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
Lisa Mitchell says
Thanks Sara – this is the reassurance I needed!
Junior says
I have just received a letter from Cabot claiming a debt of 14k from a Sainsbury’s loan. I think I may have had a loan from them at some point but certainly nothing approaching that huge amount. Also – I guarantee it was beyond 6 years ago. It’s not showing on any of the three credit searches (Credit Karma, ClearScore, MSE). Can I ignore the letter? I’m normally not spooked by letters as I had a rough period with debts but the amount on this has really freaked me out.
Sara (Debt Camel) says
No, it’s not good to ignore this sort of letter.
Send Cabot a Prove It letter.
The name suggested by your email address sounds pretty common – this may not be your debt at all. If it turns out to be, at that point you can look into whether it may be statute barred and also ask Cabot to produce the CCA agreement for the debt.
Lee says
We have two debts outstanding which were sold on to debt firms. Both defaulted over six years ago so have been and gone from our credit file. For both debts, they have been frozen of interest and charges and a token payment plan has been in place (£1 and £5 a month) since 2012 and never been reviewed so they are not statute barred. We get regular statements from one debt and have never heard anything from the other one. It sounds like our best bet is to ask them both for copies of our credit agreements. Would you agree, or should be try stopping payments and see if they react?
Sara (Debt Camel) says
What sort of debts were these?
Ben says
hi Sarah – they are both credit card debts. (sorry for the delay, missed the notification). Ben
Sara (Debt Camel) says
Stopping payments is pointless, they will notice!
As these are credit card debts, yes you can ask them to produce the CCA agreement. See https://debtcamel.co.uk/ask-cca-agreement-for-debt/ which has a link to the template letter to use and do send £1 with each request. [edited]
ben says
Thanks again for your help – PS assume you mean “£1” in your reply.
Sara (Debt Camel) says
yes!
Katherine says
I have been contacted by a debt recovery agency who bought a debt of a mobile phone company. i noted that money was coming out of my bank to this mobile company, however i cannot remember having a phone from them (it was taken out in 2018). when i noticed this money i contacted the phone company and they stated that the SIM had not been used, i also contacted my bank who said that it looked like fraud, so refunded all the money via the direct debit guarentee. I recieved no letters from the phone company for 16months until i recieved a letter from the debt recovery agency.
i have asked both the debt recovery company and the mobile phone company to provide details of the contract, but neither have done so. what The recovery company are still asking for payment. what should I do
thanks
Sara (Debt Camel) says
is this debt showing on your credit record?
The debt recovery company – are they collecting on behalf of the phone company or have they bought the debt?
Katherine says
Hi I have assumed that the company bought the debt. i have sent the “prove it letter” but they have sent another letter giving me 30 days until they start procedings. i havent received a final demand. i am about to write another prove it letter but dont know whether i should just ignore thier last letter thanks
Katherine says
Actually i have a letter from the phone company that they sold the debt
Sara (Debt Camel) says
Did you have anything in writing from your bank when they refunded the payments – an email of a secure message to prove what happened?
katherine says
hi with reference to the Credit record – i have just signed up to Experian and there is no record of the debt at all in fact my rating is 976. there are records of other phone contracts which are settled and one existing, there are no default ones, the phone provider is not listed.
this gets stranger and stranger.. thanks
Sara (Debt Camel) says
ok, this is a bit like sleuthing… now check your Equifax and TransUnion credit records – see https://debtcamel.co.uk/best-way-to-check-credit-score/ for how to do this.
Katherine says
Thanks again sarah, no details on the credit checks though other phone contracts do exist (close). I will write another prove it letter to them..
Sara (Debt Camel) says
No don’t just send the prove it letter again – it didn’t work the first time, it’s not magically going to change now.
You first need to report the issue to Action Fraud by calling 0300 123 2040. explain you thought it had been dealt with at the time but you are now being chased for a debt you never took out. they won’t do anything but they will give you a crime refernce number, which is what you need.
Then write to the debt collector and mobil co (email is fine) and say what has happened, that it was a case a fraud, give them the crime reference number and details of what happened. Say you have never had a contract with that mobile co. Ask for confirmation than they will not be contacting you again in future.
As the debt doesnt appear on your ccredit record, you don’t need to ask for this to be removed.
If you get any more letters next year asking you to pay, contact National Debtline in 0808 808 4000 and ask for their advice,
Katherine says
Thanks again sarah, i just went on action fraud and it seems i reported it in 2020, but they said it wasnt a police reportable offence, but i updated it any way.
Dont why they call it action fraud, as they dont take action
ludvik James says
Completely agree Action Fraud is useless. I reported a scam that involved hundreds of people and millions of pounds. we provided evidence of falsification of signatures and further proof to take action. yet they deemed it not to be something they deal with. What are they dealing with just Corporate fraud.
Katherine says
Hi Sara, I sent the complaint letter to the company re-iterated the point that they must prove the debt, however they have skirted around the prove it point and have stated “Mobile phone contracts are not regulated agreements under the provisions of the Consumer Credit Act 1974. there is no statutory requirement to sign an agreement in order to obtain an account of this kind”
They also said that ” Inserting the SIM Card and using the service is taken as an agreement of the terms and conditions of your agreement”
they have given me 30 days to reply.
But my point still stands, That i have never had a three sim Card, i have also confirmed with Three by phone that the data has not been used. i have also asked for call records as proof of this, but they havent been able to supply this..
where to I go from here?
Thanks again
Sara (Debt Camel) says
which debt collector is this?
I assume you did not ask for a copy of the CCA agreement?
Katherine says
Hi again, i didnt have a contract with three, though they took money out of my bank, which was recovered by my bankk, under the direct debit gaurentee. Then 16 months later i received a letter from three saying i owed the full amount, that same day i received a letter from lowell saying that they are now the debt owners, but in all thier letters they havent said how much the debt is for. Despite many conversations with three and lowell, they havent been able to provide the agreement or call records to prove that i took the contract out.
Once again i have anothet 30 says to repsond to lowells,
Thankyou again
Sara (Debt Camel) says
How did Three have you bank details?
Katherine says
Hi Sara
This is Lowells stating this, as they bought the debt from Three. I have asked for the agreement multiple times from both Three and Lowells and every time it hasn’t been forthcoming. Lowells actually haven’t said in any of their letters what the amount of debt they are chasing.( I know the amount as I received a letter from three, two years ago, but nothing from Lowells.)
They have stated that i can refer this to the dispute resolution ombudsman, so do i do this? and/or do i wait until they move to court procedings?
Sara (Debt Camel) says
I know the amount as I received a letter from three, two years ago,
I thought you said you never had an account with Three.
Katherine says
H sara, that i dont know
Sara (Debt Camel) says
I suggest you send a subject access request to Three asking for a copy of all your personal information. Email DPA.Officer@three.co.uk and say you have never had a contract with Three, but Three have said you have (give some details) so you would like them to send you a copy of all personal information Three holds about you, including recordings of any phone calls. Give your full name, date of birth, home address, email address and explain if any of these have changed over the last few years and give the previous ones.
Also send a formal complaint to Lowell. You can phone them or use their online form https://www.lowell.co.uk/contact-us/. In either case be clear that you are making a complaint, that you dispute the debt as you never had a contract with Three and that you reported this to Action Fraud in 2020. Point out the CSA code of practice says a member should cease recovery activity while investigating a complaint.
.
John says
Hello. I have had a letter from resolvecall that they plan to visit me for a debt for ‘loanstogo’ of around £1400. This shows on my credit file as Paid and Closed with an start date of 24 Sep 2013 and an end date of 14 May 2020. I have an email from ‘loans to go’ on 19 May 2020 stating “Due to the ongoing pandemic and the consequential financial burden it’s having on some of our customers, we have decided to completely close your logbook account with reference: XXXXXXXXX as a gesture of goodwill. “
This means you are no longer required to repay the outstanding balance on the said loan agreement.
Please can you advise how I proceed to deal with Resolvecall. Do I simply forward them the email from loanstogo, or do I need to do something else?
Thank you so much for any assistance
John
Sara (Debt Camel) says
Are Resolvecall collecting on behalf of Loans2Go? Or a debt collector the debt has been sold to?
John says
Thank you so much for your response. Resolve Call state they have been instructed by ‘lantern’
Thank you again, I cannot tell you how much I appreciate the help with this!
John
Sara (Debt Camel) says
OK Lantern is a debt collector and they are likely to have been sold the debt by Loans2Go. Have you had any letters or emails from Lantern?
Jon says
Thank you for coming back to me.
No, not that I can remember or am aware of.
What is the best course of action for this please?
I can’t tell you how much I appreciate your help
Thank you
Jon
Sara (Debt Camel) says
OK, then I suggest you email Loans2Go complaining that they seem to have sold your debt to Lantern despite saying they had written it off – attach the previous email from them saying this.
And also email complaints@lanternuk.com, copy it to resolve call if there is an email address for them, and say you do not know why Loans2Go sold Lantern your debt as they had told you it was written off in 2020. Attach a copy of the loans2Go email saying this. Ask Lantern to confirm they will not be contacting you further about this.
John says
That is amazing. Thank you so much for your help. Would you like me to let you know how I get on?
Thank you so much for all of your help
John
Sara (Debt Camel) says
yes do!
Was this your first logbook loan from Loans2Go?
John says
Please accept my apologies. It appears I misread the letter in my stressed out stat earlier on.
The original creditor on the letter is ‘CASH ON GO PAYDAY LOANS &more’ and states it is for £1635.97
I have had a look online and it states the company is no longer trading & had a few companies under it.
I have searched my whole credit file and there is nothing under that name or for that amount showing.
The likeliness is, I did owe money on a payday loan thing or similar from when I was much longer and immature, but as mentioned, this does not appear anywhere.
The chances are, any money that was owed would be from 8+ years ago as a minimum.
I’m really sorry to mess you about, but what is the best way to deal with this please?
Thank you so much once again, you really are so helpful!
John
Sara (Debt Camel) says
Cash on Go is better known as Peachy – does that ring a bell?
John says
It does from many many years ago (around 7 as an absolute minimum) but certainly not for an amount anywhere near that! As I say, there is nothing similar to peachy, cash on go or otherwise on my credit file & nothing for anywhere near that amount
Thank you & I’m sorry again for getting the original info wrong
Sara (Debt Camel) says
Then read https://debtcamel.co.uk/statute-barred-debt/ and talk to National Debtline about how you should reply to Resolvecall as this debt may well be statute barred.
John says
Thank you so much for all of your help. I will let you know how I get on
Have a lovely evening
John says
Hello. I spoke with debtline who advised to send the statute barred template by email. I have done so and have just received the below response from lantern
Thank you for your recent email.
To ensure the ongoing security of your personal data and to comply with the current data protection laws, we must verify your identity before we can discuss your account. Please can you confirm:
• Your full name;
• First line and postcode of your address;
• Your date of birth;
• Your email address.
Upon receipt of this information we will be able to complete your request. You can contact one of our agents by telephone on 0113 887 6876 (Monday to Thursday 8am to 7pm, Friday 8am to 6pm or Saturday 10am to 1pm).
We look forward to your speedy response.
Yours sincerely
Lantern
Do I reply with all of the info they have requested? I really don’t feel comfortable sending them all my details
Thank you once again
Sara (Debt Camel) says
They already know who you are and where you live. You aren’t telling them anything they don’t know. They just need to confirm that it is you who has emailed them.
John says
Hi Sara,
Lantern have gone quiet on the above and haven’t sent anything or acknowledged my email to them since. They have however sent a letter today chasing for 2 debts. One for around £200 which I was aware of with a default date of August 2016 (very nearly 6 years!) and one for £99 which is from around 10 years ago and they state ‘will be reviewed by the relevant department due to the age of the debt & will update me accordingly’
My question is, have I acknowledged the debt for around £200 by communicating with them over the original £1600 as mentioned above, or are they attempting to get me to communicate with them over it? They state they have referred the £200 to their ‘carefully selected partner QDR Solicitors’ as always, thank you so much for your help
Sara (Debt Camel) says
Talking to them about one debt does not acknowledge any other debt.
It sounds as though you have the routine “coming up to 6 years” communication.
william campbell says
Hi with regards to your question did you respond with your details and if so what was out come if you don’t mind me asking
Sara (Debt Camel) says
that was 2 years ago – Peter is unlikely to see your query. What is your situation?
John says
Thanks so much for this Sara. You are completely correct. I am just coming to the end of things falling off my file from when I was young and stupid! So, would the best advice be to try and ignore this and not have any kind of communication with them on this? I know in an ideal world I would just pay this, but unfortunately that isn’t possible at this stage and I really am doing all I can to improve my credit score which is already making huge progress
Thank you again
Sara (Debt Camel) says
Don’t ignore it unless you want a CCJ which will screw your credit record up for another 6 years…
What sort of debt was this £200 debt?
What are the rest of your finances like at the moment – could you make them a settlement offer? Do you have other problem debts that you haven’t been paying? payment arrangements for any other debts? Any newer debts you are currently making normal payments on?
John says
Hi Sara
It was for safety net. It’s hard to raise anything at the moment with the cost of living and 2 young kids.
In terms of a settlement, are you saying to contact QDR solicitors and offer a reduced amount in final settlement? If so, how much would you advise? The total is around £240
Thanks again
John
Sara (Debt Camel) says
Safetynet Credit? How long did you use them before it was defaulted and sold? Because they are one of the easiest lenders to win an affordability complaint against if you used them continouously. If you win a complaint then you could get a refund of the interest you paid and all negative marks removed from your credit record.
Have you used other high cost credit as well?
It may not make any sense to offer them a settlement ifeverything else is very tight – can you answer my questions about your other debts?
You can’t treat debts individually – that’s like trying to play whack-a-mole – if you can settle this one, you just have less money for the next one that pops up.
John says
Hi Sara,
No, it was a one of thing over 6 years ago that was never paid back. As I say, I was young and very foolish.
I had a lot of stuff on my file which has all fallen off last year, and I only have this & a very old EE bill which falls off next month.
I only have one credit card now (Aqua) which I use very sensibly and have no balance on, so theoretically could pay this £240 with that, but not sure they’d even accept a CC for payment?
In terms of settlement, if that is my best option, what would you suggest as I certainly don’t want a CCJ
Thank you again
Sara (Debt Camel) says
I certainly wouldn’t suggest paying this on a high interest credt card like Aqua. Even if Lowell accepted a 50% settlement offer, the interest on the Aqua card could soon add up to more than that.
Why not just offer then £5 a month?
John says
Hi Sara,
Are they likely to accept a figure so low?
Thank you
John
Sara (Debt Camel) says
yes if it is all you can afford. I suggest you talk to National Debtline on 0808 808 4000 and ask them to help you draw up an income & expenditure statement that shows what you can afford. This needs to take into account all the price rises coming in April – enrgy bills, council tax, broadband, mobiles, national insurance and of course petrol and food.
You can then show the i&E when you make an offer.
Darrell pyne says
Hi,
I received a letter (actually 2 now) from resolvecall saying they are trying to recover a debt on behalf of barclays credit. The amount is around £8,500. I have no memory of this debt or anything even close. Nothing shows on my credit report and whatever it is, it’s 100% more than 6 years old. Should I send a prove it letter?
Sara (Debt Camel) says
do you remember having any debts with Barclays or Barclaycard?
Darrell pyne says
No none at all. I’ve always banked with Halifax and never had a credit card. I currently have a credit building card at the moment but with £200 limit and currently 100% balance.
Sara (Debt Camel) says
Then I would send them the letter and add in a sentence saying that you have always banked with Halifax and don’t think you can owe any money to Barclays.
David Phillips says
Hello,
I have received a letter and now an email from Lowell stating that they have bought a debt from O2 and are asking me for £348. I have not had an account with O2 for 5 years and as far as I know I owe them nothing. In that time O2 have not contacted me regarding this debt.
I have moved address 2 years ago so I have no account at this address with O2.
I have sent them an email stating that I do not recognise this debt and that they must provide me with details of it, ie,
The Address where the contract was taken out
The Account number
The Make and Model of the phone
The telephone number of the phone
The date the contract was taken out.
Was I correct to do this and what should I do next?
Any help would be appreciated please.
Sara (Debt Camel) says
Asking for more information when you do not think you owe the debt is sensible. I suggest you wait and see what the reply is.
C Rooney says
I have received two letters from a debt company for two different outstanding debts from female clothes shop that until I received the letter had no idea who they even were. What should I do next?
I have no debt with either had to Google what they even were!
Sara (Debt Camel) says
Tell the debt company exactly this. You can use the prove it letter in the article above and add that you had never heard of the clothes retailer and you have never had an account with them.
Mark says
Any advice would be super helpful.
Outline of incident.
I owned a retail business for 26 years and sold it in November 2018 lease and freehold. The company was sold on again in 2019. Recently I recieved a request for non payment of a water bill from 2018 to 2021. The water company was advised in 2018 of the sale.
We have been asked to prove we no longer own the business. The business has had two different owners since. I have no forwarding details from the original purchaser or the most recent onward sale.
My accountant could clear this matter up with relative ease however I don’t see why I should pay for this. Nor do I wish to pay the land registry fees. The water company has refused to contact land reg or pay for the fees.
This matter has now been passed to a 3rd party debt collection agency, who are now attempting to rattle my cage.
Zoopla and other property sites confirm that the sale of the business in November 2018, the business is still currently trading with the original company name and has done since the sale in 2018 despite ownership.
Sara (Debt Camel) says
This website covers personal debt. You could talk to Business Debtline https://www.businessdebtline.org/ about this, but it may be simple to just pay your accountant to sort this out.
Daniel says
You are in a deemed contract of supply, even though you’ve signed nothing or agreed or even know about anything about the current owner. Pass the owner’s details on to the debt collectors or they can legally chase you for it. I’ve just had to pay £287 water bill unpaid after my Sister took over my business without telling them. They point blank refused to back down as I failed to notify them at the time.
Sara (Debt Camel) says
I won’t comment on this sort of business situation as there may be important factors that haven’t been mentioned. That is why I suggested getting in contact with Business Debtline.
Steve C says
Hi
I have been given a debt by Ebay because of their single handed actions in assisting a fraudster.
I sold a new SEALED item on Ebay to a new non feedback buyer for just over £100, the buyer complained to Ebay that they items where defective.
I replied my surprise as they where brand new and to return them.
The items arrived opened and inside where not my new units but a pair of fake busted ones, inc the case which had had its serial number removed.
I reported this to Ebay and they intially said fine you will only need to fill in some form and we will deal with it.
Next thing is they REFUND this thieving buyer the money and then try to get it from me,,,
I refused point blank and told them to take me to court.. the Buyer has dissapeared into he ether so i cannot chase him.
Now Ebay have passed it onto a debt collection agency and I am still refusing.
What can i do, I am the person wronged and am expected to pau for it too….
Sara (Debt Camel) says
I am sorry but I have no useful suggestions.
Dave says
Hi
I appreciate if you could offer me some advice in a situation I have found myself in.
In 2014 we used a company/agency to help try and sell our restaurant. We were not able to find a buyer and therefore the was no sale of the business.
We closed up and gave the keys back to the landlord.
Our limited company was dissolved on companies in August 2015.
On 02/09/2022 my friend/business partner received a call from the agency chasing their commission for the sale of the business. This is the first time we became aware of this. They stated letters were sent in the post to our addresses and email. We would not have any knowledge of this as we have both moved to different addresses.
Ihave managed to retrieve the letters from an old address I was living at. The first letter is dated 19/08 demanding a payment of £4800 with in 7 days. A follow up letter was sent on 31/08/2022 chasing payment with in 7 days or they will commence legal proceedings.
I have spoken to the company and explained we did not sell the company. However they are adamant that we have. Over the past several years there has been around a couple of different businesses open at the address..
Are we liable yo pay this? Even though our company was dissolved in 2015?
Appreciate if you could provide some help.
Sara (Debt Camel) says
I Suggest you talk to Business Debtline tomorrow on 0800 197 6026
Iana G says
Hello, I just got a letter from UK Search Limited stating that there is £1,360 outstanding with Affinity Water at an address I have never lived at.
I do not understand how this debt can be linked to my name.
Would you recommend I send a Prove It letter? The debt is 100% not mine and I have never lived at the property in question. I am shocked by this.
Thank you!
Sara (Debt Camel) says
Don’t send a standard prove it letter – you can be much more specific than that. Write back and say there has been some mis-trace [use that word] as you have never lived at the address they have given.
J Bear says
I’ve just started receiving a letters/calls/messages and emails from Lowell regarding a defaulted overdraft from November 2016 (default notice on equifax is April 2017. This debt isn’t showing on Experian) and this is when Lowell took over the debt. The amount in question is £2200.
I would assume 6 years statute barred will be in April next year? not from when I stopped payments in November 2016? Do you think they will have enough information about the debt to enforce it? Or would it be worth sending a prove it letter in the hopes they are just fishing as it’s getting close to the 6 year mark?
Sara (Debt Camel) says
A prove it letter is appropriate when you don’t think the debt is yours. Not here where you clearly do accept this is your debt.
With other types of debts such as loans or credit cards, you can ask the debt collector to produce the CCA agreement (see
https://debtcamel.co.uk/ask-cca-agreement-for-debt/ ) and if they can’t the debt cannot be enforced in court. but a CCA agreement does not apply to overdrafts.
Statute barring for overdrafts is complicated – I suggest you talk to national Debtline on 0808 808 4000 about this case and your option.
What is the rest of your financial situation like?
This overdraft – who was the bank? And how long had you had big problems with the overdraft?
J bear says
Ok I will give them a call in this case. Now, my financial situation is fine, credit rating with Experian nearing 900+, no other debts or outstanding payments (that I’m aware of).. the overdraft was transferred from a student account (not sure when this transition from a student to a regular current happened now) but since having the overdraft I was more or less always using it. Especially after leaving university and working, my wages would go into this bank account and not even clear the overdraft. This would have been from 2010 until Nov 2016. I must have paid back more in interest to the bank over that period than the overdraft amount
the bank was Lloyds
Emma jones says
I enquired about the services of a private medical practice but decided to take it no further. They had automatically made an appointment and are now sending payment demands because I didn’t show up. They sent me a booking confirmation email a few days before but it was 4 hours from me and I was working so there’s no way I made that appointment. There would be no proof I made the appointment, just the enquiry. But now apparently this is being sent to a debt collector? Is this even possible?
Sara (Debt Camel) says
Don’t just send a Prove It letter about this.
I suggest you talk to Citizens Advice Consumer Helpline – you need to dispute that you even made an appointment. See https://www.citizensadvice.org.uk/consumer/get-more-help/if-you-need-more-help-about-a-consumer-issue/
Anthony says
Hi, thanks for taking time to help others.
BSB have been emailing me about a debt which I don’t believe I have for an old utility company. I have asked for proof and they sent me 7 images which show different pieces of information. They are calling this my final bill but it is not 1 document. 1 image for example shows my address, another my account number, another with the amount they are claiming and another with the utility company logo on it which states “in administration” and dated Feb 2021. The company didn’t go into administration until Sept 2021 so I think this has been edited.
Can I ask them to post proof to me? I have asked this several times and they have always ignored it and continued to email me. And does the images which put together would look like a jigsaw of a bill be evidence?
Thanks!
Sara (Debt Camel) says
So you used this utility company? Do you have your old bills?
Anthony says
Hello,
I did use this energy company however, the bills were all app based and when the company went into administration the app also ceased to exist.
Thanks,
Anthony
Sara (Debt Camel) says
Then I would ask the debt collector to produce a statement of account showing your energy used and your payments to the account.
Anthony says
Thank you Sara, that is hugely helpful.
Anthony says
Hi Sara, thank you so much for your help. At 9am I emailed the company requesting the information you mentioned. Within 30minutes I got this reply:
“We are unable to provide the information you have requested as this has not been provided to us.
As we cannot provide the information you are requesting, we feel a fair resolution would be to have the account closed.”
To put this into context, this has been going on since July. Within 30 minutes of following your advice it has been sorted.
Thank you!
Sara (Debt Camel) says
Good.
(I wonder how many people just paid that amount?)
Anthony says
Incredible.
To be honest I was so confident that I would have kept going until they cancelled the debt however, for it to be turned round this quickly was really unbelievable.
Thank you again!
Harriett says
Hi, I sent a prove it letter on the 29/11/2022 for a debt in my name but I know it’s not my debt, my details have been used by an ex partner. I sent the prove it letter as I needed evidence. I was getting a phone call, text, emails and letter pretty much ever single day for months from the debt collection agency. All contact stopped and has been peaceful for a few weeks, until today(19/12/22) when I received a letter of complaint procedures. They aim to resolve this in eight weeks if not sooner. They have not provided me with any information on the debt all I know is it BT plc. My question is do I wait the 8 weeks they are asking or do I send another prove it letter as they have not provided any documentation or information on the debt?
Sara (Debt Camel) says
Does this letter say they are treating your letter as a complaint? or does it ask you if you want to make a complaint?
Harriett says
Hi
Yes they are treating it as a complaint. They said in the letter they are going to resolve my complaint in 8 weeks or less and issue a final response.
Sara (Debt Camel) says
so you don’t know how old the debt is?
Harriett says
Hi
I have no clue, hence why I sent a prove it letter to find out information, but they have sent it back as a complaint. All I know is
1) it’s in my name
2) it’s with BT Plc
Sara (Debt Camel) says
I suggest you wait and see what their reponse is.
Harriett says
Ok I will wait for the response.
Thank you for your advice
Merry Christmas and happy new year
Harriett
N says
Hi could you advise please.
I recieved a letter from lowells then overdales saying I owe a debt that I don’t recognise from 2010, the address they provided I know but never lived there.
They say last payment was made may2011 and ccj was taken against me july2017, can they do that after 6 years? I’m presuming theybare contacting me as it is 6 months off the 2nd 6 years, but I havnt admitted the debt as its not mine and have asked for the original credit agreement.
How would I even prove a debt isn’t mine as I was also under an iva when they saybthe account was opened.
It’s a shop direct account- Littlewoods apparently.
Thanks for any advice you can give
Sara (Debt Camel) says
the address they provided I know but never lived there
How do you know this address? Is it a family or friends that you think may have taken credit out using your name?
Who got the CCJ, Lowell? You knew nothing about this at the time?
After there is a CCJ, the creditor no longer has to supply a copy of the original credit agreement.
Do you have your bank statements from that time?
N says
Yes I knew the address, was actually my new partners address but they would have had none of my information at that time. I presume lowells got the ccj, I knew nothing about it until now. And I didn’t have a bank account as I was in an iva and couldn’t get a bank after being made to close what I had.
Thanks
Sara (Debt Camel) says
How did you manage without a bank account?
N says
With great difficulty, had wages paid into someone else’s account.
Sara (Debt Camel) says
I suggest you reply saying that in 2010 you were living at xxxxxxxxxxxxxxxx, you were in an IVA (supply the completion certificate as proof of this) and you did not even have a bank account so you could not have made any payments to this alleged debt. Say that this is either a mistrace (where the CCJ was actually for someone else) or fraud.
Ask for details of the CCJ as you were unaware of it and say you will be taking debt advice on this.
Sara (Debt Camel) says
when you get details of the CCJ, talk to National Debtline on 0808 808 4000 about what your options are.
InNeedofHelp says
Hi, im hoping someone can help here as this is giving me so much stress (for the second time)
Someone else’s Credit file has been linked with me by someone somewhere, The person who has the debt has same name, very similar address and VERY similar DoB. (example, lets say my post code was 7RT and their postcode is 7TR, my dob is 12-12-90 and their is 12-10-90)
I have never been in debt with any company let alone the ones that are showing and never had these accounts that are showing up on my credit files.
I had finally gotten rid of em last year from all 3 credit files by disputing em over a year. it hasn’t even been 12 months and seems like another company that must have bought the old debt has linked it to me again and my CreditKarma score as already tanked and all the addresses and accounts that I had gotten removed successfully have now reappeared.
I have just disputed em all again on TransUnion but what steps can I take to resolve this before they show up on Experian and Equifax and stop it from happening again in the future?
Even that accounts that show up on my file have addresses I’ve never lived on and wrong Date of birth.
Sara (Debt Camel) says
I suggest you set about disputing it all again. In the disputes refer to the previous ones where the association of this debt with you is removed. Also ask TransUnion how this problem can be prevented from happening again
Harry says
Hi Sara,
I’ve received a debt letter which after questioning as I didn’t recognise looks like a bill for vitgin media at a place I lived more than 11 years ago but the bill is dated 2021. I can prove the associated direct debit isn’t mine and that I didn’t pay any of the bills but this could be fraud. The debt company only provided bills and not the agreement letter so I haven’t seen anything to prove it is me (I have a common name) but doubt it is coincidence. What would you advise? I’ve done a subject access request with virgin but didn’t include this address as it was so long ago.
Thanks,
Harry
Sara (Debt Camel) says
I think you should have given Virgin that old address otherwise the SAR may not produce anything at all useful.
Is the debt company collecting for Virgin or have they bought the debt?
Your name is common but it sounds like a BIG coincidence that you used to live in that house. I suggest you also check your credit records with all three credit reference agencies for any other debts you don’t recognise. And read https://debtcamel.co.uk/loans-using-your-name-stop-identity-theft/ and consider signing up to CIFAS protection as that says.
Harry says
Thanks Sara, I have added that address onto a follow up SAR. I’ve checked credit scores and they are all excellent with no mention of this unpaid bill or any other debts. From the letter it looks as though they are collecting an unpaid balance on behalf of Virgin so I’m guessing they haven’t bought the debt. I will register this with action fraud and use the CIFAS protection you suggest. Should I 1. wait for an action fraud ref number and then contact virgin directly 2. wait for the SAR to come back or 3. ask for more detail from debt collector, i.e. contract agreement letter, contact details provided etc? I don’t know how long debt collector will wait for response considering SAR can take a month or longer and dealing with Virgin directly is a pretty hellish experience… Many thanks again for your advice so far
Sara (Debt Camel) says
You get an action fraud number immediately you tell them. No one actually looks at your complaint but you are sent a reference number.
I suggest you immediately tell Virgin & the debt collector in woring that you dispute the debt, that you have not lived in the house for more than 10 years, that you have reported this as fraud to Action fraud (ref no xxxxxxx), thast the associated direct debit does not come from any account of yours. Ask them to confirm that this is not you debt and they will not persist in asking you to pay it.
Lorna says
My partner has received a notice of acting from Overdales Solicitors attempting to collect debt from Lowell. He’s been receiving letters from Lowell for a while but he thinks the debt is 6 years old but he can’t remember. It’s for O2 and BT. What do we do next in terms of the notice of acting as they are advising they will start court proceedings next if we don’t get in contact?
Sara (Debt Camel) says
I suggest he talks to National Debtline on 0808 808 4000 about whether the debt may be statute barred. If it may, they have a template letter he can send. If not, they can talk about his other options.
H Corbett says
Hi, I’ve been contacted by Lowell about several debts that are not mine. I told them I have not had any contracts with any of the businesses on the letter. They’ve written back and sent a number of online credit agreements for someone with my name but at addresses I haven’t ever lived at as I was living abroad at those times. Lowell have advised I send documentation to show I am not the person they are looking for. What do I send? I have old tenancy agreements from those years and possibly some bank statements but not much else as it was 2016-18.
Sara (Debt Camel) says
Tenancy agreements sound like good evidence that you were not living at those addresses.
In theory they have to prove it is you – it is often simpler for you to show it isn’t.
Check your current credit records (see https://debtcamel.co.uk/best-way-to-check-credit-score/) and if these alleged debts appear on there, ask for them to be removed.
Matt says
Hi – my credit card was charged last year by a hire car company for no obvious reason; I queried this with them when the charges appeared by they did not reply. I then asked my credit card provider for a chargeback which the hire company did not contest, so I was refunded. However, the hire company has now instructed a debt collection agency to secure the amount that was charged back. The letter I have received does not provide any reason for the amount they are requesting (there would be no other reason to my mind other than the chargeback).
How should I respond to them asking them to prove the debt ?
Sara (Debt Camel) says
Have you looked at your credit records and seen if this “debt” appears there?
Matt says
Thanks, Sara. Do you mean with Experian and the like ?
Sara (Debt Camel) says
Yes. See https://debtcamel.co.uk/best-way-to-check-credit-score/
This debt probably isn’t there but it’s good to be sure. Because if it is, you want it removed.
John O'Hara says
I have received numerous emails from Lantern stating that I owe money for debts. I sent them a ‘prove it’ email. Their response is below:
Thank you for your recent communication.
The above balance is regarding 3 combined balances in your name.
Elevate Credit International – Loan open date 22/01/2014 – Original loan amount – £235
Oakham – Loan open date 15/03/2018 – Original loan amount – £560
247 Money Box Loan open date 28/06/2018 – Original loan amount – £154
I’ve attached the credit agreements that we have on file.
Lantern are now the legal owners of the outstanding balance which is why we are getting in touch to see how you plan on managing this balance moving forward.
We are here to help and have a number of options available to help clear this balance down.
We look for forward to your response.
They sent me a credit agreement for Elevate and 247 Money.
They did not send me Oakham
So my understanding would be:
Elevate would be statue barred.
Oakham not sure on this one as they haven’t sent me a copy of the credit agreement
247 Moneybox I set up a payment plan
Just to add to this, Lantern were chasing me for a debt that wasnt theirs as I was paying another debt company. They refused to believe this. I then went to the FOS and won the case and compensation. I then start receiving these emails from Lantern
Any help with the above would be greatly appreciated
Sara (Debt Camel) says
Talk to National Debtline on 0808 808 4000 about the Elevate Credit debt and whether it may be statute barred – they have a template letter you can send if it seems likely it is.
I suggest you send them a formal request for the CCA agreement for the Oakam debt – National Debtline have a template letter for that too.
Mark says
Hi Sara, I am hoping you can share some advice that I’m sure will impact a few people out there.
I have received 3 letters addressed to THE OCCUPIER from a debt collection agency called CST Law. The last 2 received in the past 3 weeks (March 2023) from this company now threatening Court action. They state The Occupier owes £1,507 to the Peoples Energy Company. I have researched the debt collection agency and they have brought debt from several energy firms that have gone under.
I moved into my property in June 2021. I have gone over my records and it appears the previous owners where with the Peoples Energy company. I arranged a contract with a new utility firm when I moved in, even though it took a month to arrange I did provide the meter readings of when I first moved in. Therefore I THINK I am covered for the period.
Therefore I want to send a Prove it letter, and I want them to be clear as to the time period the debt was owed as this would clear up whether it was me or the previous owners. However I am very reluctant to provide any additional details to this firm as they appear to be quite unreputable in their behaviours.
Have you any advice, looking on the net, I am not the only one with this sort of issue at the minute.
Sara (Debt Camel) says
Don’t send them a general template Prove It letter.
Write them a proper letter explaining what happened. Give whatever additional details they need eg your new supplier and the date the supplier took over.
Emma says
Hi
I received an email from a law firm regarding a debt. It claims I owe a debt collector. It gives no details of the original debt. I don’t know what it is but should i respond to the email, as it does not include any personal info of me other than my name.
I also had a different email and I sent a prove it letter to them by post and they responded saying they couldn’t supply any documents until i confirm my DOB, I’m reluctant to supply them this, it shouldn’t be necessary,
Sara (Debt Camel) says
The simple way is to give them your DoB. Would you want them giving out your documents to anyone who claimed to be you?
TTS says
A trader did some landscaping work on my property. They didn’t carry out the work with due care example flooding due to no drainage, pergola collapsing, unfinished work etc. I have an expert report which I sent to them. To cut a long story short they sent a debt collection agency against me as I withheld final payment as they did rubbish and incomplete work.
I sent a letter to the debt collector saying the amount is in dispute etc. using this template https://nationaldebtline.org/sample-letters/complaining-to-debt-collection-agencies-you-do-not-owe-debt/ but saying it is in dispute.
They came back with this:
“Thank you for your recent correspondence regarding the case between yourself and my client
We are aware of your dispute but all that we have from you is a brief email which states the debt is in dispute. I hope than you are aware that to register a dispute you have to give full details of the dispute and the reasons why the service provided is not being paid for.”
They’ve been contacting me for the past weeks, emails, phone calls, texts etc. I have reported the case to the guild the trader is a member of so it is going through a conciliatory process.
I wonder if there is anything I can do in the meantime with the debt collector in the meantime. Do I really have to provide all the details they have requested. The template letter I used seems to suggest the onus is on them.
Sara (Debt Camel) says
This is essentially a consumer dispute – you don’t think the work that has been done is of sufficient standard. I suggest you talk to the Citizens Advice Consumer helpline on https://www.citizensadvice.org.uk/consumer/get-more-help/if-you-need-more-help-about-a-consumer-issue/ about what you can do.
Standard debt template letters are not of much help here.
Terrianne says
Hi
I have followed a 3 letter process, the final one being a cease and desist letter (moorcroft debt acting on behalf of close brothers insurance). They have replied to my cease and desist letter, saying they don’t believe I am opening a genuine dialogue and just following social media as a way of avoiding debt. They haven’t provided any of the documents I have requested, do I just report them to the ombudsman now? And send all the copies of the letters they have sent?
Thanks
Sara (Debt Camel) says
The three letter process is a legal nonsense. the Ombudsman is not going to be impressed.
What was this debt for ?
Zoe says
Hi Sarah,
A friend of my son used my bank account to set up two O2 contracts in my name. I had no idea until I started getting bills from O2. I reported it as fraud to the police, closed the account, contacted O2 who said they would freeze the account and pass it on to the fraud team. 5 months and over 15 calls to O2 later, I received a letter from Lowells saying I owe £775. I have a crime number, but no paperwork or proof of the details of the case.
I honestly do not know what to do. This debt is not mine and I have dome everything I can do by reporting the fraud to the police. I’m feeling so stressed after 5 months of being fobbed off and lied to by O2. I have never been contacted by their so called fraud team, despite the police having contacted O2 about the case. Please can you give me some of your brilliant advice , I just don’t know what to do. Thank you!
Sara (Debt Camel) says
how long ago was this fraud?
did you report everything to O2 on the phone or do you have an email of this?
Zoe says
Hi Sarah
Fortunately I have an email
I also have a crime number
On the phone to Lowell’s yesterday it transpired they have my date of birth wrong.
Is it worth fighting this or do I not have a. Hence despite clearly being a victim of fraud?
Would it be best to just set up a payment plan even though it is t my debt
The last five months have almost caused me a breakdown I’m not sure how much more energy to put into it if I’m wasting my time
Thank you so much for replying
Sara (Debt Camel) says
You are not wasting your time. I suggest you stop trying to do this on the phone – so stressful.
I suggesting you email Lowell at support@lowellgroup.co.uk with “Complaint – Identity Theft” as the title.
Set out in the email what happened with 02. Give the crime reference number. Attach a copy of the email to O2. point out they have your birtgday wrong.
Point out (if this is correct) that you have a very good credit record and do not have money problems.
Ask them to acknowledge that this is not your debt and that it will be removed from your credit record.
let me know how this goes.
Zoe says
Thanks a million.
I’ll try that and keep you posted!
Charlie says
Hello Debt Camel,
My wife recently received a letter from Marston Recovery (I suspect Marston Holdings) about a £400 debt owned to TFL Auto Pay service.
Promptly we have emailed TFL and CCd in Marston with all the reference numbers from initial debt recovery letter that included Marston Reference, TFL Client Reference and Proof from DVLA that the vehicle was sold prior to any PCN’s being issued by TFL. The DVLA evidence proves that we did not own the vehicle when the PCN’s were issued. (This was before we found your website).
TFL ignored all the reference numbers and asked for all the PCN numbers related to this claim. We did not ever receive any PCN’s, most likely because they were sent to the current vehicle owner.
A few days after TFL’s response, we have received another letter from Marston threatening further action against us.
Shall we send Marston a Prove IT! letter?
I am really worried they might try and force their way into the property (as per their google reviews seem to suggest) despite it being illegal to do so. On google review they seemed to enter properties while people were sleeping. Is there any way we could escalate this issue and gain some way of protection, as I am worried for our safety.
Sara (Debt Camel) says
A Prove It letter is not a magic wand.
What is the “further action” that Marston’s have threatened?
You have done the right thing by emailing TFL. I suggest you reply that you don’t have the PCN’s because you never received the tickets as the vehicle had been sold by then.
You could go to your local Citizens Advice and ask for their help with this.
Dave says
Over 20 years ago my wife took out a loan for £10,000 – we got into financial difficulties and the company agreed to freeze the interest and accept £17 per month. After a couple of years they wanted more money , and took out a CCJ – which declared that we should pay £10 a month – that was over 10 years ago – During this time my wife had given permission for me to speak (and write) on her behalf. The loan has been sold on again, and the company have phoned us numerous times asking to speak to me when – but refuse to speak to me when a gave my date of birth. I thought this was pretty strange (they should have been asking to speak to my wife, as it was her loan) – I have just received an Income Expenditure form for me to fill out, to see if they can increase the payment – and even though it is me named on the form, they have given my wife’s date of birth (This explains why they wouldn’t accept my date of birth) – So, it seems that somehow, over the years the debt has been transferred to my name (probably because I’ve been doing all the correspondence), but they have me registered with my wife’s date of birth – what should I do>
Sara (Debt Camel) says
what is your wife’s current financial situation?
Dave says
she’s on contribution based esa – We are just about breaking even at the end of each month.
Should I just carry on dealing with the company in my name, or should I tell them they were given wrong information about whose debt it is, and it’s my wife’s date of birth they have – I never filled in any forms, so they wouldn’t have my date of birth (We have a joint bank account, so it would make no difference to us – or would it cause problems?
Sara (Debt Camel) says
Can you say if she has any assets, eg equity in a house?
Dave says
we both, jointly, own our house
Sara (Debt Camel) says
Can I ask if your wife’s health problems are likely to be long lasting or indeed permanent – is she every likely to return to work?
Simon says
Hi ,
I was the director of a limited company a couple of years ago , the company had to take out a bounce back loan through 2020.The company has not been trading for 2 years now and the bank refused to close the business account due to the bounce back outstanding. The bounce back loan I have advised many times to NatWest that they were provided with no personal guarantee yet they carried on aggressively chasing me (the point of contact) and adding interest into the business account.i had the ombudsman involved and saved all communication by email , The ombudsman had them remove the interest occurred and any future fees on the business account.I have received a letter addressed to me with the business name on the front to my residential address stating they were provided this address for me and they wish to discuss a private matter ?.I have been reassured many times by different professionals that I know , that have all said I cannot personally be chased for the company debt therefore moorcroft can not start threatening proceedings at my residential address and to just ignore them.I do not want them turning up to where I reside as it will cause unnecessary stress to the family, the business address on file was over 2 years ago which I no longer have any connection with. I have no company assets either, Can you please advise where I stand as this letter has really bugged me , thanks 😁
Sara (Debt Camel) says
I think you should talk to the experts about this – phone Business Debtline on 0800 197 6026. https://www.businessdebtline.org/
Lucy says
Hello, just wondering what the best course of action is. Over 17 years ago I had an account with HSBC ( I was a student and they offered a credit card). I got into financial difficulty at uni with a store card which i eventually settled. I had changed banks when I finished uni and began my job and HSBC had contacted me saying I had outstanding debt. I have no idea how much it was for as it was that long ago. HSBC paid me PPI and took out the outstanding debt from the payment. Since then every couple of years I get different debt collectors saying I owe money, the amount started at around 300 and is now around 3000. When I first started getting them I sent a copy of the letter from the bank to a couple of debt collectors and then I would hear nothing for a year or so until another collector would contact me about the same thing.
I have moved since then and have no idea what I did with the original bank letter. It is now Lowell contacting me since Hoist sold them the loan. Is it worth me asking for a copy of the ccg?
Sara (Debt Camel) says
When I first started getting them I sent a copy of the letter from the bank to a couple of debt collectors and then I would hear nothing for a year or so until another collector would contact me about the same thing.
Why do you think this letter put the debt collectors off from asking you for payment?
Lucy says
I think I assumed as the letter showed I had cleared my debt with the bank it would stop them. As I never had anything else sent to me from the once they sent that letter with showing the breakdown of what they took out of my ppi payment.
I have checked my credit score/file on several sites and have never had it on show up on there.
Sara (Debt Camel) says
So has it been more than 6 years since your PPI claim? And during that time you have not paid anything to the debt?
Lucy says
Yes it’s been around 12 years with no payment. It will be quiet for a year or so and then another company will have the debt for around a year.
Sara (Debt Camel) says
Yes it’s been around 12 years with no payment.
OK, but can you say roughly when the PPI was reclaimed? Was that within this 12 years?
Lucy says
So I’ve been digging through my paperwork and I can’t believe I have forgotten this. In 2018 I had asked Robinson way to send me proof of the debt. They sent me a statement from my old bank with the account number etc, showing my repayments of the loan starting in 2007. At the end of the statement dated 2009 it clearly states Loan Early Closure (which I feel was around the time I got my PPI) and my balance is 0.00 and says Account closed.
Tacked to the back of this is 2 pages roughly typed out with no bank info from me from Robinson way is Historical Transactions made to the client/vendor and have not been received by Robinson Way. With 20 or 25 pound payments starting in 2011 and ending in 2014. All it has in it is the ref number from Robinson way, no info about who made these transactions. I am 100% certain I have never made any of these payments. There are even a few deductions from this page and a fees which total the deductions. I have never made any payments to any debt collectors over this nor have I had any dealings or letters with the bank since they cleared my account and I closed it in 2009.
Sara (Debt Camel) says
OK, I am a bit unclear if the debt Lowell are talking about is a loan, a credit card or an overdraft.
But it seems that you have not made a payment to it since 2009 when you made a PPI claim. As you deby any of the transaction up to 2014 were made by you.
I suggest you talk to National Debtline on 0808 808 4000 about this contact from lowell. They have a template letter you can send Lowell saying that the debt is statute barred. That would be applicable whatever sort of debt this is, wheras asking for the CCA agreement would not be applicable for an overdraft.
Lucy says
Hiya, it’s definitely not an overdraft as I’ve never had one. This was a credit card that the bank gave me with my student account.
Thankyou for your insight, it’s been so frustrating all these years.
Sara (Debt Camel) says
ok so if the statute barred route doesn’t work, you can then ask for the CCA agreement.
Glen Garry Glenross says
Hello Sara,
Energy Company claims – estimate billing
I hope your can assist, it seems crazy how companies can just out of the blue claim against you. How about on your website, a first ever case over over estimated energy bills? We are all customers to these agencies, yet no one complains about them.
I’m getting chased from pillar to post by the 3rd 4th…15th debt agency over a 7+ year disputed estmate bill with Scottish Power (does Scotland Limitations waiver apply?)
I’ve never agreed and fully disputed this then and ever since never received a call, email, letter. I assumed the “debt” would pass on. It finally has 6 years now.
From every debt agency post, I’ve replied in foreign “individual not résident” and some post went in the bin – rightful place.
I’m receiving Northampton County Court Business Centre correspondence. (I assume it may be genuine). I’ve ignored first letter from NCCB so far, but now I’m worried with this second, thinner letter. I don’t open them.
Please help.
Sara (Debt Camel) says
I suggest you start opening letters. Until you know what is happening it is hard for you to decide what to do. You may already have a CCJ…
Martin says
Good afternoon Sara,
I would appreciate any advice and help you can provide on my case.
Someone opened accounts in my name using my address, date of birth and name.
I received CCJ on my name from SSE which sold the debt to Moriarty Law for which I did not have any court papers or bills. I contacted SSE to complain, but they told me there was nothing that they could do as it was sold to a debt collector. I tried to contact SSE for a resolution but without any success. I tried Ovo, but they told me that not all the accounts are transferred and it’s possible that their complaints will stay unresolved and to ask the debt collector to prove the debt. I asked them to prove that the debt was mine and to give me all the information they held for me. After four months, I still haven’t received proof of the debt’s validity. Here are my questions and suggestions:
1. How did they receive the court judgment without proving the debt?
2. Can I file an official complaint to Moriarty Law and explain to them that if they can’t prove it, they should remove it from my name?
3. Can I write to the Ombudsman and ask for compensation from both SSE and Moriarty Law for all the loss and stress they have caused me?
I have dealt with this issue since April, and it has been very stressful and frustrating. I have contacted Citizen Advice and the National Debtline, but they have not been very helpful. Any suggestions you can offer would be greatly appreciated. Thank you in advance!
Sara (Debt Camel) says
how long ago was the CCJ? Do you know the address and dates the bill relates to? Can you prove you lived elsewhere at that time?
Martin says
Hi Sara, Thank you for your reply. The CCJ was from April 2023. I have lived at the address from 2018 till now and that is the problem. But I rent a room and have an agreement that states that I am not responsible for any bills as they are included in the rent. Also, I received a letter from the debt collector in which they explained that the client ( SSE ) stated that they came to the property and that I showed an agreement which was not true. They attached to the email the last bill and the accounts for gas and electricity were made around 2019 and finished in 2020. I remember that someone from SSE (not sure it was them but I think so) did come to change something a long time ago, but I have never stated that I pay these bills. I don’t know what to do. Can I request proof that I showed an agreement and that I stated that I owe them (which is not true)? Also, they state that I can pay half of the debt in 3 instalments. Or to apply to set aside. But I have to pay £270 which I will not get back and it’s so frustrating any advice or help will be appreciated. I also asked for Data they held for me before I contacted them so I hope there I can find something that is not right. I know that they have my real Date of Birth and that’s stressful. I don’t know what to reply to them if you can help it will be awesome. Thank you again!
Sara (Debt Camel) says
I think you should talk to National Debtline on 0808 808 4000 about a set aside. If you are on a low income you may be able to not pay the fee.
Ivan says
Good afternoon Sara,
I received a Debt Collection Notice from Hcollect on 11/11 (the letter was dated 7/11) and they claim to represent JC International Acquisition, for a £3800 debt that I completely unaware of. Nor it shows on my credit report, or if any of these companies have contacted me previously about owning any money. Not much other details were in the letter aside from the reference number.
I sent a ‘prove it’ using the template with all the details provided and a copy of the original letter they sent me, tracking shows they have received it on 14/11. However today I have just received an ‘offer of settlement – without prejudice’ letter from them (the letter is dated 17/11). May I ask what would be your suggestion for my next step, please? It will be much appreciated, thank you.
Ivan
Sara (Debt Camel) says
I suggest you reply that as your previous letters says, you have no knowledge of this debt and dispute it.
This is probably easier by email if they have provided one rather than posting thigs and tracking them.
Ivan says
Thank you for your reply previously, it is much appreciated.
I emailed them with the ‘prove it’ with the copy of the letter they sent me on 27/11, they have just replied to me (29/11) requesting my details as follows to list my email as trusted contact:
1. Full Name
2. Date of Birth
3. First Line of Address
4. Post Code
5. Telephone number
I have replied with the first 4 details as I am not comfortable with providing my phone number to them. May I ask if it is mandatory to provide my phone number, please? If they insist on asking for my phone number can I refuse and keep the communication within emails for the enquiries?
Thank you
Sara (Debt Camel) says
there is nothing mandatory here. It is just a question of what it is sensible to do get this issue resolved.
Bluenag says
Hi Sarah, I have a debt with a short term loan company that I took out in 2017. I last sent a near acknowledgement of this in February 2018 and this was the last contact. However, I also noticed that I sent a further email in 2021 asking the (new) collection company to prove it – I also said explicitly in the email that I didn’t not acknowledge the alleged debt. My question is – have I inadvertently restarted the statute period from 2021 despite not acknowledging anything? Or do you think I could reliably contact the new collection agents that have started harassing me out of nowhere to say that the debt is statute barred?
Thank you!
Sara (Debt Camel) says
I suggest you talk to National Debtline on 0808 808 4000 about this. If they think this is statute barred, they have a template letter you can send the creditor.
Mad Greek says
Hi Sara ,
I started to receive some letters recently from Lowell reference a hoist account , no idea what it but we did have some financial difficulties in the early 2000’s so responded with a stature barred limitation letter presuming it would be just that …
They have listed an account with Host financial for a GE capital card to the tune of circa £800.
They have said :
‘We note your comments, however, your account is not statute barred under the Limitation Act 1980. This is because litigation action has already taken place on the account.
A County Court Judgement (CCJ) was registered for this matter on 07/04/04 and you were deemed as legally liable for the balance. As a CCJ has been registered previously for the account, it cannot become statute barred.
Please be advised that contact will continue until you get back in touch with us.’
I have no recollection of this CCJ and it is nearly 20 years old according to Lowell …
What shall I do next , would a prove it letter be prudent ?
Many thanks for your help and advice ,
MG
Sara (Debt Camel) says
Do you recall having a GE capital card?
Mad Greek says
Not by name but i did have a Debenhams card if they were the lender … but don’t recall any CCJ at all …
Sara (Debt Camel) says
A Prove It letter isn’t ideal here. It is better to be cleared about why you don’t think the debt is yours.
I suggest you reply saying you have no recollection of ever having a GE Money card and you were never contacted about any CCJ in 2004 or afterwards. Say you dispute this debt and would like Lowell to produce some evidence that it is yours nd details of the alleged court judgment.
You can add that you have been informed that if these was a CCJ that long ago, then a creditor cannot enforce it without permission from the court.
Mad Greek says
Thank you Sara, I will respond and await a reply. Really appreciate your assistance :)
Mad Greek says
Hi Zara ,
Received this today:
Responding to your query
For your records, please see a small breakdown of the account below:
Product Brand: GE Capital-Store Card
Original client account number: xxxxxxx
The last payment made to the account was on 12th December 2005 of £100.00
The County Court Judgement was entered on 7th April 2004 with the claim number xxxxxxxx at County Court Sheffield.
The address the claim was issued to was xxxx ( my current address which we moved to in 2015 so unsure how it could have been issued in 2004?…
You will have received correspondence at the time to this address, however, as this was placed on your account previous to Lowell being the owners, I am unable to request proof of this.
Unfortunately, as the Courts have deemed you to be liable for the account and therefore, we would not look to dispute the account with the client. If you wish to dispute the account, we advise you to seek free independent legal advice.
Based upon the information we have provided, we feel that this balance is valid and owed.
How would you wish to proceed?
Next Steps
I’ve put your account on hold for 30 days to allow time for you to get back to us. If we don’t hear from you in that time, contact will resume.
————————————
Unsure what to do next as I really do not recall any CCJ nor can it have been issued to an address I wasn’t living at until circa 10 years after the event …
Kind regards,
MG
Sara (Debt Camel) says
So now you have a claim number, you can ask the court for details of this. See https://debtcamel.co.uk/unknown-ccj-credit-record/
it sounds unlikely there can produce anything, but you need them to say this.
then you can make the point about the fact that you were not living at that address either.
Beth says
Hi,
Received a letter from O2 saying they had sold an outstanding debt of around 50 quid to a debt company called Lowells for a phone number we don’t recognise from 2008. The letter says the last payment made was for 29 pounds last July but we have no idea what thus is for abd never had any contact from O2 to say they were owed any money.
What should we do?
Sara (Debt Camel) says
Have you ever has a contract with O2?
paul says
Hi,
I have today received a letter from ResolveCall on behave of Intrum saying that they have been instructed to collect an outstanding balance of over £8000. It looks as if Intrum have purchased this apparent outstanding dept from Abbey National. It relates to a credit card opened in 2001 and the last interest payment and contact made was 2004. I have never had a credit card with Abbey National and this money was not taken out by me.
I have looked on credit rating sites to see if this shows up and it does not. Surly this should be Statute Barred anyway? Do you think they may just be fishing as I have a very common name?
I have contacted Action Fraud and received a crime number as this does not relate to me. I have passed this crime number to ResolveCall and they have passed it back to Intrum. ResolveCall said that they will now not enforce collection.
Do you think I need to do anything else to resolve this?
Thanks
Sara (Debt Camel) says
No need to do anything else at the moment.
If you get any more contact in future, just repeat this is not your debt, ask them to produce the Consumer Credit Act agreement for the debt if they disagree, and point out that in any case the debt would be statute barred.
Elena says
Hi,
Received a letter from Lowells saying the bought SSE acounts at 2020. All our gas bills paid for sure.
They sent the letter again. About The time period it’s about a year ending march 2019 – 5 years.
Also embarrassing us – The landlord sending us this letters. And we answer again and again that we have never left an unpaid bill.
We don’t live there nor in the UK anymore.
I don’t know what to do, to send prove it letter or not?
Thanks
Sara (Debt Camel) says
when did you leave the UK? had you left the address the SSE debt relates to before then?
Adele says
Who can I go to if part of the debt was mistaken identity?
Local council had me pay £8,000 debt for arrears of HB & CT & still ongoing .
They admitted to one occasion but not others .
I’ve exhausted all channels
Sara (Debt Camel) says
How can arrears of HB and CT be mistaken identity? How large are the arrears that remain?
How large are your other debts?
stephen says
Hi, I have received a letter from Lowell’s saying I owe money to Idem.. who I believe are another debt collection agency. I have absolutely no recollection of what the debt could be for and have never had any dealings with the apparent Idem that I owe the money too. Should I send a prove it letter ? Thank you in advance.
Sara (Debt Camel) says
This may be a very old debt, so old it is unenforceable in court.
Yes, send Lowell a Prove It letter. Then see what they reply.
stephen says
Hi thank you for your response it’s very appreciated. I sent the prove it letter and got a response.
Agreement start date 07.04.2006
Brand – Idem ex Lloyds
Product – Lloyds LTSB credit card
Client last payment date – 03.07.2019
Default date 05.03.2012
I have no idea what this is. I have one credit card with Halifax and the balance is £0. The alleged agreement start date I would have been 15 years old so wouldn’t be able to have a credit card ?? Any more help or information is appreciated thanks again.
Sara (Debt Camel) says
So you have never had a credit card from Lloyds?
Reply saying that and point out your age.
Say this looks like a mistrace (that means its someone elses’s debt that they incorrectly think is yours.) Ask them to confirm they will not be contacting you about it again.
stephen mcgowan says
Hi Sara,
I know have written confirmation that this was in fact an mis trace however I am now receiving letters again threatening further recovery action ! How do I make these people go away. Can I threaten harassment?
Sara (Debt Camel) says
Checking I have understood this right – you have written confirmation from Lowells that this is a mistrace and yet lowells are still sending you letter threatening recovery action?
stephen mcgowan says
That is correct ! I received a letter a few weeks back apologising for the mis trace, said there would be no further contact and now the letters have started again for the same debt…..
Sara (Debt Camel) says
oh boy
Time for a formal complaint.
If you have an email address from them, send it to that and cc ashley.wynn@lowellgroup.co.uk If you don’t have an email address, send it to that Ashley address. Put COMPLAINT as the subject line
Say what happened briefly. Say on dd/mm/yy Lowell confirmed this was a mistrace and there would be no further contact.Say how many letters/other contacts you have received since then.
Ask them to confirm that you will not receive any more and for £50 in compensation. Say if this has to go to the Ombudsman of the if the letters continue you will be asking for additional compensation.
stephen mcgowan says
Thanks for you help once again Sara.
Email sent stating all above and have received a response saying after further investigation they believe the debt is mine. I feel like I am banging my head against the wall. I have no recollection of this debt and don’t understand how I could have a Lloyd’s credit card in my name at 15 years old !
Sara (Debt Camel) says
reply to them saying that you dispute this debts is your and pointing out that it was taken out when you were 15 years old.
Ask them to produce evidence that the debt is yours including a copy of the Consumer Credit Act agreement and a statement of the account.
stephen mcgowan says
I have sent a further email however in the response to the complaint they mentioned
“ due to the age of the account we would not be about to supply you with documentary evidence because it would be outside our retention period for holding to documents.”
Sara (Debt Camel) says
Then reply asking them to confirm that the debt, which you still dispute is yours, is unenforceable as they cannot supply a true copy of the CCA agreement and probably statute barred as well. Ask them to confirm that they will not be contacting you any further about this debt or you will be sending the complaint to the Ombudsman and asking for compensation.
Rachel says
Hi Sara, I received a letter from ACI about a debt with HSBC saying i should contact them or they will send someone to my home. The last correspondence I can find from hsbc is from 2013. The debt relates to am overdraft. I sent the statute barred letter via email to them but got no response. Today I got another letter saying they’re sending someone to my house as I didn’t respond to them. I’ve got nothing on my credit file about this and can’t find that a default was ever issued either. Can you offer any advice please. My mortgage is literally about to go through and this is panicking me
Sara (Debt Camel) says
were you aware that you did have an old unpaid HSBC overdraft?
if the debt isn’t on your credit record, it is likely that a default was added more than 6 years ago so the debt has dropped off.
N says
HI Sara,
I’ve received a letter from QDR Solicitors on behalf of Lantern, who say I have a debt with from 2018 – I wrote to say the account was statute barred and asked for them to prove it and they sent a payment schedule with a random payment from 2019 which does not line up with my own records (as the debt doesn’t appear anywhere on any of my credit reports or bank accounts. I wrote to them to refuse to deal with QDR as the debt is not with them and asked for the account to be sent back to Lantern, which they refused. I’ve now been given a 30 day warning and I wonder if it’s time to give them a Prove It letter to acknowledge that I don’t owe them the debt?
Thank you,
Natalie
Sara (Debt Camel) says
Do you recognise this debt? who was the original lender?
N says
Hi Sara, I think it was from a Lending Streaam loan a looooong time ago. They did send me the record of payment, but the agreement was from August 2017 (and the last payment around November of that year) – it was my fault that I didn’t sort it, but I wasn’t aware of making any payments, there’s a ‘Default Fee’, a’Termination Fee’ but then a random payment around 2019 which I don’t recognise at all.
Sara (Debt Camel) says
had you borrowed from LS before that loan?
there is no point in writing a prove It letter if you know what the debt is, it isnt some kind of magic bullet. Better to talk to National Debtline on 0808 808 4000 about contesting statute barring and get your bank statements to prove you never made that payment. .
what is this 30 day warning – have you been sent a letter before Action/Claim with attachments including a Reply Form?
Natalie says
Hi,
Thank you, I’ll talk to the Debt line folks for help on contesting.
The letter says:
‘Thank you for recent correspondence, the contents of which we have noted.
Please see above the information that our clients have provided concerning this matter, where interest and charges have been frozen.
Please note, we are acting on behalf of our client, Lantern Debt Recovery Services Limited.
The above matter has been passed to us; therefore any further communication should be directed to ourselves.
We have held this file for 30 days to allow you time to arrange payment.
Failure to make payment will result in the file remaining open and further contact being made. ‘
I was sent a letter but could not open it as the link and information was faulty.
Sara (Debt Camel) says
ok, that isn’t a Letter Before Claim. See https://debtcamel.co.uk/letter-before-claim-ccj/ for what one lonns and wna dwhy you mausnt ignore on ei fyou get one.
When you reply to QDR make the point that you were unable to open the attached letter and ask what it said.
L says
I have received a letter about an accident I had. The company says it’s acting on behalf of the client but says nothing about the actual amount I owe! They are threatening a ccj but haven’t said how much they are claiming for? But threatening legal action. I don’t want to respond unless I know what is owing? I’m scared can you help?
Sara (Debt Camel) says
what sort of accident? do you think you may have been at fault?
Christopher says
Hi I received a letter from ACI about a debt from HSBC I cant remember what it is for maybe an overdraft but looking through my current bank statements I transferred to Halifax 17 years ago so must be that old. I have ignored there first letter nothing thinking anything of it as its not on any of my credit files which i make sure are all up to date. The second letter i just received saying they have now instructed Verify to visit me at my home address.
What is the best action for me to take? Any advice most appreciated.
Thank you Chris
Sara (Debt Camel) says
Talk to National Debtline on 0808 808 4000 – if they think it is “statute barred” and so too old to be enforced in court, they have a template letter you can send ACI, and tell,Verify you have sent this
claire liggins says
Hi, I have sent a ‘prove it’ letter as advised by CAB to Cabot Financial. Their response is claiming that a debit I have an old debt that defaulted 9/5/2011 and last payment received was 27/11/2013. They claim notice of assignment sent to me 6/7/2013 and they had received payments from 26/4/2013 – 27/11/2013. They say they placed account with Mortimer Clarke Solicitors 11/5/2015 – legal proceedings 4/9/2015 to court and CCJ places 3/7/2015 and 6weeks prior to this the Court had been informed I no longer lived at that address. MCS had returned account to Cabot 1/4/2019. They claim that due to the CCJ 3/7/2015 in which I has not been aware of any of this due to a marriage breakdown I had no fixed abode. They said’ As legal action has been taken and a CCJ has been obtained on 03 July 2015, the account is no longer
subject to the Statute Limitations Act and therefore will never become statute barred. Please could you advise as I have no knowledge of any of this and nothing shows up on my credit file
Sara (Debt Camel) says
You can go back to Citizens Advice or talk to National Debtline on 0808 808 4000 about your options here
Stephen Smith says
Hi,
I have received a email from OposLimited regarding a debt from Kapama Limited Mini Credit, and I owe approx £1400.
I sent a ‘prove it’ letter to OposLimited as I have never heard of Kapama Limited Mini Credit, let alone owe money to them.
OposLimited replied stating they need my DOB, address, and a contact number before they can respond to my letter.
Is this true? I don’t want them to have my details as I know this debt isn’t mine. They are quoting
“In accordance with the Data Protection Act 2018, we require these details to be confirmed before we can discuss or disclose any information regarding the account:
Full address including postcode
Date of birth”
Do I have to provide my details?
Regards
Smudge
Sara (Debt Camel) says
You could tell them you will not be responding to any further emails unless they provide some additional information about the debt, which you have no knowledge of. Add that googling for information about mini credit suggests they ceased trading in 2014, so any debt would be likely to be statute barred.
Stephen Smith says
Thanks for the reply.
Have followed your advice from an earlier thread (they would already have my details, they are just confirming), and provided them with my address and DOB.
I await their response. Thank you for the i for on ‘Mini Credit’ i will use your statute template if need be.
Regards
Sandra says
I moved into a rented flat on 15/10/22. The landlady informed me the Scottish Power Gas Meter was dead and as such was no move in meter reading. Although I had already instructed British Gas to supply Gas, I contacted Scottish Power to let them know this and that I couldn’t provide meter readings from the date I moved in or up until the switchover due to the Gas Meter being dead. They replied saying British Gas had taken over the supply on 15/10/22 and it was up to them to fix the Meter. I have just received a letter from a Debt Recovery Agency claiming I owe £68.00 for Gas from Scottish Power from 15/10/22-7/11/22. Obviously, British Gas didn’t complete the take over of supply until after the 15/10/22. I have asked for a full breakdown of this debt from Scottish Power who say as this is in the hands of the Debt Recovery Agency, they don’t have these details. I acknowledge that I owe for Gas up until the switchover but can I be asked for a random amount without being shown a full breakdown of the £68.00? ie Gas used, standing charge, VAT. No meter readings were ever submitted to Scottish Power due to the Gas Meter being dead. British Gas replaced the Meter.
Sara (Debt Camel) says
I suggest you contact your local Citizens Advice about this