the first I've heard about it and how I can sort it out. What Evidence I need and if the value is through an accrual of interest and charges how can I have serviced this if I hadn't received statements.

You can send Lowell a prove-it letter, asking them to show you that you actually owe the money. See below. Ideally you should keep everything in writing rather than speaking to them over the phone. :typing:

Dear Sir/Madam

Account No: xxxxxxxxxxxxxx

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that I have no knowledge of any such debt being owed to CREDITOR

I am familiar with the Consumer Credit sourcebook of the Financial Conduct Authority (FCA) which states the following rules.

"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3

"A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1

"Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.3

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 would ask that no further contact be made concerning the above accounts unless you can provide evidence as to my liability for the debt in question.

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the FCA of your actions.

I look forward to hearing from you.

Yours faithfully

[FlamingParrot]

Re: Unknown Debt Sold on

Today I have received a letter from Lowell stating that they have bought a debt of NewDay in respect of a credit account I held with Debenhams.

I acknowledge the presence of an account ( with Debenhams via Santander) and this was taken out 2011 to the best of my memory.

I have have probably only ever used this facility 3 times and believe that I have cleared all my balances. I do know that I have not received any statements from Debenhams for at least 12 months. Moved house Feb 12 and I know I sent all such people change of address letters and all post was re-directed for 6 months and the person who owns my old property passes all manner of Junk mail on to us still.

I have tried to login to my Debenhams account to have a look but it's saying my details aren't registered?

Have spoke to Lowell who are placing the account on hold whilst they investigate but I'm in a quandary as to where the debt has come from and why this is the first I've heard about it and how I can sort it out. What Evidence I need and if the value is through an accrual of interest and charges how can I have serviced this if I hadn't received statements.

You could also send a SAR to the original creditor (either Debenhams or Santander). This should produce all historical data including statements for at least the past 6 years. You'll need to pay the statutory maximum fee of £10. They have 40 days to respond. The letter should be send recorded delivery to be able to track it. :typing:

Dear Sirs

Ref: xxxxxxxx

Subject Access Request - S.7 Data Protection Act 1998

Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or printouts of all account transactions; all internal and external correspondence sent or received by you including memos, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on all types of media in any relevant filing system. If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).

If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge. I also require that you forward, within the above mentioned time scale, a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

I enclose the statutory maximum fee of £10.00 to access ALL data held by you about myself. You have 40 days in which to comply with this request.

Yours faithfully,