Being chased for a debt which isn't mine (Lowell Financial)

Hades · 9 Nov 2017 at 12:36

A few weeks ago I received a letter from Lowell Financial (who appear to be a debt recovery agency) asking me to contact them as I "may" be their "customer". After googling I found a few horror stories from this company and the general advice was to ignore them at that point as they seem to chase anyone for a debt even if they aren't the right person.

Today I receive a letter from them demanding money for an unpaid Three bill. This doesn't surprise me given the stories I found online. I have never had an account with Three and the only Three sims I have ever bought from them were PAYG mobile data sims for my MiFi.

I intend to send them a "prove it" letter via recorded delivery:

http://forums.moneysavingexpert.com/showthread.php?t=2607247

Before I do so, does anyone have any further advice?

Bengaboy · 9 Nov 2017 at 12:38

Well if you don't pay, they may take your stuff away. Saw it on a program once!

Hades · 9 Nov 2017 at 12:45

Delvis · 9 Nov 2017 at 12:45

Yes.

Return to sender?

Is it not addressed to anyone?

SC0TTRS · 9 Nov 2017 at 12:49

Used to have similar letters a while back, final warning, debt collectors on my door kind of letters chasing me for unpaid bills...

Turned out it was for someone else with the same name as me, they sent out letters to anyone with the same name in a bid to try and get a response... :rolleyes:

Even after telling them to bog off! and stop sending the letters I soon started to receive them again! lol

Haven't had anymore for sometime so must have found/gave up on them.

ttaskmaster · 9 Nov 2017 at 12:51

Bengaboy said:
Well if you don't pay, they may take your stuff away. Saw it on a program once!

No no no, that was Can't Pay - This here is Won't Pay... Totally different situation.
For those that Won't Pay, they send Ainsley Harriott round to bug the spit out of you with his hip-wiggling shimmy awesomeness!!

Hades · 9 Nov 2017 at 12:54

Yes addressed to me. I just pinged Three on live chat and checked the account reference number (that Lowell put on the letter) and they confirmed it doesn't match my details. I am guessing from the first fishing letter that Lowell are just spamming anyone with a similar name. I guess the options are to just ignore it or to send a prove it letter. I'm inclined to do the latter and send them a "prove it or **** off" letter.

LeMson · 9 Nov 2017 at 12:55

Tell the cops about the harassment, then a no win no fee lawyer about the emotional distress

Hades · 9 Nov 2017 at 13:11

LeMson said:
Tell the cops about the harassment, then a no win no fee lawyer about the emotional distress

Great idea. I'll ask Lowell if they have a no win no fee department. Oh wait...

NVP · 9 Nov 2017 at 13:14

ttaskmaster said:
No no no, that was Can't Pay - This here is Won't Pay... Totally different situation.
For those that Won't Pay, they send Ainsley Harriott round to bug the spit out of you with his hip-wiggling shimmy awesomeness!!

Hahaha

stopper · 9 Nov 2017 at 14:28

Bengaboy said:
Well if you don't pay, they may take your stuff away. Saw it on a program once!

Debt collectors can't take any thing from you for an unsecured debt.
Only after you sign your goods over to them (secured debt), can a court appointed bailiff take any thing. Secured debts like hire purchase or mortgages, or if you have appeared in court and had a judgment made against you.

Burnsy2023 · 9 Nov 2017 at 14:37

stopper said:
Debt collectors can't take any thing from you for an unsecured debt.
Only after you sign your goods over to them (secured debt), can a court appointed bailiff take any thing. Secured debts like hire purchase or mortgages, or if you have appeared in court and had a judgment made against you.

You can also have a county court judgement made against you for an unsecured debt which can be escalated to the High Court for a judgement to be issued. This can then be enforced by removal of goods.

IvanDobskey · 9 Nov 2017 at 15:20

I had something similar. I think someone had falsely given my address.

I emailed the company threatening them with legal action unless they backed off.

Never heard from them again.

Skillmister · 9 Nov 2017 at 15:26

Burnsy2023 said:
You can also have a county court judgement made against you for an unsecured debt which can be escalated to the High Court for a judgement to be issued. This can then be enforced by removal of goods.

Can being the operative word

iv-tecman · 9 Nov 2017 at 15:45

Skillmister said:
Can being the operative word

Most debt collectors can 'try" but most of the time these debts are purchased for pennies per pound in a hope they can get a least some to stump up some money for a debt. As most purchase the debts in bulk with a hope to get something back, they tend to try and keep costs down, to apply for a court order means additional costs, but before any court would look at the debt, the collector needs to prove without doubt that the debt they are chasing is 100% belonging to the person being chased. Most haven't even got this proof, even when requested by the person being chased.

Most online agreements have no signatures, all none secured debt hardly ends up in court unless the debt collection agency has proof the debt is with the person they are chasing. Secured debt is a totally different matter. Unsecured debt however is mostly sold to companies such as Lowell and the debt collector takes their chances they'll get at least a percentage of returns on the debt they purchased.

This is based on experience as I had to help a friend who had amassed a huge amount of debt. When I looked into it for her, as she was really worried, as she'd lost her job and was struggling, turns out nearly all her debt was un-secured, and when she starting to speak with the collection companies , I asked her to get proof, and over half just didn't respond and the ones that did and provided proof, offered a really attractive half settlement etc..

Its the secured debt that is dangerous.

Hades · 23 Nov 2017 at 14:22

A quick update. Having sent them a "prove it, go away or I will report you to the FCA" letter I have received a letter of apology confirming I am indeed not the person who owes them money. What a complete bunch of cowboys.

LeeUK · 23 Nov 2017 at 17:30

That's what these bottom feeding debt collection companies do if they don't have confirmed details for someone, they will spam everyone with the same or similar name in the area hoping to catch the right person, or anyone who will pay it off without any questions.

When they get to Lowell it usually means the original creditor has wrote the debt off and Lowell have purchased it for pennies in the pound.

LeeUK · 23 Nov 2017 at 17:34

Burnsy2023 said:
You can also have a county court judgement made against you for an unsecured debt which can be escalated to the High Court for a judgement to be issued. This can then be enforced by removal of goods.

Only if you allow them into your property to make a controlled goods agreement.

You only see the easy pickings on Can't Pay...

adolf hamster · 23 Nov 2017 at 17:49

Burnsy2023 said:
You can also have a county court judgement made against you for an unsecured debt which can be escalated to the High Court for a judgement to be issued. This can then be enforced by removal of goods.

Presumably they wont be winning a court judgement without some reasonable evidence it's the op that owes them though?

Dav4 · 23 Nov 2017 at 18:25

Wow just read a bunch of endless 1 star reviews for these con artists on Google seem they pull the same stunt with everyone threatening people over debts that are nothing to do with them :confused:

How do they get away with it?
Op just ignore them but keep everything they send as proof. If they carry on after a few months then send them a recorded threatening letter intending to take legal action against them they will soon go away