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.
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 on it 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;
- 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 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
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. Unless of course this incorrect debt is showing on your credit records – in that case you need to write to the debt collector again, 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.
If no evidence is forthcoming but letters demanding payment continue to arrive, then you should write a second letter with COMPLAINT in capital letters at the top.
COMPLAINT
On dd/mm/yy I ask you to prove my 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 Financial Ombudsman.
[Please also delete the incorrect entries from my credit records.]
Your name
If they ignore this second letter, then I suggest you go to your local Citizens Advice Bureau or phone National Debtline and ask for help in putting in a complaint to the Financial Ombudsman.
Can you get a payday loan refund?
Is your debt statute barred?
Misleading & aggressive debt collection
Marica says
‘where the debt has been sold, copies of letters from original creditor stating that, plus letters from current creditors….’
Does a creditor, legally need to advise who sold debt to? If yes, does it mean that a debt collector is acting illegally in demanding payment if this letter wasnt recieved? Only received a letter from debt collector stating recently purchased your outstanding balance from xxxxx. Is it hearsay if no confirmation letter from creditor?
Sara Williams says
Hi Marica, Yes the original creditors should advise and you can ask them to do this. No, the debt collector isn’t acting illegally to contact you about the debt but if they take you to court you can defend the case if you haven’t had the notification from the original creditor (see https://debtcamel.co.uk/court-claim-form/). But this is usually only a delaying tactic, the debt isn’t going to go away and you need to work out a plan for dealing with it and any other debts that you have.
Joe Easedale says
Some clarity on the list. Not every document on it will exist in the case of every debt. The point of it, is so that a possible Debtor can see if they have been sent a sufficient chain of documents to prove to a “reasonable man”, that the debt is yours. If for example you have not received a letter from the original creditor re the sale of the debt, that does not mean it was not sent. If you doubt the veracity of the “new” Creditor, then you could contact the original creditor yourself and check it out. All they would need to do in Court is to state that they sent such a letter. Your receipt does not need to be proved.
The point of this whole exercise is not to tick boxes, but to show you and that “reasonable man”, that a judge so often refers to, that it is a genuine debt of yours. The “reasonable man” doctrine predates sexual equality, so I guess its overdue for a rename.
Its all about fairness, not specific procedures. If you genuinely have no memory of the debt and the creditor cannot prove it to your satisfaction then it will need a judge to decide, on the balance of probabilities whether you owe the money, how much money, and to whom, so only go there if that is the situation, because such a case will end up with a County Court Judgement or a dismissal of the case. If you do owe the money, getting a reasonable deal on time and amount to pay will be time better spent.
Marica says
Thanks Sara and Joe for your replies – very useful x 2
Joe Easedale says
Just by way of further clarity, regarding a drawdown certificate. Whilst one MIGHT be sent to a borrower, after a large and lengthy loan application, such would be a fairly simple document. A much more detailed one MIGHT exist that is not normally sent out to the borrower, but is used for internal control purposes by the lender. Where a case requires a higher level of authorisation than the lending officer dealing with can authorise alone, or the offer to lend is conditional on some happenstance or the perfecting of some security, then a round robin internal document called a drawdown certificate, or perhaps a loan control sheet, will detail the borrower, address, purpose of loan, repayment terms – amount of repayment and length and reference to either fixed rates or how they vary and in relation to what – typically, base rate or Libor. Signoff of the perfecting of any security, and the authorising signature of a lending officer who has a sufficient discretion to agree to the loan. Finally, the permission to drawdown by an officer able to sanction that. All would be dated of course, and where there is a genuine failure to recognise an old debt by a borrower, the detail within a drawdown certificate can be very helpful to either show or fail to show a valid link between a lender and borrower. Indeed, I have known cases where comparison to the drawdown certificate with the provable history of the suspected borrower, has served to show that identity theft has clearly occurred, and that the person being pursued for the debt is clearly innocent of it, or, that the lender has indeed found the true debtor. Showing where identity theft has happened is really important for the real person, and helps a lot in getting their credit history cleared up. A letter from a lender to “whom it may concern” to the effect that they were satisfied that identity theft happened on such and such a date can be very useful.
caroline says
I used a recent internet template longer than the above and the response has come back saying ‘your internet based template has no foundation or relevance to this account or the amount you owe. Is this correct?
Sara (Debt Camel) says
Hi Caroline – I can’t really comment on some other letter you used! I think you should discuss this reply and the detail of the alleged debt with National Debtline on 0808 808 4000. They will be able to suggest what you should do next.
Steve R says
I have had 3 debt collectors over past 3 years asking for me to pay a debt ( hundreds of pounds) I don’t owe the money. I’ve asked all 3 to prove it. The first 2 gave up. I am in contact with the third and they can’t. I’ve spoken to the bank and they say it’s mine. But again they will not prove it. Nobody seems to have a statement or credit agreement. Yet I am still getting demands for money. End of my tether now
Sara (Debt Camel) says
Hi Steve, So the bank owns the debts and the debt collectors are just acting on behalf of the bank? If this is correct, I suggest you put in a formal written complaint to the bank and ask them to stop harassing you for a debt that isn’t yours. Say you intend to go to the Financial Ombudsman if they do not agree.
steve says
Hi thanks for reply. I am sorry for not being clear. The last creditor say they have bought the debt. But won’t or can’t provide proof of purchase nor credit agreement. Can I still write to the bank to complain?
Sara (Debt Camel) says
In that case you can complain to the bank that you twice asked its debt collectors to prove that you owed the debt and they couldn’t, so why did the bank then sell on the debt? But also write to the current creditor and complain.
steve says
I thank you for your reply. You have been a great help. I will complain to the bank. The first 2 debt collectors stated they requested an agreement. I even have a freud no. which I sent to the debt collectors. I have never recieved anything in writing from the bank. They refused verbally. So i’m going send them a letter of complaint. Thanks for help
Phil H says
Bill of rights act states once a debt is paid its paid so how do i owe any money to debt collection cause they paid my debt off when they brought it off whoever they brought it off correct me if im wrong but thats how i see it in law
Sara (Debt Camel) says
You are wrong. Your debt to the original lender is paid, but you now owe the same money to the debt collector that bought your debt. See https://debtcamel.co.uk/sold-to-dca/ for more details.
steve says
Hi thanks for advice. As I know nothing about this debt. I am going to send “prove it ” then letters to complaint dept of bank and debt collector
Nancy says
I had debts back in 2010-2012 and had paid them all off with DCA etc. Now Lowell are saying that I owe them almost £2500 from a credit card I had with a creditor. I believe that this was paid off in 2010-2012, however I did not keep the receipt that was given to me (didn’t think I would need to!). I asked Lowell to prove this debt and give me the date of the last payment made to the creditor. They have sent me a credit agreement which I signed with the creditor, but nothing further. They stated that the last payment to the creditor was made in June 2012, but could not tell me how much for or provide any proof of this. In a further letter, they stated that they did not have the date of the last payment made! I am confused and have contacted the CAB, a debt helpline and even a solicitor and no one seems willing to help! :-(
Sara (Debt Camel) says
hi Nancy, I suggest you write them a letter stating that that debt has been paid off. say if they dispute this they need to provide you with a statement on the account showing all credits and debits. If they manage to do this, you may be able to check that it is correct by getting your old bank statements from the period?
Nancy says
Hi Sara, Thank you for this. I have been with several banks since and do not have access to statements which would cover that period (unfortunately). I will send the letter you mention and hope for the best!
Thanks again.
Bob says
Hi, a holiday transfer company are requesting that I owe them €300 that was to be paid in cash on arrival. As far as I’m aware this was paid on arrival but they are now stating that the money is still owed & requesting the money is to be paid through a PayPal account. If they cannot prove the money was not paid on arrival can they take this any further?
Sara (Debt Camel) says
Hi Bob, Where there is a disputed debt, if this ends up in court, the judge will look at the “balance of probabilities”. You said “as far as you know” – that seems rather vague. You will need to explain who you think paid this money and who did they give it to? That is what the court will be interested in. If you want to know more about this, it would be a good idea to go to your local Citizens Advice and tell them what happened. They will be able to advise you what to do next.
Phil C says
Hi, I have for 7 years now been paying a debt to CDCS Barclays, however I have just realised that I have never had an annual statement, or schedule of payments received etc etc. Do they need to provide this at all? I have stopped one of the payments now for 3 months ( the smaller one – £100/ month ) and have not heard anything. The debt was from my Barclay’s overdraft that went wrong during my divorce!
SO, my question is have they broken their terms and conditions by not providing annual statements – and have they just lost me in the “system” as I have not been “pulled” up for missing the last 3 months payments?
Sara (Debt Camel) says
Hi Phil, I am not sure you would have been making two payments a month to one debt, that may have been what has confused their system? But I can’t give advice on individual debts and overdrafts are often complicated sorts of debts to deal with, so I suggest you call National Debtline on 0808 808 4000 to discuss your specific situation.
Joe Easedale says
It sounds like you went into default with the overdraft. If so, you destroyed all the terms and conditions by doing so. All you need to do is to phone them and ask for an up to date statement.
I suggest that you try that before cancelling payments or make a fuss.
kirsty says
My husband has received a letter of claim for an old debt which is at least 6 years old and has never been paid.they have stated he has to pay within 14 days or they will issue court proceedings,which if unpaid may result in a ccj.please advise
Sara (Debt Camel) says
Hi Kirsty, the debt may be statute barred – see https://debtcamel.co.uk/statute-barred-debt/. This is a complicated area and I strongly suggest that he contacts National Debtline https://www.nationaldebtline.org/ to discuss how to respond to the letter he has received. He should not just ignore the letter.
Anon says
Hey
If someone is claiming that I owe them money when we had no prior contract or agreement, (we weren’t even told we would be charged) what proof do they need to take it further? As I said, I never signed or agreed to pay the amount they claim I owe, so I’m just wondering what classes as proof. Does it have to be something signed by both parties?
Thanks.
Sara (Debt Camel) says
Hi, a contract doesn’t have to be in writing to be enforceable. I suggest you go to your local Citizens Advice Bureau who will be able to help you with this.
Jenny says
Hello,
Please may I ask about the HMRC. I received a letter from a debt collection agency stating I owe £1700 from HMRC. My name is incorrect in the letter and they have mentioned 1 address I lived at 3 years ago and contacted me through another address I lived at 13 years ago. I’m a bit confused as to how the HMRC have failed to contact me, my job has been the same for 4 years, my addresses are updated every time I move and I pay tax which is calculated every year and I check annually online in hope of a rebate (ever the optimist).
How is it possible for the HMRC to not be able to contact me? Is there anything specific (HMRC related) I should be asking for proof? Should they have to verify NI number and place of work? Also, if it does turn out I owe tax, can I pay HMRC direct? The money should go to tax (where it’s required) not debt collectors.
Thank you,
Sara (Debt Camel) says
Hi Jenny, Are you sure this is income tax and not a tax credits overpayment? I suggest you phone HMRC and ask what tax year(s) the debt relates to and how it has arisen. Ask for a statement for that tax year showing what was paid and how the tax calculations were made.
Jenny says
Hi Sara,
Thank you for your reply; am I allowed to contact HMRC regarding this? The letters are coming from a debt collectors agency called Advantis. I have checked the HMRC website and this appears to be a legitimate agency they use.
Thank you!
Sara (Debt Camel) says
yes, if you want to know more about the alleged debt you need to talk to HMRC
Nige says
I have been writing backwards and forwards to a mob called Pastdue (original name eh?) They are chasing me for a mystical debt from British Gas from my last address. In my last letter to them I asked for an invoice to prove the debt, if they could then I would pay up. However no proof of invoice then I would take them to Court for harassment – or better still name and shame them on BBC’s Watchdog. Still waiting for a reply.
Sara (Debt Camel) says
Hi Nige, hopefully they won’t bother you any more unless they can produce an invoice or something that proves that you do owe the money. If they continue to contact you about paying this without showing you proof, I suggest that your first step should be to put in a formal written complaint to them here http://www.pastduecredit.co.uk/complaints.htm. Then if that doesn’t resolve the problem also complain to the CSA as Pastdue are one of their members (http://www.csa-uk.com/assets/documents/forms/csa_complaint_form.pdf from what you have said they could be in breach of 1 (u) and (v) from the CSA Code of Practice)
Penny says
I’m very grateful for the information on this site , I .have very similar prob. to the above . It is so difficult to get clarity on these matters inc. CAB , Many thanks.
danielle says
where do I start!
Right I received a notice of issue of warrant of control I’m guessing from the court, the creditor is Lowell.
Not knowing what this is I rang the court and they told me to ring Lowell, they said its a debt to Halifax which I have no recollection/honestly cant remember!
I did this and I have asked them to prove it, I did this on the 25th November, whilst doing this the court suggest I ring the bailiff so I got his number, a mobile one?, and explained to him the situation, he understood, to an extent.
I rang him today to say I was still waiting for conformation and asked him to put it on hold so I don’t receive any nasty surprises, to which he said I should ring Lowell and get them to tell him that! I rang them again and they said they cant do that because it has been to long and I have to prove its not my debt! How am I supposed to do that? Also I have checked my credit file and there is a ccj been put against my name last year and a default with Lowell from june 2010 which I have only just found out about!
Please someone help
Sara (Debt Camel) says
Hi Danielle, I suggest you talk to National Debtline on 0808 808 4000 about this CCJ and what your options are – it may be possible to have it “set aside”, see https://debtcamel.co.uk/help-ccj/
lou watkins says
Hi I have recently received a letter from a debt collection agency about a loan I had when I was 17, I am now 29 and haven’t had any contact or made a payment in over 10 years, I emailed them stating that the debt was now statute barred and have asked for proof of any payments or contact I have had with them in the last six years, they wrote back saying they don’t understand and that I still have t pay it. What happens now?
Sara (Debt Camel) says
Hi Lou, are you 100% sure you haven’t made a payment for 10 years? If yes, only reason a debt that old would not be statute barred is if there is already a CCJ for it – I’ve written more about statute barred debts here: https://debtcamel.co.uk/statute-barred-debt/. I suggest phoning them and saying again that you haven’t made any payments for 10 years, that the debt is statute barred and therefore they can’t get a CCJ and that you don’t intend to make any payments to it. If the person on the phone says they don’t understand, ask to speak to a manager.
By the way it is probably this debt could never have been enforced if you took it out when you were under 18! But it’s simpler at the moment to stick to the ” go away, it’s statute barred” line.
Julie says
Not sure if this is the right site to post this, I’m acting as an executor, one of the debts is to a debt agency that appears to of bought an old debt from over 16 years ago. The deceased was paying £5 per week for the past 6 years, I have a recent letter from the debt agency (Connaught) stating that over £10,000 is still owed, 90% of the total estate, my question is, apart from this recent letter from the debt agency & the £5 showing on the bank statements, I have no proof that this debt is owed or how it can be still over £10,000, am I right in thinking the debt will not have to be paid unless they can provide signed agreement from when the original credit was taken out? Any guidance would be appreciated
Sara (Debt Camel) says
Hi Julie, I think as an executor you have to be satisfied the debt is owed (you could ask to see a full statement of account to check the amount of the debt) and that it is enforceable. I can’t give you legal advice on this particular debt, if you speak to National Debtline they will be able to discuss with you what documentation to ask for.
Julie says
Thank you, I will call them for advice.
Jill says
Hoping you can help? I received a letter from Transcom debt collectors this week with a debt of £500+ for a debt owing to eBay. This letter has been sent to my old house in my maiden name, I moved out and married in 2009. Anyway the debt doesn’t belong to me, I’ve even checked me eBay account and its fine. I’ve never been in debt before. I also paid for a credit rating from Experian and that has come back as good. (no sign of any major debt) I have written to Transcom for proof of debt and will post it first thing tomorrow via registered post. But I’m absolutely petrified that I’ll get hounded for a debt that’s not mine or that someone has stolen my ID (maiden name) and I wont be able to prove it?? What should I do?
Sara (Debt Camel) says
Hi Jill, if you have sent the letter in this article, that’s the right thing to do. And it’s the only thing you can do at this stage. What happens next will depend on what reply you get!
I know this is easy for me to say because it’s not me that is being accused, but I think that on the anxiety scale of “odd – concerning – worrying – very worrying – petrifying” this is probably at “concerning” at the moment. There is nothing on your credit file to suggest that someone is currently trying to use your id. At the moment is sounds like one old debt that has been incorrectly matched to you.
jill says
Aww thanks Sara, I’ve sent my prove it letter (very similar to the one on here) this morning recorded delivery it cost me £6.45. I’ll post again when I get a reply, I’m sure i will! Merry Christmas and thanks again.
Cate says
Hi, I recently received a letter from a debt collector saying I owe them a huge amount from 2007…. yet I’ve never been approved for a loan that large… I intend to write them a prove it letter including the Liability Act…. but what do I do if they come back with something else?
Sara (Debt Camel) says
Hi Cate, if you don’t think this debt is anything to do with you, then I would just write the very simple letter in this article. Don’t bother trying to quote the Limitations Act – the letter here doesn’t acknowledge the debt so it won’t reset the statute barred clock.
If they come back with sufficient details for you to realise that this is your debt, at that point you can ask for a statement of the account which will show when the last payment was made to it so you can see if it is statute barred (see link in article for more details).
If it is your debt but it isn’t statute barred then you should think about whether you could make a full & final settlement offer (see https://debtcamel.co.uk/debt-options/less-common/full-final/) or make an offer of monthly payments.
If it’s not your debt, then reply explaining why. Often this is easy – point out the date of birth is wrong or you have ever lived at that address etc.
Mistaken identity, where the debt collector has wrongly matched someone else’s debt to you is much more likely than identity theft, but if you are worried about identity theft read https://debtcamel.co.uk/name-fraud-database/.
Ronnie N says
I have been chased by Welcome Finance for a loan from 2006,
the loan is for £6579 I have never taken a loan out that large with them however I did have a loan from 2004 for £1450 I have contested this with them as I have did not take out that loan with them from 2006.
I have asked them to provide everything they have on file for myself and they have produced my paper work from the first loan and then subsequently the loan agreements for the next two that I am accused of taking out with them, the one for the £6579 doesn’t have my signature on this loan agreement but they are adamant that I have taken this loan with them. I have asked them for either the Banking number where the cheques where cashed so I can trace them back, however they cant provide me with this information as they have said it is to far back, however they can provide the details of the loan from 2004 which I did have with them and this is even further back, they are taking me to court over this mater as I have refused to admit fault is this loan enforceable if they cant prove I have had the money??
any help with this would be very much appreciated.
Sara (Debt Camel) says
Hi Ronnie, you have two possible defences: first that you never took out this loan and second that it is “statute barred” as you have not made any payments to it for six years. See https://debtcamel.co.uk/statute-barred-debt/ for more about statute barred debt – one of the reasons this defence exists is because people don’t keep paperwork for very long periods of time so debts have to be pursued within 6 years. I suggest you phone National Debtline and talk to them about your case and how you should complete the court forms.
Kaz600 says
Hi, i have received 3 letters from Lowell’s debt collectors demanding payment for £189, apparently this links to a contract phone I had with Vodafone 4 years ago. To cut a long story short, following 4hrs of phone calls and live internet chats with Vodafone, they finally acknowledged that they have now cleared the account and that it was a mistake on their part. I emailed Lowell’s the transcript for the live chat to prove the debt was not valid along with a covering email telling them to effectively now back off and ensure they confirm this information with Vodafone. Since then I have received 2 more letter from Lowell with no acknowledgement of previous communication and increasingly threatening wording. Not sure what else to do! At my wits end with this.
Sara (Debt Camel) says
hi Kaz, I suggest you put in a formal complaint to Lowells.
You are complaining first that you are being chased for a debt you do not owe when you have shown them proof and secondly that they have failed to acknowledge your previous email about this. Say you intend to complain to the financial Ombudsman unless they confirm that they will not pursue you any more AND that they will not sell this alleged debt on to another debt collector,
David says
The original bill i’m being told I still owe, had two on names on the account and the bill address. Yet they’re only chasing me for the full amount. Can they do this?
Sara (Debt Camel) says
It is very likely that they can do this, see this article for information about joint debts: https://debtcamel.co.uk/joint-debt/
David says
Thanks Sara,
The section says:
Electricity & gas bills:- The person named on the bill is responsible for paying it. If more than one person is named on the bill, they are jointly liable.
So doesn’t this mean I’m not solely responsible for paying this debt? And they shouldn’t be chasing just me?
Sara (Debt Camel) says
No, it is shorthand for “jointly and severally liable”, so the company can choose to go after any of you for the whole amount.
Julie says
Dear Sara and Debt Camel,
you have a wonderful site and thank you for the info you have generously shared.
My question is the following:
I have just recently got a copy of my credit file and I see a single post of a defaulted assumed debt with Hoist Portfolio 2 (presume debt collector agency) as the holder. The debt on the file is though registered at the very old address where I have not been for 3 years or more.
Can they issue County Court letter and take me to court with that address? (meaning that I would never receive the letter and thus automatically get issued with a CCJ for not appearing to contest …….. as I would have no way of knowing if they take me to court???)
Thank you
Julie
Sara (Debt Camel) says
Ys, the creditor may get a CCJ using your old address. You can apply for it to be set aside IF you have a defence with a reasonable chance of success, this set aside application will cost £255.
David says
I sent the “prove it” letter (copy supplied on your site) to the debt collection agency for an energy “debt” I don’t owe.
However I have just received another letter (nothing else) from the same collection agency which does NOT supply me with any of the proof asked for. Instead it asks me to supply information about myself. Seems they are ignoring my prosecution for harassment threat. They also are referring to “my client”. There is no “client”, is this just some kind of play by them?
I would be very grateful if you can advise me how I should respond?
Letter below:
Dear Sir,
I write in response to your recent contact. I would be obliged if you could have your client confirm the following:
– That you owned or occupied: (The address is written here)…
– The date you entered and left the property.
– Please confirm your Date of Birth.
This information is required to adhere to compliance of the date protection act 1998
Please contact us on (their phone number is written here)…
Signed
(Name)
Customer Service Administrator
Sara (Debt Camel) says
Hi David – sending you a polite letter doesn’t count as harassing you! I suggest you reply with the details they are asking for as they will probably enable them to realise the debt isn’t yours.
The “my client” is probably because a lot of these “prove it!” letters are written by people such as citizens Advice on behalf of their clients. So they have a standard template letter and forgot to take them out.
David says
Thanks for your reply.
I don’t quite understand though, as the “prove it” letter is quite clear on putting the onus on them. It does say “harassment”. And they have failed to “prove it”. I don’t understand the point of the letter if it can be ignored?
Sara (Debt Camel) says
“Collection activity” means things like home visits, starting court action, enforcing existing judgments through bailiffs or attachment of earnings orders. Not writing one letter.
You have asked them to send stuff. They are now wondering if they have the right person. If you supply what they have asked for they may realise you are not the right person and go away. If having seen what you send they still think you are the right person, they will then send you the proof.
They aren’t ignoring the letter, they are responding in a sensible way.
jeannette says
i took a lone out in 2008 but got sent to prison thus resulting in losing my business home and all possessions the bank sold the debt and they are now pursuing me for the money and some can you advise please
Sara (Debt Camel) says
Hi Jeanette – it seems likely that this old debt is now statute barred, see https://debtcamel.co.uk/statute-barred-debt/.
I suggest you talk to National Debtline 0808 808 4000 who will be able to look at this and any other debts you have and talk about what your options are.
Rebecca says
Hiya am after some help
I received a letter from lowell group
This balance relates to a loan obtained with Provident on the 12th December 2008 which defaulted on the 22nd August 2011.
I asked for prove of this as I have never took out a provident loan they replied to say they will look into this and it can take 60 day or longer.
Its now been 60 days and I have herd nothing.
How long do I give them? And what do I do if they don’t reply?
Sara (Debt Camel) says
No news is good news here … I suggest you wait another month and then send them another letter asking them to confimr that they have determined this loan is not yours.
Rebecca says
Hiya
Another question do they have a time period they have to prove it to me by before i can contact again asking them to remove it from my credit report which like I say it’s not my debt as I have never had a loan!
Sara (Debt Camel) says
No set time, but if it’s causing you problems, ask them now.
Dharma says
Hi
Sent prove it letter to Lowell inc the postal order. (Recorded) they replied saying That it seems I’ve sent letter to old address. Pls write to XXX po box if I was sending a cheque etc…
I can’t send recorded delivery to aPObox so what do I do
Sara (Debt Camel) says
I suggest you send it to the address they have given you and also email the letter to support@lowellgroup.co.uk
Dharma says
Thanks. How about the fact that they have kept the postal order?
Sara (Debt Camel) says
Put that in your email – they obviously have it or they couldn’t have written to you!
charitynjw says
Dharma
Some unscrupulous companies will use the £1 to credit your account, thus unfairly ‘resetting’ the statute-barred clock. (Limitation Act 1980 – 6 years if no personal payment or express (written) acknowledgement of the alleged debt).
Rebecca says
Hiya I have received a letter for lowell today saying
Our findings
The account was sold to bcw group prior to sold to lowell.
The amount was and the agreement number
All customers are still to make repayments
Unfortunately due to the the time that has passes there statements and agreements for this account no longer aviable.
No queries were raised while the account was with bcw
…..
What do I do now they have no profe it was me and I have never had a loan with Provident were do I stand now as they are still demanding payment?
Sara (Debt Camel) says
The FCA (Lowell’s regulator) 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.”
You could write back to them and repeat you have never had a Provident account, this is not your debt, they have no evidence that it is and you want them to delete it from your credit records, saying that you will be taking the case to the Financial Ombudsman if they do not do this.
You should also contact Experian, Equifax and CallCredit and tell them the debt is disputed because you have never had a Provident account and Lowell say they cannot produce any paperwork relating to it.
claire says
Hi, i received a letter from SkyLine Direct, similar type to Provident, saying my debt , £511 , has been passed to Asset Collection and Investigation. I have not to contact Skyline, to deal soley with the collection agency.
I wasnt even aware of this company till i got the letter today and looked it up on the internet, from what i can tell you apply online ?
They say they already sent me a default letter (didnt, nor have i recieved any other letters) and on their Facebook page they say they have reps in different areas but i have never had anyone at my door).
And now, without me even knowing a debt was being held against me, it has been sold to a collection agency, when i try to call it is an answering machine asking for my name and phone number.- I dont want to leave my phone number as ive heard of the hassle people get, calls at all times, multiple times a day etc.
BTW, so im clear, i did not take this loan out, they spelled my name correct and have the address ive been in for 16 years correct, but no other info except to say its sold on and ive to deal with collectors.
Dont want to sound wimpy but stuff like this stress’s me out, and how do i know if it will affectmy credit standing.
Regards Claire
Sara (Debt Camel) says
I suggest you send the Prove It! letter in this article. you could add a sentence to say you have never even heard of SkyLine Direct, let alone taken out a loan from them.
It would be a good idea to have a look at your credit reports to see if this alleged debt is showing or if there is anything else that shouldn’t be, see https://debtcamel.co.uk/experian-or-equifax-which-is-best/ for how to check your credit reports and what to do if you see any other debts you don’t recognise: https://debtcamel.co.uk/debts-you-dont-recognise/.
Jodie Benjamin says
Hello,I received 2 letters from a debt collection company called Cabot, chasing me for a debt they’ve bought from Northern Rock. The debt is for about £20k and was included in bankruptcy in June 2006, so surely I would not have to pay this back?
I can’t remember if the loan was secured on the house I had at the time or not, will this make a difference to the statute barred timescale if it was? I haven’t made any payments over the last 10 years since my bankruptcy, as this was the whole point in going bankrupt was to write off my debts.I think they wrote to me once about 5 or 6 years ago but I had a solicitor write to them to tell them to sod off, and they did. At least I think it was this was for this loan, but there were a few loans included in the bankruptcy and so it could have been another that wrote to me.
I really don’t think I am liable for this loan given the bankruptcy, and in any event, I have since become disabled and would not be able to pay them back even if I were liable.
Do you think I should send them a Prove it letter first or request an SAR to determine if it is definitely statute barred, or should I go straight in and just send a letter saying the debt was included in bankruptcy and is statute barred etc
Many thanks in advance, the stress is really not what I need health wise right now!
Jodie
Sara (Debt Camel) says
Statute barring isn’t relevant if the debt was included in your bankruptcy. As you don’t seem sure about the exact circumstances, I suggest you phone national Debtline 0808 808 4000 and they can talk you through your situation and what to do.
Jodie Benjamin says
Thank you Sara,
The debt in question was definitely included in the bankruptcy back in 2006 so it may just be a case of writing a letter to Cabot informing them of this, but I’ll phone debtline a suggested.
Thank you again
Jodie
Nico says
Hi, on the 21st April received a letter from a debt collection agency called Advantis, about a British Gas debt from a previous address, with the amount of £150.77
Now i did have a debt but i am sure i paid it all off before i left my previous address.
Not only that but the letter also says the “billing end date: 10/12/2014”, although i moved out in Aug 2014.
(I told British Gas i was moving and to close the account).
Concerned that it was fraud, i sent them a ‘Prove it!’ letter, sent on 29th April recorded delivery (i used your ‘prove it’ template)
On the 5th May they sent me another letter saying…
“We appreciate that you require proof of this debt in writing. Please note that as we act only on behalf of our client all the information that is held regarding this matter has been provided. we can advise however that we have requested a copy of the bill from out client.
We have placed your account on hold in the meantime, which will suspend any further action whilst we await our client’s reply. we will contact you as soon as we receive a response”.
I got another letter on the 16th June….
“We are writing to advise you that we have received a response from British Gas with regards to the query that you raised with Advantis Credit relating to the debt. It is important that we now speak with you to discuss our client’s response and bring this matter to a conclusion. We therefore ask that you contact us on the above telephone number.”
I was not given any proof in writing of this alleged debt.
And now i have received another letter 30th June….
Our records show that you have not responded to our previous letter requesting that you contact us to resolve the matter relating to the above debt. If we do not hear from you within 14 days further action will be taken to recover this debt”
They have been calling me non-stop since April. Now i dont know if i should just pay the money even if i dont actually owe this debt.
Please help.
Sara (Debt Camel) says
I suggest you phone them up and ask what the reply from British Gas was.
john b says
Hi can i ask a question?
Today i receive a letter from past due debt collectors on behalf of virgin media regarding a so called debt for £250 from a previous address.
Now i did have virgin media services at the previous address but the services discontinued as i couldnt afford the payments so was cut off. Now i moved to my current house about 5 and a half years ago so there is a decent chance that the debt (although i wasnt aware that i owed them anything) is more than 6 years old but then again it may be slightly under 6 years. now the advice i would like is should i send them a ‘prove it’ letter or should i send them a statute barred letter? If i send a prove it letter would that reset the clock regarding the statute barred thing?
On the other hand should i just ignore the whole thing and see if they write again?
cheers
john
Ps the letter we recieved today is in my wifes maiden name.
Sara (Debt Camel) says
Sending a Prove It letter doesn’t acknowledge the debt and so it doesn’t reset the statute barred clock.
Ignoring a letter from a debt collector is not normally a good idea. You could safely ignore them if they were addressed to someone else, but the fact your wife has changed her name doesn’t help you here. Even if you know the alleged debt can’t have been yours – perhaps it was an overdraft with a bank you have never had an account with – it is still better to dispute the debt with the debt collector rather than have to defend a court case.
If you are unsure, two good things to do would be (a) to get hold of your old bank statements and find out when the last payment was and (b) to talk to National Debtline 0808 808 4000 about the letter.
john says
Hi perhaps against your advice I ignored the letter.
today we received another letter saying as we haven’t responded to their previous letter they will now accept a reduced amount (of about half) for full settlement. Now I am intending to send a prove it letter in the next couple of days but it does seem to me like they seem a bit desperate so what will happen next if anyone has dealt with pastdue on behalf of virgin in the past.
john
John b says
I just thought I’d provide an update. I just ignored both letters and i haven’t heard anything further from past due. I have noticed however that the account has now suddenly appeared on my wife’s credit report (as a closed account). Does this mean that the matter is now considered resolved and we won’t hear anything else?
Cheers
John
Sara (Debt Camel) says
It is more likely to mean the debt has been sold to a debt collector… who will soon add the debt to her credit report.
MU says
First of all, thank you for all the advice given so far- this Web site has really helped with us solving our own issues with debt in the past. I was hoping to ask your advice.
my husband recently applied for a PPI refund and was successfully awarded over £8000! Under the agreement, the bank said they would take any outstanding debt from this total before sending a cheque. In 2005 my husband requested the help from the bank after losing his job- they consolidated all his debts into one loan (after giving him loan after loan rather than freezing the interest and accept his offer of a reduced monthly payment) and actually closed his current account too! As he was still struggling to pay everything- it was referred to debt recovery who eventually accepted a regular payment of £80 a month via direct debit. He received annual statements of his loan and knew he had £1500 left to be taken from the PPI award.
However, the bank took an extra £2600 from a Select account which had an overdraft. He apparently opened this account when he was 16. He has NEVER been sent any info regarding this account and had no idea about it. I requested more information regarding this account and it simply has a single O/D amount but no other transactions at all?? I am chasing this up but would like advice in the meantime. We are not running away from any debt which he owes, and if they can show how this debt come about then that’s fine- he will have a paid it off. However..
1. What can we do if my husband wants to contest this debt as he does not believe it is his?
2. What if they cannot prove it is his? what do we do then?
3. What can we do about the money they have taken to pay off this debt if they cannot prove it is his?
4. what about the fact that he asked the bank for help and they consolidated his debts but then left this debt out which is strange considering they actually closed his current account! Why leave this one?
5. what about the fact that he has never ever received any letters regarding the outstanding debt in all these years?
I asked these questions to the bank but the man was really rude and just kept repeating the debt belonged to my husband and was paid off in full and the account is closed. He wouldn’t help at all and I was really trying my best to be as civil as possible depite his attitude!
Sara (Debt Camel) says
i think you need to put in a complaint to the bank saying your husband had no knowledge of this account and denies that he ever opened it. If this doesn’t get them to change their mind, I suggest taking the case to the Financial Ombudsman. This sounds unusual and you may feel that you would like help with this complaint – I suggest going to your local Citizens Advice.
Luke says
Hi been reading though this site for a while and it’s great help, my question is Lowell have been sending me letters for a debt I am surpose to owe to a catolog online, to cut the story short I have no knowledge or memorie of this, I Sent them your first letter asking to prove it but heard no response but got CCJ letter I didn’t respond to it as I thought with sending the prove it letter it would make it go on hold and I was wrong they have actually issued the CCJ against end of July It’s on my credit file now, is there anything I can do to try get this removed I have the receipt from my prove it letter as I sent it recorded been trying to work hard improving my credit this is last thing I need, any advise welcome, thanks.
Sara (Debt Camel) says
Contact National Debtline 0808 808 4000 and ask them about a “set aside”.
Hellen says
A previous tenant of mine left a council tax bill when she left and now a debt collector is sending me collection letters in her name but c/o me to my address. I phoned them and told them it was wrong of them to do so but they asked me to prove it by providing 6 months council tax bill where I live. This person moved out years ago. After these letters am sure they’ll be threatening me with bailiffs. Is this legal?
Sara (Debt Camel) says
The easiest way for you to resolve this is to give them the proof they have asked for and ask them to stop contacting you.
If they continue after seeing this proof, put in a written complaint to the debt collector – don’t do it by phone.
Luke says
Hi I recently received a text message from Lowell to ring them and quote reference number… So I did as I had no idea what it was about. They said I owed £327 from a debt for insurance taken out in May 2010 which defaulted in March 2011, I have never heard of the insurance company, I have checked my credit report on two different sites and I don’t have any defaults registered against me, they didn’t have my current address and I refused to give it. They said they would continue to call and write to me which I said they couldn’t as I have just told them I don’t live at the address they held, once off the phone I emailed them and said this is the only way I would like to discuss the matter as the staff on the phone was not helpful, I added a prove it letter to which they replied the name of original creditor and and original reference number like that means anything to me? I then replied saying I still have no knowledge of this debt and requested proof in the form of a credit agreement or account details, they replied saying the have now requested this for me but could take around 60 days, I haven’t heard anything since, on the phone they threatened to add a default to my credit report but surely this can’t be done when I dispute the debt? And surely it would have already been on my report if this debt really did exist and default in 2011? Many thanks
Sara (Debt Camel) says
I understand that people are a bit paranoid about giving a debt collector your address, but in this sort of situation – where you clearly do not owe this debt – it is usually the simplest option.
Now the debt is in dispute, they should not ask for payment until they produce “evidence” that you owe the debt.
They should also not add a default to your record. The fact there is no default for the debt already doesn’t mean a lot I am afraid.
Luke says
Thanks for the reply, could a default be added at any time even though it’s nearly 6 years since the debt apparently defaulted anyway? That is my main concern I don’t want a default on my credit files I have never had anything like that. The reason I didn’t give them my current address was the address they already had for me which they said the debt was linked to was my parents address so I know for a fact they have never sent any letters or anything there which I’m sure they would have done. The text was the first thing I have ever heard of it. I thought I was doing the right thing by sending the email at least then I have proof of what I had said and they also have a means to send documents to me without being harrassed, on the phone the attitude was appalling.. Seamed to improve by email! They just kept asking what my intentions was towards the debt which I kept replying I have no intentions towards a debt I have never heard of they just kept putting me on hold for 5 minutes at a time then coming back asking the same question. In this case what would you class as sufficient proof of the debt? Surely an “original credit number” is not proof. Many thanks
Gav says
Hi, I am looking for some advice on a debt I do not owe.
In 2010 I went to court and at the time I made an application for legal aid. The legal aid contribution was for around £5500 but the solicitors agreed a price of around £1700 so I just paid it out of my own pocket.
6 years later there is a debt collection agency sending me letters for the balance of £5500 even though I haven’t had a penny from them.
I explained that I don’t owe the money and they are still perusing me. It’s went on that long I’m sure they can’t do anything about it but I have just requested that they provide proof I owe them the money. I am still waiting for this.
Has anyone got any advice in the meantime??
Thanks
Sara (Debt Camel) says
I think you need to discuss this with the firm of solicitors.
Bruce says
Hi Sara,
I have a company called Advantis chasing me for a water bill from an address I left over 10 years ago. They tell me the billing period is 4/14 to 3/15. In the first instance I sent the following;
I refer to your letter dated 26/9/16. I can’t help but comment on your ‘We’re here to help’ section as there is nothing about what to do if the person is not liable or have any responsibility for the debt in the first place.
This matter has already been dealt with by another company that Thames Water sold it on to. That company accepted what I told them and said they have closed the matter and passed it back to Thames Water.
I don’t see why I should have to explain/defend myself again. What am I to do, argue my case with every debt agency that wants to have a bash at me?
I appreciate you may not be aware of the above. I therefore ask that you go back to Thames Water to have the situation confirmed regarding the previous agency and the outcome. If you are ‘here to help’ as you say then I envisage you will act favorably upon the reasonableness of my suggestion.
They have never commented or indicated that they have acted upon this initial request. In the meantime they have asked for personal details and I’ve declined. Their last letter asks me to provide a tenancy agreement for the period in question where I currently live (I am not a tenant or owner of where I am living). If I do this they say they will ‘escalate’ it with Thames Water. I have not done an outright ‘prove it’ letter but reminded them that the onus is on them to do so.
My questions are;
1)What is your view on them having not responded directly to my request to check with Thames….and also having a debt passed to a different debt agency?
2) What is your view on me trying to prove where I live to them….and if I did would it be reasonable to expect them to close the matter against me rather than just ‘escalate?’
3) Given the clearly have done checks on me, is it not reasonable to expect them to close the matter given there is all sorts of financial credit related tracks on me at my current address where I’ve been since 2012? What I mean is if they are satisfied enough to write to me at this address then surely they acknowledge my residency since the time my details started appearing at the address….and conversely not at the debt address?
4) Finally (phew you say!) from what I can make out utility debts are different to say a loan deby from a legal/prove it letter viewpoint….what would a full blown letter quote? Where do I stand if they show a bill in my name (which as far as I am concerned would constitute ‘fraud’ by whoever has used my name.
Sorry for such a long one but I just do not trust the games a company like this will play to get what they want regardless of who was really responsible for using the Thames Waters services.
Sara (Debt Camel) says
I suggest you put in a formal written complaint to Thames Water, including evidence that you left that address many years before. Ask TW to confirm in writing that they accept you are not liable for this debt. Once you have this, if the next debt collector sends you a letter, you just reply with a copy of the Thames Water letter.
Also check your credit records with all three CRAs – https://debtcamel.co.uk/best-way-to-check-credit-score/ explains how. If this alleged debt appears on any of them, ask for it to be deleted.
Ann says
I’ve received a letter from a collection agency working for Parking Eye. They state that I owe Parking Eye money and that PE have been writing to me for this unpaid debt.
I have not received any letters from PE and as far as I’m concerned do not owe them any money. They are threatening me with further action and refer to a court case – Beavis. I tried to ring them but they started demanding personal information under the guise of data protection, that I’m not prepared to give to a company I have not entered into any form of contract or agreement, they could be anyone, so they refused to speak to me.
Any suggestions would be welcome.
Sara (Debt Camel) says
It is frustrating, but the simplest way to resolve this sort of thing is usually to tell them what they want to know – your full name and date of birth usually.
Carlos Martínez says
The collector company send me proof of the original statement what can I do in this situation.
Thanks
Sara (Debt Camel) says
What sort of debt is this? When did you last make a payment to it? Do you agree that you owe the money?
Carlos Martínez says
It a capital one credit card for $350 no I said is not my account, last payment it was in May 2013 and is Portfolio Recovery send me that information.
Thanks for you help in advance
JoeEasedale says
Sending you a statement is not proof. What about the original application for credit. Signed by who? and at what address? What repayments ever made and when? Copies of default notices and final demands, when and where did they go to?
Put it in writing that you demand they provide poof of the debt. One statement does nothing to establish who’s debt it is
Maria says
Lowell sent a letter to me about a Vodafone bill outstanding. I do not recall having anything to do with Vodafone. I have checked my details on clear score and in there no records or history of Vodafone. We sent lowell a prove it letter and also court papers came with the claim form. We wrote a defence and sent it by special delivery. Today we received a letter from lowell and they say a telecom account is not regulated by consumer credit act of 1974. Therefore the original creditor is not obliged to provide us a copy of the agreement. It goes on to say further the account was taken out 27 August 2011 with a telephone number provided. It also says that they are no longer registered by the financial conduct authority. It says failure to respond to this will result in a ccj against my name. What advice could you give.
Sara (Debt Camel) says
As you have court papers, you need urgent advice on your defence. I suggest you call National Debtline 0808 808 4000 – they are open on the 3rd January. If you think you need to file / amend a defence before then, then I suggest you post on Legal Beagles forum today: http://legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim, put URGENT in the title of your post.
They are correct that a CCA agreement isn’t relevant. But they do have to show that the account is yours. If you are sure you never had a Vodafone account presumably they can’t do this!
Maria says
Hi Sara thanks for the reply :-) already sent the defence to the court and got a response back they have accepted it and will respond in the next 28 days. What can I send to lowell. Shall I send another prove it letter. They have sent in the letter a phone number attached to that contract. They also said when I took the contract and when I defaulted. Saying I owed about 300 odd in airtime. Clear score nor other credit agencis have this on my record. What can I do.
Sara (Debt Camel) says
Talk to National Debtline when they reopen next week. As the article above says, when you have received court papers it is too late to be sending a Prove It! letter.
JoeEasedale says
I suggest that you write to the Court and tell them that you wish to appear in person in your defence and ask that the case is transferred to your local court, which you are entitled to do. Part of your defence is that THEY have ignored your first prove it letter and failed to establish that the debt is yours.
Maria says
Hi guys the national debtline said last time when I contacted them that in regards to legal advice they can’t give me any as they are a charity.
What’s the best way or solution out of this ?
Sara (Debt Camel) says
They can’t “give you legal advice” but they can explain what the court processes are and what your options are. Another option is for you to post on the Legal Beagles forum, see http://legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim.
Alex says
Hi, I’ve been trying to resolve an issue with a Debt Collection company called New Day for quite some time now. I do not believe that the debt that they’re requesting is mine, and all the information they have on me has stupidly been given to them by me when they have asked for security confirmations. I have asked them to prove that the debt is mine, but they have said that they will only do so if I pay them £10. Of course I am reluctant to pay them any money at all before they prove that I owe them anything. Can they do this?
Sara (Debt Camel) says
New Day is a credit card lender, not a debt collector. Their own brands are aqua, marbles and Opus. They also work with some other brands. Have they told you the name of the credit card where they allege there is a debt? What information have they provided about this debt?
£10 sounds as though you have asked them to send all the information they have about you – this is called a Subject Access Request.
Alex says
Thanks Sara!
In writing, they have never specified the name of the credit card, but it seems to be on behalf of Santander – I can’t recall ever having had a Santander credit card.
This issue only arose after I went to see a financial adviser and was instructed to cancel a small direct debit that I’d been paying to New Day for many years now, which neither of us could make any sense of.
I imagine it is a Subject Access Request – I just resent having to pay £10 to a company when I’m certain I’ve never owed either them or Santander anything – otherwise they could just go around demanding £10 off absolutely anybody just because they’re threatening to chase a non-existent debt.
Thank you again for your help with this!
Sara (Debt Camel) says
I suggest you reply asking for more information “about the alleged debt”. Say you do not recall having any loans or credit cards from Santander.
Alex says
Thank you! Will give it a go!
Mario says
Hi Sara
I have filed a defence stating claimant has not proved the debt is mine despite my requests for disclosure. Claimant solicitors who issued the claim stayed the claim after i filed the defence but have now shown copies of my bank statements at the time showing that i borrowed money from a payday company. Is a copy of a bank statement sufficient proof that i owe the debt as i have asked claimants for full disclosure, signed credit agreements etc? Could i also claim costs from the claimant or his solicitors for corresponding perusing papers checking the law etc as they only produced the bank statement after they started the claim in court and after i filed the defence despite my requests for disclosure in the last 3 years?
Many thanks
Sara (Debt Camel) says
Hi Mario, you need urget advice about your particular case which I cannot give, I suggest you call national debtline on 0808 808 4000 and talk about your options.
Graeme says
Hi there Sara,
Firstly, Thanks for being so helpful to everyone!
I’ve been contacted by a debt collection agency regarding a debt originally to Deutsche Bank in Germany. I had a current account with them back in 2013 when i lived in Germany, but never had an overdraft or loan with them.
They are asking for 300 Euros, and haven’t provided any statement or anything about where the debt has come from. My best guess is that I left the account at 0, but they didn’t correctly close the account, and the entire debt is made from monthly account fees and penalties for going into an unapproved overdraft (that I never requested).
I didn’t receive any letters from Deutsche Bank about this. The debt company tracked me down and the letter from Deutsche Bank they didn’t put a house number, so that’s why i never got it i guess to dispute it directly with them.
The debt company provided a letter from Deutsche Bank saying the total debt owed, and that they are closing the account down. They also provided a letter that they are transferring the debt to the debt collection agency. But there is no statement explaining how i come to owe them this money, and as i say, whilst i had a current account, I dont think i signed any credit agreement with Deutsche Bank. Certainly the debt collection agency don’t seem to have my agreement with Deutsche Bank.
I’ve sent the letter explaining that i don’t recognise the original debt, but don’t want my credit record to be affected. Should I pay?
Thanks for the help
Sara (Debt Camel) says
I suggest you get in contact with Deutsche Bank in writing and ask what the debt is for as you thought the account had been closed at zero. And tell the debt collector you are disputing the debt with Deutsche Bank.
ricky b says
hello. i got a letter sent from lowells. for a very high Vodafone Bill. i sent the standard prove it letter. over 9 weeks ago.
I have received 2 letters stating, “We’re Still investigating your Query” Do i send the the 2nd complain letter?
Sara (Debt Camel) says
Not unless they are hassling you for payment.
Emma says
Hi, I need some advice about lowells. They sent a first letter claiming they have bought 3 debts, 2 credit cards and a mobile phone contract. I sent them a prove it letter.
They sent a reply for the mobile stating they don’t need to send proof because it’s a service agreement, I sent one back saying that they still had to send me proof. What they sent me was what looked like they just typed it up on the computer themselfs. It was a statement with a load of didn’t amounts of credit and debit amounts, and my name and address at the top. There was nothing else on the paper, no header or anything.
I need to know what I do next? I assume that this isnt sufficient proof the debt is mine? Do they need to have a letter from the original creditor stating that they now own the debt?
As for the credit cards, I got a statement from one of the cards, nothing else. The letter said ‘we trust this now answers your query and look forward to receiving your affordable payment proposals’ but on the FAQ sheet they sent with it it says that the account is on hold until they have a copy of the agreement.
So do I need to do anything? They contradict themselves.
And the second credit card, they have sent me a printout of a credit agreement and where a signature should be is my name printed, no signature.
What do I need to do now?
I hope that all makes sense, I’m thankful for any help you can give me
Sara (Debt Camel) says
The mobile debt – do you recognise this debt? If you have never had an account with Orange, say, you may be sure it isn’t yours. If you did have an account with Orange, you could ask them if they have sold the debt? or tell Orange that you dispute you ever owed them money?
The first credit card statement – you could reply saying that you do not acknkowledge the debt and unless they can produce the appropriate CCA agreement, you will not be paying anything to it.
The second one, it doesn’t actually have to have your signature. If you want someone to look at what they have sent and whether it is adequate, you could go to your local Citizens Advice or post on the Legal Beagles forum, see http://legalbeagles.info/forums/forumdisplay.php?21-Consumer-Credit-Act.
Andy says
Hi peeps
Hope someone can help. For a few years now I have been getting letters from Lowells in regard to a catalogue debt. I just ignored as never had a catalogue. In response to threatened court action I wrote to them stating I have no knowledge of this debt and requested they send me the credit agreement. They have sent me an agreement with my name printed not signed. The agreement was dated March 2010 and according to Lowells the last payment was made 8th March 2011 and defaulted October 20th 2011. I do not want to go down the fraud path as I suspect my ex did this in my name. Would upset kids too much. My question is when will this be statute barred as they are still threatening legal action.
Thanks in advance
Andy
Sara (Debt Camel) says
I suggest you talk to National Debtline 0808 808 4000 – they can discuss first if the agreement you have sent is valid and if it is, when the debt is likely to be statute barred.
Worried Exile says
Could anyone advise me please about a number of different agencies who have written and phoned me over the last 18 months about a supposed debt to DWP from the 1980s! (Tht’s the UK Department of Work and Pensions, so I have no idea how I can owe them any money! I no loonger live in the UK, but am on an offshore island with slightly different laws to the UK.
The first demand came right out of the blue and, when I phoned to question it, the person I spoke to had no idea what the original debt was about – I actually thought it was a hoax. Anyway, I asked for proof, but received nothing, as expected. However, a few months later, I got the same letter again, but from a different company and the same thing has now happened several times, included at Christmas.
I have severe depression and nearly attempted suicide at Christmas because of this, but I saw my local Citizens Advice and Trading Standards, who both told me that a) even if there was a debt (which there isn’t), it’s statute barred by now b) they can’t go for an attachment of earnings as I don’t live in UK, so UK DWP can’t get them. c) the prove the debt rules DO apply where I live and d) the only way the DWP could chase me is by taking me to court where I live.
I contacted the agency and told them all of this, but, I’m STILL getting a letter about every 67 weeks or so AND now phone calls, despite the number being ex-directory and not even in my name!
I’ve tried to do all the right things, but they won’t leave me alone and my landlord saw one of their letters the other day and got a bit funny about it, as he’s a bit paranoid about bad payers, even though I’ve lived in this house for 11 years and have only once missed a rent payment and that was because a computer glitch meant I didn’t get my wages on time.
What can I do to get this stopped for once and for all as my depression is not good as it is?
The ombudsman isn’t an option as I don’t live in UK and our local ombudsman can only act against local firms, not those in the UK.
Thank you.
Sara (Debt Camel) says
I can’t really say anything about what can and can’t be enforced on the Isle of Man but your local Citizens Advice will see a lot of people with mainland UK debts and I think you can trust their advice.
In view of your health problems, I think you should get a letter from your doctor explaining the effect it is having on you and you should then ask your local CAB to write to the current debt collector asking them to stop contacting you about this debt which you deny owing and which is statute barred.
Chris Morley says
Hello. I hope you can give me some advice on the following? My wife received a letter from DLC debt collectors in Brackley, Northants with a demand for payment of £76.36 owed to Orange Personal Communications, presumably something to do with the now, defunct Orange Mobile Group. She has never been a customer of Orange, but has been a customer of EE who took over Orange in 2015.
The dodgy part of this, is that the company mentioned in the letter – Orange Personal Communications – are stated in Companies House as been Dormant, i.e. they no longer trade as a company.
She hasn’t yet replied to this letter, as being unsure what to say to them.
Kind Regards
Sara (Debt Camel) says
I suggest she sends a Prove It and adds a sentence that to the best of her knowledge she has never any dealings with a company called “Orange Personal Communications” and that if this is the Orange mobile firm, she never had an Orange mobile.