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  • Reply to my prove it letter from DCA (need advise if possible)

    Hi this is my first post, someone has pointed me towards this forum with the hope of getting some advice.
    I recently received a letter from a DCA threatening court action over a telecomunications account I don't remember taking out. The debt they claim is 5 years old.
    Upon receiving the letter I decided to challenge the debt and sent them a prove it letter in standard template form.
    I received a reply back a month ago stating the telephone number and the cost of the debt. the DCA also stated that they would apply from the original creditor for a statement.
    Today I received another letter from the DCA.

    In the letter it has stated.
    We have enclosed documentation from ..............
    We have included a FAQ sheet.
    The documentation sent was a print screen off a computer of some random numbers and a few dates. there is no official statement nor any address or name (or phone number) on this so called documentation. In fact it could belong to anyone it has no solid connection to me or even the phone contract their referring too.
    In the FAQ sheet it says


    Why have I not been sent the statements for the dates requested ?

    The original creditor has only been able to provide the enclosed statements , this may be because of the time that has passed since we purchased the account , or, due to the age of the account


    How can I reply to this letter without admitting any liability. The documentation I believe is not valid proof I owe the debt. Could you please advise me if this is a acceptable form of proof. Can i reply back stating that and threatening to contact the financial ombudsman ?
    Thanks for taking the time to read.

  • #2
    Hello

    Are you being pursued by a Debt Collection Agency on behalf of the original creditor (telecom company) or has this alleged debt been assigned (sold) to a debt purchaser?

    DCAs don't own debts.

    If it's the latter, then I guess it may be Lowell Portfolio.

    Who are they saying was the mobile phone provider?

    If it was Vodafone, were you a student when the account/contract was allegedly opened (I have a reason for asking)?

    Or just post a bit more information.

    Di
    Last edited by Diana Mayhew; 28th October 2019, 23:50. Reason: typo
    Legal Disclaimer

    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. My Direct Line is 0151 254 6986 Our initial advice is always free.

    Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

    Comment


    • #3
      Hi,
      It is indeed Lowell who are chasing.
      I have no idea if it's been assigned to them however there is a default I have recently discovered upon applying for a mortgage in their name.
      The alleged account is 02. Not a student
      I honestly don't recall taking the account out which is why I sent a prove it letter.
      They claim the account was taken in 2014. the statue barred date is next year I believe.

      Comment


      • #4
        Originally posted by Mik3y View Post
        It is indeed Lowell who are chasing.
        I have no idea if it's been assigned to them however there is a default I have recently discovered upon applying for a mortgage in their name.
        The alleged account is 02. Not a student
        I honestly don't recall taking the account out which is why I sent a prove it letter.
        They claim the account was taken in 2014. the statue barred date is next year I believe.
        So I was right about Lowell.

        In my experience they are a debt purchaser who buys telecom debts. I have many strengths but being psychic isn't one of them

        I'll pop back tomorrow with more questions.

        I can't at this stage comment on the potential SB date, but it may be dependant on when the minimum contract term expired, and/or whether the required notice was given. However since you deny you ever had a a contract with O2 then that won't be relevant. If you never had a contract then how can that contract become Statute Barred?

        I would normally ask you whether the contract included a handset (so the contract may have been regulated under the Consumer Credit Act) but since you say it wasn't your account/contract that will be irrelevant too.

        Di


        Legal Disclaimer

        I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. My Direct Line is 0151 254 6986 Our initial advice is always free.

        Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

        Comment


        • #5
          Thank you for your assistance, I will gather the paperwork I have had from Lowell to futher assist you. Sorry for being vague ill gather as much info for you as i can.
          Perhaps you could tell me if the proof they have provided is acceptable ?

          Comment


          • #6
            Originally posted by Mik3y View Post
            Perhaps you could tell me if the proof they have provided is acceptable ?

            If you never had a contract with O2 how can it be ?

            Di
            Legal Disclaimer

            I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. My Direct Line is 0151 254 6986 Our initial advice is always free.

            Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

            Comment


            • #7
              Originally posted by Mik3y View Post
              [B] I recently received a letter from a DCA threatening court action over a telecomunications account I don't remember taking out. The debt they claim is 5 years old.
              Upon receiving the letter I decided to challenge the debt and sent them a prove it letter in standard template form.
              I received a reply back a month ago stating the telephone number and the cost of the debt. the DCA also stated that they would apply from the original creditor for a statement.

              . . . . The documentation I believe is not valid proof I owe the debt. Could you please advise me if this is a acceptable form of proof. Can i reply back stating that and threatening to contact the financial ombudsman.

              May I just check whether the letter you received from Lowell was a formal 'Letter of Claim'? If so then there is a specific way of responding.

              Since you don't recall the debt my suggestion is to send a Subject Access Request to O2 to see what data they hold on you (if any).

              So far you've been sent documents by Lowell which you say don't link you to the account i.e. no name or address etc. If they want to succeed in court they would have to evidence that this is/was your account.

              Is there a possibility that you may have been the victim of identity theft?

              If you've never received any communication from O2 in the last five years, is there a remote possibility that paperwork was being sent elsewhere, or the account was being conducted online, perhaps by someone else? Perhaps you've moved address more than once in that period?

              I note your suggestion of referring this issue to the Financial Ombudsman. Lowell have a Complaints Procedure here > https://lowell.co.uk/complaints-procedure/

              You'll see that if your Complaint isn't resolved Lowell advise you can refer it to the Dispute Resolution Ombudsman > https://www.disputeresolutionombudsman.org/

              Di

              .

              Legal Disclaimer

              I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. My Direct Line is 0151 254 6986 Our initial advice is always free.

              Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

              Comment

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