If you get a letter saying you owe money on a debt you don’t recognise, or which you thought you had paid off, you need to challenge the creditor to prove that you do owe the money.
Sometimes debt collectors have simply got the wrong person. This is sometimes called a mis-trace.
This is what the Financial Ombudsman says about mis-traces:
We would ask a debt collector to provide evidence to show that they are seeking repayment from the correct person. It would not be enough to say, for example, that the person has the same name as the borrower or hirer, or even the same name and date of birth. We would look for some convincing reason to link the person to the debt.
First think about whether you might owe this money? If your name is James Lewis they may have got the wrong person; if your name is Edith Chicken that’s less likely. If it seems to be a debt to Orange and you have been with Vodafone for the last 15 years, it probably isn’t yours etc.
When not to send a Prove It! letter
Before you send a Prove It letter, check if any of the following circumstances applies:
- if the letter is addressed to someone else but has your address, this page explains what to do. (NB this is meant for when the letter clearly isn’t for you – not if it has your maiden name or the name is slightly mis-spelled);
- if the debt appears to be old, possibly more than six years since you last made a payment to it, then you need to talk to a specialist debt advisor, not reply to the creditor. The time limit for recovering the debt may have run out, so you need to find out more about Statute-Barred Debt;
- the letter has no details about the debt at all Sometimes debt tracing firms send out very vague letter, just inviting you to get in contact. See Prime Location Services – contacting you about a debt for an example. In this case you could decide to just ignore it. But if letter continue to come, take action!
- if you have received court papers, you don’t have time to send a Prove It letter as there are tight timescales to enter a defence. Don’t ignore court papers, otherwise you will get a CCJ. Read What to do if you get a Claim Form and contact National Debtline as soon as possible if you are unsure;
- if the letter says there is already a CCJ (perhaps the court papers went to a previous address?) then the Prove It letter below is not appropriate. You can see if there has been a CCJ issued in the last six years by checking the Trust Online database. If there is a CCJ for a debt you do not recognise, talk to National Debtline about applying for the CCJ to be “set aside”.
Send a Prove It letter
But if you don’t think the debt was ever yours, or you are unsure and it isn’t likely to be close to six years old, then you should write a “Prove it!” letter to the debt collector. Neither deny nor acknowledge the debt, just ask them to supply proof that the debt is yours as follows:
I am writing in response to a letter from you dated [dd/mm/yy], a copy is attached.
If you have reason to believe that a valid debt exists and that the Debtor resides at this address, then please prove the debt in writing.
The FCA rules say you cannot continue any collection activity until you have done so.
Your name
I suggest that you don’t include your telephone number in this letter – dealing with this sort of thing by mail is less stressful. Keep a copy of this letter and send it recorded delivery.
The proof, when and if it comes, should be enough of the following list to prove that you do (or did) owe the money, or indeed indicate that it is somebody else who is the Debtor:
- Credit Application; Loan Agreement;
- Statement of Account showing details and dates of debits and credits including payments, interest and charges to the account and the current amount outstanding;
- Copy of Default notice, copy of formal demand; and
- where the debt has been sold, copies of letters from original creditor stating that, plus letters from the current creditor stating that.
If they can produce these, they may jog your memory. Not all the items on the list may be available, but enough of them have to be to clarify the situation if they want to pursue you.
After you have sent a Prove It letter
You don’t get a reply
If it all goes quiet, then the debt collector may have been on a ‘fishing expedition’ and decided not to bother you any more – so if you don’t hear anything, just file the letters away somewhere and don’t worry.
But if this incorrect debt is showing on your credit records, you want that sorted. Write to the debt collector again after a few weeks, repeat that this debt is not yours and tell them to remove the entry from your credit records with Experian, Equifax and Call Credit. In this case you should also inform the Credit Reference Agencies that the debt is in dispute.
More demands arrive
If they don’t reply with any proof after a few weeks but letters demanding payment continue to arrive, then write a second letter with COMPLAINT in capital letters at the top.
COMPLAINT
On dd/mm/yy I ask you to provide proof that I owed the alleged debt to xxxxxxx. I attach a copy of my letter.
The FCA rules are clear that ” Where there is a dispute as to the identity of the borrower or hirer or as to the amount of the debt, it is for the firm (and not the customer) to establish, as the case may be, that the customer is the correct person in relation to the debt or that the amount is the correct amount owed under the agreement.”
I do not owe this money. You have failed to produce any evidence that I do. If you do not cease to contact me about this debt I shall be complaining to the Ombudsman.
[Please also delete the incorrect entries from my credit records.]
Your name
Going to the Ombudsman – which Ombudsman?
If the debt collector ignores this second letter, then I suggest you complain to the relevant Ombudsman after 8 weeks. During this time, make sure you keep a record of any more demands from the debt collector – by phone, text, email or letter.
This will be the Financial Ombudsman (FOS) if the debt appears to be a loan, credit card, catalogue or an overdraft. How to send FOS your complaint is described here.
For other types of debt (energy bills? mobile phones? etc) there are different Ombudsman. Sometimes one will be mentioned on the letter you have received. If not, phone National Debtline and ask who they think you should complain to.
Can you get a payday loan refund?
Is your debt statute barred?
Misleading & aggressive debt collection
Kerry Thomas says
I am currently being chased for a debt with Robinson Way that I am sure is over 10 years old. I have read a number of pieces of information on here in relation to statute of limitation and that after a certain period of time, the debt is not able to be sent to court and I can dispute the debt being chased. How do I find out the exact statute of limitation on a debt? Even though I believe this debt is older than 10 years ago, I have still received a letter with court fees on confirming a CCJ is being applied to me. How??
Can you advise how may be best to go back to this company, as if they are not able to sue after the statute of limitation, how did this go through a court?
Sara (Debt Camel) says
“Even though I believe this debt is older than 10 years ago, I have still received a letter with court fees on confirming a CCJ is being applied to me. How??”
Statute barred is a good defence against a CCJ. But it does not stop the creditor from going to court, it is just the way you can win the case.
I can’t tell if Robinson Way are taking you to court to get a CCJ or if they already have done this and you ignored the court papers so you now have a CCJ.
But in either case you need to talk to National Debtline urgently, 0800 808 4000. You need advice on how to defend the Claim or set the CCJ aside. you do NOT want to go back to RW and tell them the debt is statute barred – it is too late for that.
Gareth Gough says
Hi Sara,
Lowell Powell are pursuing a debt that is around 12 years old. They claim I made a payment towards this in 2011 – and that because this was 4 years from the default – its not statute barred.
Two things that are slightly puzzling:
1. Is it right that its 6 years from “which the cause of action accrued.” i.e. even if no acknowledgement towards the debt happens for 20 more years because of a payment in 2011 – 4 years after the default- it can never be statute barred?
2. They claim there is a CCJ but this does not appear on my credit record at all.
I have asked for documented evidence about proving the debt is in my name, no statute barred and evidence payments were made in 2011. So will see that happens!
Sara (Debt Camel) says
What sort of debt was this? When do you think you last made a payment to it? If they are saying there is a CCJ you need to ask for the details of this – if there is a CCJ in place Teheran are not obliged to provide a lot of information about the debt any more.
Squigglebit says
Lowell have been chasing me for a debt, they’ve not been able to prove it and keep sending me letter (most recently 2 weeks ago) to say they still haven’t got any proof.
Today I received a letter demanding payment.
Have just chucked it in the bin. I figure I don’t need to do anything if they still can’t prove it?
Sara (Debt Camel) says
It’s better to email them a letter saying you will not be considering paying the alleged debt until they produce the proof that you owe the money. If they send another letter trying to collect, then put in a written complaint.
Kt Vaughn says
Hello
I’ve just come across this site and have already enjoyed reading several articles, thank you!
I’m being chased by Robinson Way for a credit card I never had, the card company originally sent a debt letter, I replied with a prove it letter as I never had a card from them and no card I ever held shared the account number they are claiming I held. A few months after I sent the prove it letter Robinson Way started to send me letter and emails (I’ve no idea where any of these companies got my contact details). The debt is for thousands of pounds I never spent so I sent Robinson Way a prove it letter but they ignored the letter and continue to send me letters threatening court action which I know they can’t do if they have no proof. Robinson Way insist they hve the right to contact me with or withut proof of the debt.
I’ve checked with the credit agencies and none of them have details of this supposed card. It’s deeply upsetting experience and I cannot find any rights that mean I can stop this from happening.
Sara (Debt Camel) says
Did you ever get a reply from the credit card company to your Prove It letter?
How long ago did you send Robinson Way the Prove It letter? Was this by post, if it was did you send it recorded delivery, or email?
Kt Vaughn says
Thanks Sara,
I sent the prove it letter last year on the 23 August 2017 it was sent via signed for delivery and they did receive it but they didn’t respond. The letter and all the letters that have followed have all been telling me different ways I can settle the account with the inclusion of we are looking at taking you to court.
I have been checking my credit reports each quarter but nothing to do with this account shows up anywhere.
Lol surprise says
I have sent a ‘prove it’ letter to Pastdue credit solutions and they have responded requesting personal information because of Data Protection requirements, including previous address and date of birth. How should I respond? It feels as though they are fishing for information.
Sara (Debt Camel) says
Have they said what the debt is? And do you think you may have owed this?
Lol surprise says
Yes they have, and I don’t think I do.
Sara (Debt Camel) says
Then just reply you have no knowledge of this debt and it is up to them to prove that it is your debt.
Leanne says
Hi Sarah,
Lowel have sent a letter stating I owe over £700. I genuinely do not believe this is my debt. I have contacted Lowel on several occasions via email. I have not sent a formal prove it letter but every email I have sent them since March 2018 states I do not believe the account and therefore the debt is mine. I have asked them each time to please can you provide information such as date account was opened, address when the account was opened, items purchased, address purchased items were delivered to. They have not provided any information. Then in May I received a pre legal assessment letter stating the account was unsettled and that I needed to contact them to pay. I emailed them asking why they sent this letter, again it is not my debt and to please answer my requests for information. They emailed me back asking if I previously lived at a address, no full address but just the first line. I have previously lived at a address with this first line, the only thing I can think of is that someone may have opened a account at that address after I moved out with my information. I just want them to provide me with information such as a full address and dates so that I can provide proof I did not live there. I am very wary in answering their question. Surely they should be providing me with the proof I have requesting and not be sending me pre legal assessment letters while I am disputing this?
Sara (Debt Camel) says
It sounds like a catalogue account? Have you ever used this catalogue?
Brian says
Hi,
I have received a debt letter from Cabot saying it represents Santander for approx £500. Clearscore tells me this has a default date of December 2013 (meaning it will drop off my credit file and be stature barred December 2019). Really concerned as I am not sure that this is actually a ‘debt’ I should have incurred or should pay, I do remember having a bank (not sure if it was Santander!) account a very long time ago – but do not think I actually used it, and if memory serves me an account fee was added, which caused an overlimit fee which caused interest and charges and further of the same. I cant 100% remember the particulars, but I may have contacted this bank stating the obvious unfairness of the charges and heard nothing until this Lowell letter.
If I send a prove it letter, will this reset the clock on the statute bar? also, if they are able to ‘prove’ the so called debt by providing statement of account etc., is there any recourse to challenging the amount due to it being interest and charges on interest and charges?
Advice or insight very very welcome, thanks!
Brian
Sara (Debt Camel) says
The Prove It! letter in the article above would not reset the clock because it does not acknowledge the debt. I suggest you take this a step at a time and send the letter, then decide what to do later if they can show you do owe the money.
Brian says
Thank for your help Sara :-)
Is there any information about challenging unfair charges ‘racking up’ debt from an organisation, which I thought was resolved, rather than any actual debt (i.e. a loan or CCard) which I would be happy to acknowledge and resolve.
Thanks,
Brian
Sara (Debt Camel) says
It will depend on why you thought the situation “was resolved” – this is to be argued on a case by case basis as to why it is unfair on you.
Jane says
Hi Sara,
Since February this year, my husband has started to receive letters from WageDay Advance, Satsuma and QuikQuid saying that he has loans with them that need repaying. He doesn’t have any loans. We have sent prove it letters to all three. We have also sent a letter of complaint to Satsuma as they have continued to send letters but have not proved the debt belongs to him. We have now had letters saying that WageDay Advance have instructed Moorcroft Debt Recovery and QuikQuid have instructed ARCEUROPE to recover the amounts. Along with the prove it letters (sent and received by recorded delivery), my husband has also phoned all three (WageDay Advance, Satsuma and QuikQuid) telling them that the debts are not his. What do we do? They have not proved that they are his but they keep sending letters. I dread the post arriving every day. In addition, he has now had a letter from Visa Vanquis saying that he has an unpaid credit card. He doesn’t have an account with them. On speaking to them, it seems that the account number doesn’t exist and that it will be sorted out at their end. Why is this happening? Do you have any advice about what we should do? It’s really starting to get us down.
Sara (Debt Camel) says
Either he has been consider with another person by mistake – the wrong address being linked to his name at a Credit Reference Agency say – or he has been the victim of identity theft. See the advice in this article: https://debtcamel.co.uk/debts-you-dont-recognise/.
Jane says
Thank you, we have followed your advice and sure enough, all of the payday loans and Visa Vanquis account appear on his credit reports. He emailed Experian last week, explaining all of the above, in the hope they might advise what to do next but we haven’t heard anything from them. The letters keep coming in the post, my husband continues to contact the companies but they take no notice. We have spoken to CAB but their main advice was that the companies had to prove the debt was his – we’ve already gone over this time and time again with the companies and they provide absolutely no evidence. Should we report this to Action Fraud? What do we do to get this sorted out? I am so worried.
Sara (Debt Camel) says
[edited]
This answer was really long, so I’ve turned it into an article: https://debtcamel.co.uk/loans-using-your-name-stop-identity-theft/
Jane says
Thank you so much for your detailed response. We have contacted Action Fraud and registered with Cifas. Letters of complaint have been written this evening to the three pay day loan companies and Visa Vanquis. Just one question, after completing the fraud report form online (Action Fraud), we got an Information Report Reference Number. I presume this is the number we quote on each of our complaint letters? We haven’t emailed them yet as we wanted to make sure we’ve got this correct as sometimes it is referred to as a ‘police crime reference number’.
Thankfully we don’t need to re-mortgage until 2021, by which time I hope this awful experience will be well and truly behind us. I just hope that the loan companies will actually take the letters seriously this time (another letter arrived in the post today).
Once again, thank you for guiding us through this.
Sara (Debt Camel) says
“we got an Information Report Reference Number. I presume this is the number we quote on each of our complaint letters? ” yes it is. Good luck – do come back and say how things go!
Jane says
Hi Sara,
So we sent the letters of complaint to the three pay day loan companies plus Vanquis Visa (both by email and recorded delivery). I was feeling positive as the post stopped arriving…until today. Another letter arrived from Moorcroft Debt Recovery, on behalf of Wage Day. They wrote to inform my husband that they would be making a visit to our house as no payment had been made. At this point, I lost all sense of calm. My husband phoned both Moorcroft and Wage Day – they were both hopelessly unhelpful. WageDay couldn’t even find the complaint letter sent to them and informed us that it takes 8 weeks for a letter to be uploaded to their system. My husband then basically went through his letter of complaint verbally, providing his crime reference number etc.
What puzzles us is that they both asked for his bank details – who he banks with and his account number and card number. He refused to give them any detail but did name his bank. Why would they need this information? Was he right to withhold it?
We are both at our wits end with this now. I’m afraid to be in my own house with the fear of somebody turning up to demand money for a loan that my husband doesn’t have.
Sara (Debt Camel) says
A debt collector has no right of entry – and they are probably just bluffing anyway.
If he had given them his bank account details, they would be able to see that they had transferred the money into a different account.
Lucas says
Hi there,
I have been chased by Lowell for a while for a mobile phone contract debt from a few years ago but less than 6. I have ignored them and now I received the County Court claim papers. Lowell have called me since this claim was issued and I didn’t pick up. When I called them to ask why they are still calling me the woman denied these calls (which stopped since, strangely enough) and said that the only way was for me and her to go through the admission form of which she had a copy in front of her. I wasn’t comfortable doing it with her so I said I’d seek an independent advice. Next day I acknowledged the claim with intention of defending it hoping they won’t be able to prove that I owe them money, won’t provide any of the information you mention in this article. I heard it was a good idea as I build my defence to send them a letter asking them to provide the relevant documents and also sending the same letter to their CEO adding that his representative tried to trick me into completing the form the way that worked for them. The clock is ticking, I know but would appreciate the advice. After researching for a few days I know there are ways to win and one of them is to confront them even at this stage and require proof and their right to take me to court for this debt. Any advice would be appreciated
Sara (Debt Camel) says
See https://debtcamel.co.uk/court-claim-form/ which covers what to do if you get a Claim Form.
lucas says
Would the stamp always have the town name in the circle? The claim I received is a photo copy and the “stamp” looks like the one in the picture you attached to the article but doesn’t have the word Northampton in it, just the county court….
Sara (Debt Camel) says
As that article suggests, call National Debtline on 0808 808 4000. They can help with this and with helping you to look at your options for defending this claim.
Stacy says
I continued on with my defence and a week before court they wrote knowing they full well didn’t av all the documentation as debts are bought on a long list for pennies a piece saying they wasn’t pursuing legal action and closing the case. Stick to your guns !
Rob says
Hi Sara,
I have received a letter from Lowell stating that I owe just over £700. The have attached a letter from E-on energy to say they had sold the debt to Lowell. There is an account number on there from E-on and a new one from Lowell. I don’t believe I owe this as I have never fallen into arrears. The only thing I can think of is that my ex partner had opened an account after I had left. I can’t even remember being with E-on. I haven’t lived at the address stated since September 2013, but as this has come about within the 6 years, I didn’t know whether they are trying their luck. Could it be that my ex hasn’t paid and so they are chasing me? The reason I ask is that she dodged paying council tax for a while after I moved out and the council ended up taking £300 out of my wages every month and told me there was nothing I could do.
PS, I am still writhing the 30 days since I received the letter from Lowell.
Many thanks
Rob
Sara (Debt Camel) says
Have you sent a prove it letter? You need to ask for a copy of the original bill showing the years it relates to, say that to the best of your knowledge there were no arrears when you lived in the house. You may need to provide some proof of where you moved to in September 2013.
Rob says
I haven’t sent one yet, can I email this or does it need to be through the post? I was actually homeless until May 2014, I stayed with a family member a couple of times over those months.
Sara (Debt Camel) says
You can email it. If you didn’t tell Eon you had left the property and you can’t prove that you did, this may be a difficult case for you. Did you change the address on your bank statements perhaps?
Rob says
I think I changed it straight away, although I can’t be too sure as it was a long time ago
Sara (Debt Camel) says
You could ask your bank when you changed it.
Rob says
Hi, Lowell have gotten back to me and asking for my date of birth for security. Do I need to give them this?
Sara (Debt Camel) says
yes.
Mark says
Hey,
I had a phone line with EE and I asked them to cancel it as they did not at the time provide any tariffs for America and I was going to work on cruise ships.
I was out of the country for 2 years and I returned last year. This year a letter arrives out of the blue saying that there is a CCJ against my name.
I am going to send a prove it letter but what else can I do?
Sara (Debt Camel) says
A Prove It! letter is useless if there is already a CCJ.
First you need to check that there is a CCJ, look on Trust Online https://www.trustonline.org.uk/search-yourself . If you have moved, first look under your old address as that is more likely.
Assuming there is, you need to look at how to get the CCJ “set aside”, see https://debtcamel.co.uk/help-ccj/ and talk to National Debtline on 0808 808 4000 about this. Unfortunately there is a fee to pay unless you are on a low income.
Then you will need to put in a complaint to EE. This is going to be easier if you told them to cancel your account in writing, or if on the phone you have the date and details of who you spoke to and whether they agreed to do this.
Amy says
Hi, I recently checked my credit report and found that a company had issued me with a CCJ for a debt that I have never heard of. I have not received any paperwork, court papers, debt letters or anything to do with this debt yet it has appeared on my credit file! I contacted the court who said I can pay to set it aside but since then, I’ve received a letter from a debt agency claiming they now own this debt and I need to pay them! Can they do this (issue a CCJ but then chase me using a different company)? Also if I send them a ‘Prove it’ letter and they have no proof, can I then get them to remove the CCJ or will I still have to pay to have it set aside?
Sara (Debt Camel) says
A Prove It letter won’t work at this point, you need to apply to set this aside. If you are on a low income you may be able to get help with the fees. Phone National Debtline on 0808 808 4000 and they will explain what you need to do.
Amy says
Thanks for the reply! Are they able to still send letters from another debt collection agency for the same debt even though there is now a CCJ for this?
Elizabeth says
Hi Sara
I have 2 very old debts with IDEM (which you previously helped me with – thank you). I haven’t paid anything towards since January 2017. I did successfully eventually manage to get them off my credit reference files. I wrote to them about 6 months ago requesting a copy of the CCA agreement. They wrote back saying they can’t find it, but that they will continue to recover the debt anyhow, blah, blah. All they have done is send a statement once a month for 1 of the accounts (never anything about the other one).
I have recently received a letter from Wescot who claim to be collecting on IDEM’s behalf. Do I respond to Wescot and tell them that IDEM can’t find the CCA and copy them the letter, and until they do, please leave me alone, or do I just ignore Wescot’s letters altogether please? Thank you.
Sara (Debt Camel) says
Well done for getting them off your credit record – how did you get them to do this in the end?
Just tell Westcoy you will not be paying anything to the debt until the CCA agreement, which you asked for in 20xx has been produced.
Elizabeth says
It was a very long long slow process with IDEM, 2 years all in. I went via FOS who unfortunately didnt rule in my favour re Defaults (I think this appears to be rare on old debts if your still paying) but they had to backdate a Default Date to 2013 if I stopped paying again, which obviously I did! The backdate never came either, so I sat back for another couple of months (whilst at the same time pestering FOS) , all the while watching my CRF. Indeed, they made an absolute Monumental Muck up of my files, putting DMP’s back on an all sorts (!) which never existed. I then subsequently sent them the mother of all letters, stating I had spoken to FCA, FOS again and threatened them with all these and the UTCCR and that I had to report back to FCA within 14 days. I copied all their eronous errors from my CRF’s with the letter, wrote on them in thick black markers and highlighted the lot, the letter was huge! After 2 years, they finally, to my shock wrote back stating they could now see what had happened and apologised, removing both accounts from my CRF’s ( I truly could not believe it and it brought such relief after 2 long years or mass correspondence). These accounts were from 2009 MBNA. Persistence, timing and relentlessness were the key! Wescot are definately on a fishing expedition, I received another letter this week! Shall I send them a copy of IDEMS letter from 2017 to me saying they cant find the CCA ?
Sara (Debt Camel) says
Good idea to send Westcot a copy of IDEM’s 2017 letter saying they can’t find the CCA. Say the debt is unenforceable until they do find it and you will not be settling it until they do.
Alan says
Hi there,
Thank you for this valuable advise. It’s rather helpful.
I’ve had a debt on my EDF energy account and we agreed a prepaid meter to be installed to clear the debt. Each time we topped up the agreed amount was deducted from the meter for the debt. We’ve cleared the debt this way until the meter shown no debt. We even called the EDF to confirm if the debt has been cleared. Most of the time top ups were paid by cash and sometime by debit card. This was about 3 years ago. But now Lowell chasing us for that debt by claiming it’s unpaid. At first the person from Lowell called me asked my name and I confirm that is me. Then she gave the address that the debt belongs to. She said firs I have an unpaid debt belongs to address number 4, xxxx St. I said I haven’t lived in number 4, I lived in number 6. Then she claimed that she said number 6. Now they expecting me to prove the payment details of the debt. How can I prove the debt was cleared using prepaid meter? Any idea?
Kind regards
Alan
Sara (Debt Camel) says
Are you still with EDF?
Alan says
Thank you Sara for replying. No I am not. This so-called debt for the period of 2011-2013. We accepted to pay via prepaid meter in 2012. We moved from that property in 2013 but didn’t changed our energy supplier to clear all debt. After debt has been cleared we continued to use prepaid meter as we liked the idea of not dealing with bills. 3 years ago we moved out from that property too and we changed our supplier this time. I do remember the person from EDF I spoken over the phone said all cleared. I’ve even received £10.00 top up voucher gift which I forgot to claim. 3 years have passed, and now I’ve received a letter from Lowell claiming that we still owe the debt. They can’t prove our payments they say and asking us to prove. So no idea how to prove the deductions made from our prepaid meter on each time we topped up as our edf account is inaccessible. Another thing when we closing our account the person said all clear.
Kind regards
Sara (Debt Camel) says
OK, well I suggest you put in a formal written complaint to Lowell saying all this, with as many dates and details as you can remember.
In addition, I suggest you send Lowell (support@lowellgroup.co.uk) and EDF ( dpo@edfenergy.com ) a Subject Acces Request asking for all the personal information they have about you. Put COMPLAINT – REQUEST FOR PERSONAL INFORMATION (SAR) as the email title. For EDF make sure you giev all your relevant addresses so they can trace all your details.
Also check your credit records with all three credit reference agencies, see https://debtcamel.co.uk/best-way-to-check-credit-score/.
This is a bit like a jigsaw. you don’t know where you will find information that will help support your case, so ask for everything!
Hayley Byrne says
Hi I have a an old debt with a catalogue company, the debt has been sold to Lowells and until recently I was making regular payments to Lowells. I recently queried the outstanding balance after reading some posts on here regarding these companies making mistakes as the outstanding balance does appear quite high. They have not been able to provide me with any information with regards to the debt and have come back to me stating that because of the age of the account the original credit agreement is no longer available. I’m not disputing that I had an account with the catalogue company but I am disputing the amount that they say I owe however they cant even provide me with a statement going back that far detailing what the goods were I bought so that I can reconcile it myself. What should I do?
Sara (Debt Camel) says
I have good news – if the debt collector cannot produce the CCA agreement, then the debt is unenforceable in court and you can stop paying! See the “What if I do not get what I asked for?” section in https://www.nationaldebtline.org/EW/factsheets/Pages/getting-information/credit-agreement-advice.aspx.
Is this debt still showing on your credit record? If so, what is the default date on the debt?
Hayley Byrne says
Hi Sara
Thank you so much for that, the debt has long since disappeared off my credit file. So I have the letter from Lowell saying they cannot produce the original CCA but that they still say they consider I owe the money. should I just ignore this or should I write to them advising that I do not intend to pay as I don’t agree with the outstanding balance?
Thank you so much for all your help
Sara (Debt Camel) says
I suggest you do reply saying that yo dispute the balance and you will not be making any repayments until they can produce the agreement and a complete statement of account.
Hayley Byrne says
Hi Sara I wrote to Lowell’s saying I disputed the balance, they have advised that because I have paid approximately £500 to them already I have admitted liability for the debt, are they correct? As I say I’m not disputing that I had a debt with the catalogue company but I am disputing the amount they say is remaining.
Are they just bluffing and should I stick to my guns with not paying anymore until they can prove the balance?
Thank you so much
Hayley
Sara (Debt Camel) says
“I have admitted liability for the debt”
well yes and no. Making payments means you agree that there is a debt (as you point out) and this would stop a debt becoming statute barred but that isn’t an issue here, that is a red herring. It does NOT mean that the debt is enforceable in court OR that you agree with the amount.
I think you should speak to National Debtline on 0808 808 4000 about this – I expect them to confirm what I have said, that unless Lowell can produce the CCA agreement the debt is unenforceable in court. And unless they can produce a statement of account, it is also unreasonable to ask you to keep paying – how would you know when the whole debt had been repaid if Lowell cannot explain the current alleged balance?
With National Debtline having confirmed this to you, you can go back to Lowell and confidently tell them that you have spoken to ND who say the debt is not enforceable and you will not be making any more payments until they find the documents.
Emma Louise says
Hi Sara,
I received a letter from Lowell on the 29th October this year stating I owed £1000 for an o2 bill. I don’t believe this debt is mine. They have however gone ahead and filed a ccj on me. I’ve emailed them several times asking for a prove it letter… as the only thing I can think of is my ex had a phone with o2 8 years ago. Which was in joint account. They email me back with no proof but telling me i need to pass dpa. Which I have passed?! They haven’t responded in over a week to me with regards to this? Can you please advise?
Thanks
Emma
Sara (Debt Camel) says
Have a look at your credit record and see if there is a CCJ on there.
Emma says
I’ve checked there’s an outstanding ccj with Lowell
Sara (Debt Camel) says
ok, in this situation a Prove It letter normally doesn’t work well. I suggest you talk to National Debtline on 0808 808 4000 about what your options are – these could include “setting aside” the CCJ, but that normally means the CCJ case is restarted, so you only want to do this if you have a defence to it.
Emma says
What will that mean?
Thanks
Sara (Debt Camel) says
You have different options. You could make an arrangement to pay the CCJ. If you have a lot of other debts, what you do may depend on those as well. You could try to get the CCJ cancelled (“set aside”) because you never got the court papers, but then you normally just get sent new court papers so unless you have a defence to the court case (eg the amount is wrong or you have paid it, or it was never your debt) there is no point in doing this. A joint mobile account sounds unusual. National Debtline can talk through all your options, I can’t, please phone them!
Emma says
That’s great thanks.. it was joint as it was through a staff account. I don’t have any other debts so i’l contact them now
Thanks for your help
Emma says
Hi Sara,
Lowell have sent me a letter of proof. 🙂 it says the last time a payment was made was April 2012 to the original creditors. And the account defaulted in November 2012. Wouldn’t this be classed as a status barred?
Thank you
Sara (Debt Camel) says
Once there is a CCJ a debt never becomes statute barred :(
Emma says
But surely it was status barred? Before the ccj?
I’ve checked and no payments where made from me in April 2012?
Sara (Debt Camel) says
If it was a joint account, any payments from your ex may have prevented it becoming statute barred. But if you think it was statute barred, then as I said you can apply to get it set aside and then use being statute barred as a defence. Talk to National Debtline.
Emma says
Ok brill thanks Sara i’l let you know the outcome! X
Kris says
Just to say thank you for this page.
Two years after I settled a claim by EE, I started receiving letters from Lowells, that they have bought the (already settled) debt from EE. After ignoring the letters for a few months, they finally threaten me with legal action. So I sent them the letter which I found on your website. They then came back that they will request further documents from EE. After another month, Lowells sent me a letter that the case is closed and they apologize for the inconvenience.