Debt Collection Scam

[AccyJay]

I have just received a letter from Mackenzie Hall acting on behalf of Lowell Portfolio 1 Limited. The letter states that I owe their client the sum of £177.00. This is the 4th letter I have received in the past 8 weeks. As I have no debt I normally just throw them in the bin. Seems like they are definately trying to scam unsuspecting people.

Other_examples_here (read past the initial rant on the site).

BBC Watchdog_report

I only pay for items by cash or debit card, hence, I know I have no debt. If there is no money in my account, I can't buy anything. The last time that I had any sort of agreement regarding any kind of credit was over 10 years ago.

Please be careful.

[AccyJay]

I've read the Watchdog report. Please, please, please read post #74.

[rishtongirl]

Lowells are chasing me for a credit card debt from at least 6 years ago. I moved to Lancashire over 6 years ago and the debt (if owed at all) pre-dates this move, as I have not had any kind of credit card since moving here. They rang me 3 times in 36 hours wanting me to settle the debt in full. I don't know what I should do next.

[accyman]

Originally Posted by rishtongirl

Lowells are chasing me for a credit card debt from at least 6 years ago. I moved to Lancashire over 6 years ago and the debt (if owed at all) pre-dates this move, as I have not had any kind of credit card since moving here. They rang me 3 times in 36 hours wanting me to settle the debt in full. I don't know what I should do next.

i forget the posh name for it but if they havnt contacted you in 5 years or more you dont have to pay it.Some places on teh net say this is not teh case but when my ex partner rang up with the name of the law/rule they never bothered me again.I will try and find the details.

edit:

Statute barred means that if no action is taken within 6 years to pursue the debtor, they cannot do so.

They should have tried harder to find you

[jaysay]

You have to be on your toes these days, there are more and more scams surfacing every day, more weird and wonderful ways to try and nick your hard earned readies

[AccyJay]

Originally Posted by rishtongirl

Lowells are chasing me for a credit card debt from at least 6 years ago. I moved to Lancashire over 6 years ago and the debt (if owed at all) pre-dates this move, as I have not had any kind of credit card since moving here. They rang me 3 times in 36 hours wanting me to settle the debt in full. I don't know what I should do next.

1. First things first DO NOT TELEPHONE THEM, they will try to extract personal information from you, and attempt you get you to admit to the debt.
2. Keep and file any letter from them as evidence.
3. If they do telephone you demand everything in writing and hang up, at no point admit to the debt, it is down to them to provide evidence of the debt, an admission on your part absolves them of any “burden of proof”

[Margaret Pilkington]

There is a template letter on the first link that Accyjay gave. It is a good place to start.
It lets them know that you will not put up with harassment unless they provide proof that you do actually owe the money....it also quotes the Consumer Credit Act.(You can google for more details on this act of law)

Have a look at the link Rishtongirl.....don't let them scare you into putting money(which you may not owe) into their pockets.

[AccyJay]

Response template:


To Whom It May Concern:

Your Reference: xxxx

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.
This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act.

I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement.

This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.
In summary,

I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER:

1.True copy of original credit agreement
2.Statement of account
3.Copy of the executed deed of assignment from (INSERT COMPANY NAME HERE )
4.Fair Processing Notice.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.

As this account is now in dispute, I would also draw your attention to The Banking Code section 13.6:-
"We may give information to the Credit Reference Agencies about personal debts you owe us if"

·The Amount Owed is Not in Dispute:
·The Office of Fair Trading provided a Code of Guidance that is in relation to Debt Collection:

OFT 664 Response to consultation paper and final guidance on unfair business practices dated July 2003
Deceptive and/or Unfair Methods- 2.8 Examples of unfair practices are as follows:-

k. Not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

If you continue in your pursuance of this account I will have no other alternative than to report you to both, The Information Commissioner and The Office of Fair Trading.

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT’s direction of 5 April 2006 and are therefore not a ‘fit and proper person’ to hold a consumer credit license under the 1974 Act.

If you do not understand what this means then seek advice from your legal department.

I look forward to hearing from you within the statutory time limit.


Yours faithfully

<< YOUR NAME HERE >>

[jaysay]

http://home.bt.yahoo.com/_ylt=Aj1z2c...NFrVJoKvt452lc-

Here's a few more scam doing the rounds

[Benipete]

Originally Posted by AccyJay

I've read the Watchdog report. Please, please, please read post #74.

Post 74 ? Not sure who you are trying to convince. You either owe it or you don't. End of.Only you and them know.

[AccyJay]

Originally Posted by Benipete

Post 74 ? Not sure who you are trying to convince. You either owe it or you don't. End of.Only you and them know.

I'm not trying to convince anybody. I was refering to this................

"74. At 7:46pm on 02 Feb 2009, twinklePatriciac wrote:Lowells were sending requests to my mother in law for a supposed British Gas Debt, she had been dead for almost 6 years. Having checked with BGas they confirmed no debt was ever outstanding and in actul fact she was in credit when she died. It took 5 letters and repeated phone calls to get Lowells to accept they were wrong. They are dispicable and caused extreme stress to the family. And they didn't even have the good grace to apologise."