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.
Do think about whether you might owe this money!
If your name is James Parker they may have got the wrong person; if your name is Edwina 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.
Contents
When not to send a Prove It! letter
Before you send a Prove It letter, check if any of the following circumstances applies, as there are better options for you in these situations.
The letter is addressed to someone else
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.
Even if the letter has your address, it is not intended for you. This page explains what to do.
You know what the debt is and it is old
If it is 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 and talk to National Debtline;
You are sure the debt was settled with the original creditor
This could commonly be for a utility bill for a previous address, or a mobile bill from a previous provider. There is no point in arguing with a debt collector about whether you have been billed for water after you left the property, they won’t have the details.
Instead you need to dispute the debt with the original creditor and tell the debt collector that you are doing this.
The letter has no details about the debt at all
Sometimes debt tracing firms send out a very vague letter, just inviting you to get in contact. See Reunite or Prime Location Services – contacting you about a debt for an example.
In this case you could decide to just ignore it. But if letters continue to come, write and ask for details of the alleged creditor.
You have received court papers
Here 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, or 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 or you ignored them? Here 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 your credit records. If there is a CCJ for a debt you do not recognise, that article explains how to find out more information about it.
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.
There are two options in the following template.
One says that you have no knowledge that there is a debt. This would be appropriate if you once had a phone contract with X or a credit card from Y but you think the accounts were settled and you don’t owe anything.
The second one is a stronger version if you are sure that you have never dealt with that firm. Only use this if you are absolutely convinced about this.
I am writing in response to a letter from you dated [dd/mm/yy], reference number [abc333333]. A copy is attached.
I have no knowledge of any such debt being owed to [company name]
or
I have no knowledge of ever having [a contract with/credit from] [company name].
If you do not stop collection activity whilst investigating my dispute, you are breaking FCA rules and guidance. Also, ignoring claims that debts have been settled or are disputed and continuing to make unjustified demands for payment is harassment.
Your name
I suggest that you don’t include your telephone number in this letter – dealing with this sort of thing by mail or email is less stressful.
If you send a letter, 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 some of these, they may jog your memory. Not all the items on the list may be available or relevant.
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 anymore – 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 TransUnion. 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
I have looked at one reader’s case where the debt collector was sending very misleading letters here: “Debt collector can’t prove it’s my debt but wants payment”.
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 compensation for this?
Possibly, but it will depend on how the creditor responded to your Prove It letter.
You usually won’t get any compensation just for being sent a letter about a debt that wasn’t owed if this is soon resolved. It is seen as part of everyday life that sometimes mistakes are made.
But if the creditor ignores your letter and bombards you with letters or texts or emails, or dismisses your complaint when they haven’t provided any proof the debt was yours, or starts court action, then you may be able to get some compensation.
This example from the Finacial Ombudsman looks at some of the points FOS considers when deciding whether to award compensation.
How to ask for a payday loan refund
FAQs on statute barred debt
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.
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
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.
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. Then if that doesn’t resolve the problem also complain to the CSA as Pastdue are one of their members 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.
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, that debt may be statute barred unless there is already a CCJ for it – I’ve written more about statute barred debts here: https://debtcamel.co.uk/statute-barred-debt/.
By the way it is probably this debt could never be enforced if you took it out when you were under 18!
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 and talk to National debtline about whether the debt is statute barred.
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.
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.
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.
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.
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!
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
And if you see any other debts you don’t recognise, read https://debtcamel.co.uk/debts-you-dont-recognise/.
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 – if this is in the last 6 years it cannot be statute barred
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
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
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 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.
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!
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?
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.
Worried Exile says
Me again!
Did everything you advised.
They took half the amount from my wages in 2018, despite me saying I disputed the amount.
I attempted suicide and have been unable to work since.
They have sent more letters and I’ve told them over and over that they are in the wrong and that they shouldn’t have taken the monet frommy pay.
Have had a suspected stroke and am awaiting test results. Still depressed.
Today (20Feb2020) another lerrer from them. Same old same old…
They simply ignore my letters and won’t listen.
Please, I am at my wits end with them.
Can anyone get them to listen.
I can’t drive so going to CAB is no longer an option and it’s hallf a mile to nearest bus stop. Can’t walk that far. Am on DLA and long term incapacity benefit these days, still on Isle of Man.
Not thinking straight – brain fog which may be the stroke or the meds thay have me on.
Please help.
Sara (Debt Camel) says
I’m sorry but you need direct help with this. Have you tried phoning Citizens Advice? https://www.citizensadvice.im/?
Even More Worried Exile says
I went to see them some time ago and was told that they couldn’t help because they only deal with Manx companies (same as OFT).
They gave me contact details for UK CAB who they said would help with UK matters and that IoM was classed as part of England for these purposes.
However, the reply I got from UK CAB was that they can only help UK residents, so neither the IoM or UK CAB can help me.
You can see why I’m getting frustrated here, I’m sure.
Thank you.
Sara (Debt Camel) says
I understand but that doesn’t mean I can help. You could try phoning National Debtline on 0808 808 4000.
Worried Exile says
No worries, Sara,|
The advice you’ve given so far is sound and it’s not your fault if it’s not helped me in my (unusual) situation.
I don’t use telephones (it’s complicated)
I do appreciate the help you offer to people like me – it must be a thankless task at times.
I’ll not trouble you again, unless it’s to notify you of a positive result.
All the best!
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.
Nin says
Hi there,
I have come across a letter today in amongst some old paper work – it is from a collections agency dated October 2016 and they are looking to retrieve £117 from me relating to a Talk Talk account.
Firstly, we are already more than 6 months past the letter being sent (i don’t actually remember opening this post in October but clearly i have overlooked and filed away) and I haven’t received anything more recently. Secondly, I have never had an account with Talk Talk – after some internet searching I can see that they are affiliated with AOL and so the only tentative connection I can make is to an old AOL Broadband account I held when I lived with my parents around 10 years ago (which I cancelled when i moved out)! There is nothing relating to this appearing on my credit report and so I’m inclined to believe this is a mistake, but don’t want to ignore just in case!
Would you suggest sending a ‘prove it’ letter? Or going along the line of the time barr element (assuming that I am correct in thinking this is relating to AOL)?
Any comments would be appreciated.
Sara (Debt Camel) says
If you had just received this letter, I would suggest sending a Prove It letter and including in that a statement saying you have never had a Talk Talk account. I wouldn’t mention the ancient AOL account – that sounds unlikely and it’s up to them to tell you the details of a debt they think is yours.
As it’s 6 months later, I suppose you could ignore it on the grounds it was a fishing email and they didn’t have anything to actually link you to this account – unsurprising if it wasn’t yours! But as you say it may be safer to reply.
PS Are you sure you have checked your credit records with all three credit reference agencies? See https://debtcamel.co.uk/best-way-to-check-credit-score/.
Nin says
Thanks for getting back to me so quickly. I have just checked all 3 CFAs and there is nothing on any of them.
I’m a bit nervous to ‘reset the clock’ if I prod at this now, but also don’t want to the stung in a few months if they proceed with court action as I’ve been reading a lot of these ‘stories’ and it seems if they go that far i’ll have very little choice but to stump up!
In my panic I also now seem to have put this letter ‘safe’ and can’t remember who the DCA was! Something like Vimcollect or Viscollect. Would I be better off writing directly to Talk Talk?
Sara (Debt Camel) says
If a debt is statute barred, it will always be statute barred. You can’t reset the clock after that point.
You most certainly don’t have to “stump up” if they take you to court – not unless they can prove the debt is yours and that it isn’t statute barred.
Neither of those names sounds familiar to me. If you call talk Talk about an unknown account with a debt collector whose name you can’t remember, you are likely to spend a long while on the phone getting nowhere.
Nin says
I have just called Talk Talk and they have confirmed over the phone that they have no details for me ever having an account with them – so just as I thought, but very strange. The call handler’s explanation was that it was probably a scam mail!
Claire Tee says
I am having problems with a creditor not complying with prove it documents.
I have asked for a copy of the default notice, they are refusing to supply this saying they are not obliged to.
Is this correct?
I’d have thought without a valid default notice then they can’t issue proceedings surely?
Also, without a valid default notice can they report the debt on your credit file?
They are also not supplying a copy of the deed of assignment either, and have said that there is no deed of novation.
Sara (Debt Camel) says
What sort of debt is this? Have they started court proceedings or are they just threatening?
Claire Tee says
Credit card debt.
No they haven’t issued proceedings as of yet.
The original agreement was too small to be read by the naked eye, thus ineligible.
The Notice of Assignment I was sent is not valid either as it has no name address and no identifying account number.
Sara (Debt Camel) says
This is always a tricky situation. A solicitor may tell you not to make these points to the creditor as you then give them a chance to correct them before starting proceedings. A debt adviser often prefers to try to avoid court proceedings by pointing out defects. Good people to talk to about your situation are National Debtline (0808 808 4000) or you could post on the Legal Beagles forum https://legalbeagles.info/forums/.
Steve says
Hi,
Last summer I hired a car from a car hire firm in Portugal through an agency (Argus).
I paid an amount up front, with the rest to be paid at the desk. 6 months later I received a letter from car hire firm asking for the full amount.
It was only then that I noticed that all I had paid for was motorway fees and some over-mileage. I then got into a dispute about why I should pay the full amount as I has paid a deposit to Argus.
I have now received a letter from a debt collection agency. I have told them that I have received no communication that they were involved and they said that they would arrange for that, but the full amount is still to be paid. I have contacted Argus, who confirm that the deposit had indeed been paid to the car hire firm.
What do I do next?
Sara (Debt Camel) says
I suggest you go to your local Citizens Advice. You need someone who can look at the paperwork.
Paul Johnson says
Hi,
I am being chased by ‘Capital Resolve’ for a debt to BT which I do not recognise. Although the demand is addressed to my home in Scotland the account it refered to is in Manchester; an address I have no knowledge of, or association with.
Apart from a first letter which gave no debt details but seemed to be fishing for proof of my ID and address, this ‘Final Notice’ letter is the only other mail on this matter. Both letters have been received at least a week later than dated, leaving very little time to get my ducks in a row before responding.
I’ve contacted BT who can only prove that my home account is fine (monthly direct debit for the last 17 years) so pretty worried I’m going to have a problem proving the Manchester address is nothing to do with me. I suspect identity theft, but I guess it could just be a computer tracing glitch. Either way, very worrying. I still haven’t contacted the debt agency yet for fear of ‘dropping myself in it’ and looking at the letter templates, couldn’t find something that suits.
What should my next move be?
Sara (Debt Camel) says
Send the debt collector a Prove It letter. Say in this that you have lived at your address for 17 years and have had an account with BT all this time. Say you have no knowledge of the Manchester address or any account associated with it. I would expect this to be simple to resolve – it sounds more like a tracing problem than identity theft. You do have a pretty common name…
Neil smith says
Hi
I am being chased for an old debt taken out 9 years ago. I have not personally made any payments on this account for in excess of 6 years.
The query is that a 3rd party family member made some token payments (5 years ago) due to receiving letters from a debt collection agency. I didn’t give any consent to speak to anyone on behalf in writing or verbally so how does this now sit with regards statute barred legislation?
Sara (Debt Camel) says
That is likely to depend on the details of your case. I suggest you talk to National Debtline and discuss your options, which may include asking the debt collector to produce the Consumer Credit Act Agreement for the debt, see https://debtcamel.co.uk/ask-cca-agreement-for-debt/.
Elizabeth says
Hi
A debt company has contacted me stating I owe money from 4 years ago as I have no recollection of this I asked for proof… payments made contract etc they have said only if I provide d.o.b, address and postcode. Do I have to give this information as I feel uncomfortable doing so especially to company I don’t know
Thanks
Liz
Sara (Debt Camel) says
Have they given details about what the debt is?
Elizabeth says
Hi
The letter just says they require information in relation to a morses account?
I did contact them stating to my knowledge I had no such account an asked them to provide proof. They responded with they could not provide any if I didn’t give them personal information
Sara (Debt Camel) says
If you never had a Morses account (or a Shopacheck loan? they were taken over by Morses) I suggest you reply again saying that you have never had a Morses account and you will not be providing them with any more information unless they give you more details about the alleged debt.
Keep an eye on your credit record and see if any unexpected debt pops up there: https://debtcamel.co.uk/best-way-to-check-credit-score/
Bratty says
I received a letter from a debt collection agency, asking me to call them and quote a case number, nothing else at all, no amount or who?
Do they have to tell you more than this?
Sara (Debt Camel) says
Which debt collector?
Bratty says
Capital Resolve, I been reading a lot around the forum and everyone seems to told how much and who, this leads me to believe its rubbish
Sara (Debt Camel) says
If they haven’t said anything at all about the debt, it sounds like a fishing letter. You could simply wait and see if they write again. I always suggest people keep an eye on their credit records in cases like this, to see if anything unexpected appears, see https://debtcamel.co.uk/best-way-to-check-credit-score/.
I see no reason to phone them – you will just be asked for a lot of personal information such as your date of birth and where you have previously lived. It can make sense to provide details when there is a specific debt being discussed which you do not believe is yours, but at the moment there isn’t.
If want to find out what this is about, write to them and say you are unaware of owing any debts but if they provide some details of the case you will be able to consider the matter.
Bratty says
Thanks Sara,
That’s what everyone around me has been saying too. I’ve been with Clear Score for 4 years and I’ve nothing on my record showing a bad debt or arrears. I’ll ignore unless they provide more information. Thanks again
Paul irving says
Hi,
3 months ago, I received a letter from Robinson Way, who claim I owed £1250 to a Hoist Portfolio Holding 2 Ltd.
I wrote back to Robinson way stating I had now idea who they or HPH where and have never had any dealings with them.
I sent a prove it letter to which there response was rather pathetic, it just said I owed £1250 to HPH and the account was in deafult…. Some proof.
6 wks ago, I sent a letter of complaint to them stating that this proved nothing, as it didnt show me anything that I could work with to prove or disprove their claim. The letter was based upon your one one this website and stated everything I was entitled to, to be able to agree or not agree that the debt is mine.
I have not heard from them for the 6wks, how long do they have to reply to me
Many Thanks
Paul
Sara (Debt Camel) says
I suggest ignoring it until they tell you what the debt is and who the original creditor is.
Claire Tee says
I started receiving letters from Drydensfairfax Solicitors last year claiming I owed their client Max Recovery £969 for a debt they bought off MBNA.
I asked them for proof of debt.
They sent me a copy of a credit agreement that was too small in print, and fuzzy in places, it was unreadable.
They then sent me a copy of a Notice of Assignment from MBNA.
This Notice had no name address of identifying account number.
They also refused to supply me a copy of the original default notice saying they were not obliged to.
I’ve informed them I’m a vulnerable household due to multiple health conditions, gave them an income and expenditure sheet and proof of benefit entitlement.
They are refusing to write the debts off.
Sara (Debt Camel) says
How old is this credit card account?
Can you afford to pay them £1 a month?
Claire Tee says
Payment last made sometime in 2015.
It was under an IVA which failed.
They are aware I am unable to make any payment as my main source of income is £110 per week esa.
I gave them a detailed income and expenditure and benefit letter.
They wont write off the debt, cannot understand why keep a debt alive when they know I will never make any payment.
Karen says
Hi
I’ve received a letter today from Wescott for a debt of £5k + with the royal bank of Scotland. I have no recollection of taking credit with them however it could be relating to a credit card which was part of an IVA. The IVA ended that long ago I can’t remember when the last payment was made and there is nothing on my credit files any more relating to the IVA let alone any debt. I certainly don’t have any paperwork relating to the IVA either. Why would I keep a reminder of a dark time in my life. Can you advise me on what I need to do?
Sara (Debt Camel) says
I suggest you send them a Prove It letter and see what they come back with. The bits you are interested in are if the account was opened before your IVA? And when they say you last made a payment to the debt.
Karen says
Thanks sara I’ll send that tomorrow and see what they come back with
Karen says
Hi Sara
I’ve had a response from westcott and all their reply basically said was that they’d conducted some checks and confirmed I lived at the address. They have sent nothing in regards to proving the debt. Do I resend the prove it letter?
Many thanks
Karen
Sara (Debt Camel) says
No, reply saying you have asked them to provide information about the alleged debt because you have no recollection of it.
Dan says
Hi Sara,
I have 2 accounts in default with lowell from a supposed “home lender” I know for a fact that these where created by my ex wife using my details without my knowledge whilst we were still together. The loans appear to have started in 2012 and 2013 respectively. Is there anything I can do to have these settled and removed from my credit report? I haven’t received any letters from lowell at all and only know about them due to viewing them on my credit report. My ex has admitted to the debts being her responsibility when I challenged her about it but unfortunately not in writing. The debts only amount to £457 but they are severely impacting my ability to a credit card (not having one being the only other negative on my report)
Thanks in advance for any advice
Sara (Debt Camel) says
You could send Lowell a version of the prove It letter saying you have seen these two entries on your credit record and you have no knowledge of what they relate to as you have never borrowed money from Provident or any other “home lender”. Ask them to delete the entries from your credit record or provide you with details of the alleged debts.
In practice, if you want to then say that this is fraud by your ex, you will probably have to follow through and report that to the police.
Dan says
Thank you very much!
Would the prove it letter ‘reset the clock’ in any way in terms of the 6 year wait for it to be cleared off my credit report ? Without any physical proof that she used my details I’m not sure how far I’ll get with the police but I’ll certainly be looking into it.
Sara (Debt Camel) says
Not if you always say “the alleged debt” — the clock is only reset by you acknowledging a debt.
Dan says
Thanks again for the great advice I’ll definitely give it a go!
Squigglebit says
Hi I’ve been chased by Robinson Way for a debt O do not recognise.
I sent a prove it letter and have recently received a response saying they are satisfied he debt belongs to me and their proof is:
Application details provided by creditor:
My name. D.O.B address and some details about the account.
Account details provided by creditor:
Balance, arrears and payment dates which show as unknown
There is no documents enclosed just this typed in the letter.
The address they show I also was not residing at when they allege this debt and account occurred.
There is no breakdown of how the amount has been generated or anything other than my details and them saying a Notice if Assignment was sent to me (several years ago)
Is this proof?
Sara (Debt Camel) says
What sort of debt is this?
what was the financial organisation? Have you ever had any dealings with them? (Just trying to suggest a good reply to them.)
Squigglebit says
The original letter requesting payment just says an account number the financial organisations name (santander) a reference number and the amount due.
(Actually I’ve just thought I did once have a very basic account with them. No overdraft though and not my main account as it’s not who I bank with. There would never have been any direct debits or anything set up on it.)
Along with contact us to agree a repayment plan today.
Absolutely nothing on the letters ring a bell so I sent a prove it and the response came today.
Which again still provides me with no further information. Only that supposedly an application was made 6 years ago, showing the address I’ve only lived in for 3! And a default date of July 2012.
Squigglebit says
They’ve finally come back to me today and have basically said they’ve referred the complaint back to Santander and if I’ve got any further complaints to go to the Financial Ombudsman.
My account is currently “oh hold”
Squigglebit says
So Lowell still can’t actually prove the debt. Just saying my account is “on hold” until they hear back from original creditor.
Surely this shouldn’t be showing on my credit file if they can’t actually prove there is a debt? Can my account be “on hold” forever? (Or at least the 6 years it takes to come off my credit file)
Sara (Debt Camel) says
I suggest you put in a complaint saying you want the incorrect debt removed from your credit record.
mark says
i sent lowell a prove it letter and i have received letter from lowell saying my debt comes under service agreement and they have requested statements and they have put account on hold. could you advice me please?
Sara (Debt Camel) says
Just sit back and wait for them to write to you again.
letsgodancing says
I’ve just received a letter from Lowell Portfolio Ltd, in which they claim they have purchased my account, from Studio, previously owned by Express Gifts Limited. The amount owing is £394. It states that I have been making repayment on this account, but that I now need to start paying them.
I have no knowledge of this account, I have not been making any payments to Studio or anybody else. The name and address on the letter are correct, but this is nothing to do with me. I rang citizens advice, and they thought it was a scam, and I should ignore the letter. However I found your article, and was wondering if a prove it letter would be better?
Sara (Debt Camel) says
A Prove It! letter is a much better idea. I only suggest ignoring letters if they are so vague you can’t tell anything about the debt. Here it is clear what the debt is and you are also clear that it isn’t your debt!
letsgodancing says
Thank you, that’s what I will do.
Callie says
Hi,
I received a text from Sparks energy last week saying my bill was overdue and I needed to make payment – it gave a link and a phone number. I ignored as I don’t owe them anything to my knowledge, my utilities transferred from them over 2 years ago and I asked them for any outstanding balance. I have received nothing since.
Today I got a phone call from Opos who wanted to do a security check and speak to me about a utility debt, I refused and they were quite rude. I said I have other than that text which looked decidedly dodgy received nothing telling me I have any debts. That they should write to me setting out the history and provide copies of correspondence.
I have remortgaged recently and my credit rating was excellent – no arrears.
I am struggling to know:
1. Know if this is genuine
2. Why they think I owe anything
3. What to do next
Sara (Debt Camel) says
I suggest you phone up Sparks. It is never sensible to ignore something like this, better to try to resolve it.
Callie says
I am not ignoring it but I cannot get through to Sparks and I am being emailed, texted and phoned many times throughout the day.
Sara (Debt Camel) says
Can’t you answer the phone to them then?
Sarah says
Can you use resolver to send a prove it letter?
Thanks
Sara (Debt Camel) says
I don’t think Resolver have a “prove it!” category for you to select, but I guess if you choose “Other” you can just type out what you want your complaint to say? Not sure you are gaining anything by doing this, but it’s up to you.
Lauren says
Hi there,
I’ve just received a letter and email from Motormile Finance who’ve been literally chasing me for years on some very old Payday loans. All of these debts are statute barred, I’ve made no acknowledgement or payment whatsoever for over 6 years now. I’m actually also planning on claiming for missold payday loans as these were taken out when I was a struggling student and working 4 hours per week part-time.
Anyway, the actual point of my query: the company have ‘bundled’ these accounts into 1 ‘account’, totalling around £1100. Firstly I was under the impression they couldn’t do this – each debt should be treated as it’s own separate entity, right?
Anyway, I’ve drafted a ‘prove it’ letter which I intend to send tomorrow. I presume at this point they’ll send back old credit agreements etc. which will show the original date of the credit agreement, at which point I can reject and say the debts are statute barred, which they 100% are. I’m just wanting to check my facts here really, so any insight you can give would be much appreciated.
I’ve worked really hard to repair my credit rating and I won’t have some unscrupulous debt collector undoing that, so advice would be great. They’ve not touched my credit file yet and I don’t even know if they can, but I certainly don’t want to take that risk.
Thanks so much in advance, and well done on a fantastic online resource, this site is a huge source of information!
Sara (Debt Camel) says
Not sure there is much point in arguing with MMF at the moment over the bundled account issue.
You have a good defence if you are correct that the debts are statute barred – I suggest you talk to National Debtline if you would like to check this.
If you want MMF to send you the CCA agreement and statement of account for these debts, I would suggest asking for them see https://www.nationaldebtline.org/EW/factsheets/Pages/getting-information/credit-agreement-advice.aspx. But you can send Prove It letter now and then ask for more details later.
Making a complaint and asking for a refund – well it’s a much longer procedure for loans over 6 years old. Who is the lender? And any refund may be set off against the balance owed, even if those debts are statute barred.
If MMF add a debt to your credit record, you need to ask them to add a default date over 6 years ago.
Stuart Goodman says
Hi Sara
Following a ‘prove it’ letter, a creditor says they’ll send copies of invoices which they reckon are unpaid… for a charge of £2.55.
Although the £2.55 isn’t a lot, I think there’s a point of principle here. I consider that my client shouldn’t have to pay anything until such time as the creditor proves there’s an outstanding debt.
What do you think?
Stuart
Sara (Debt Camel) says
I agree with you. but often practicality wins in these situations.
mark says
hi i sent lowell a prove it letter and they just got back to me after 2 months with a statement they said i paid £80 in 2013. do i make a complaint or use a follow on letter. thank you
James says
Good evening.
Just wondering. In your complaint example letter, it states “If you do not cease to contact me about this debt I shall be complaining to the Financial Ombudsman.”
How long would a reasonable time be before asking them not to contact me again? I have already been harassed by 2 phone calls and a text message, even after admitting on the first call that they have received the letter, asking for evidence.
I suppose this applies to all communication that doesn’t contain what they deem to be ‘evidence’?
Thanks,
James
Sara (Debt Camel) says
How long since you sent a Prove It letter? Any reply to it? Who is the debt collector?
James says
Hello Sara,
It has now been almost 1 month, less 1 day. The first phone call after the letter was 9 days. The other phone call and text message were last week.
The collection company is “Capital Resolve”.
The phone call last week was to say I need to source my own evidence form the creditor and their collection activity will continue.