In need of help with lowell portfolio, please help!

[mark19mc]

Hi
I'm new to this site so havent had time to read through every forum to see if this is covered already, sorry if it is but I'd appreciate some help.

I recently recieved 2 letter, one from T-Mobile and one from Lowell Portfolio I Ltd. The letter from t-mobile just said that they have sold o my debt of £446.75 to lowell portfolio on 15/09/2006.

The second letter, which was actually from Lowell Portfolio was demanding the money.

My problem is I didn't even realise I owed T-mobile anything. I don't ever recall having any type of contract phone. So firstly I called Lowell Portfolio who told me they didn't need proof it was mine, I had to prove it wasn't mine and if I didn't pay they'd send around the baliff's. So I hung up.

I then rang t-mobile and spent ages on the phone and because I don't recall this account the woman I spoke to took me through what they called a disclaimer form and said they would investigate it in there fraud department and I should hear back within 10 working days. I can not 100% say it isn't my debt as the account is from September 2002, I was going through a real tough time then, I was young, stupid and had a lot of other stuff going on.

I never heard back from t-mobile (I called on 11th April) and I got another letter from Lowell last week stating that they had now informed Red Debt Collection Services to collect the debt. So again I rang t-mobile and was asked to redo the disclaimer form with them, so I did. I also rang Lowell who again just refused to accept a) the debt may not be mine b) even if the debt is mine there is no way I can afford £485.

I'm now getting worried about this, they are a fairly nasty company to deal with as far as I can tell from 2 phone calls. I am still getting letters from them even though t-mobile are saying I wouldn't be.

On saturday I then recieved another letter from t-mobile which jut stated that the account in question was now no longer anything to do with them and had been sold off to Lowell, so I am guessing they aren't looking into the account to confirm that it is mine.

So my questions are, a) is it down to me to prove to lowell that it is/isn't my account or do they have to prove that to me? b) If it is mine these guys seem unwilling to come to an agreement over a period of time stating in the letters that they now want full payment, I don't have the money, I really struggle to get by as it is, is there anyway I can get this cancelled/very low installments?

Sorry if this is a mess, I'm not to good at explaining thing but any help would be much appreciated.

[setmefree]

Dont worry on the site you will find a link relating to a CCA template,copy this and send it to Lowell Portfolio or Red Debt Collection Services whoever now has this debt this will soon shut them up.

And don't pay no one a penny til they supply you with one.

[mark19mc]

thanks, is that letter N under the templates section in general debt?

[setmefree]

Originally Posted by mark19mc

thanks, is that letter N under the templates section in general debt?

yes that's the one
GOOD LUCK

[setmefree]

Also make sure you send it recorded delivery

[mark19mc]

ok thanks for your help, I will do that tomorrow and see what they say

[mark19mc]

Hi, I sent the CCA letter to Red debt Collection and got a reply this morning, which has left me kind of confused. The letter said:

Dear xxx

We're in receipt of your copy for an executed credit agreement in accordance with section 78 of the consumer credit act 1974.

The agreement of which you seek is not a regulated consumer credit agreement and is not governed by the terms of the Act above.

Our client therefore has no obligation under the provisions of the Act to supply the imformation requested by you.

Please find enclosed your postal order for the £1 administration fee.

Please be advised that the account has been sent back to client and we are no more dealing with it.

We trust this clarifies the situation and meets with your requirements

Yours sincerely,
Alison Shepherd
Customer Services.

My question is, does anyone know what happens next or what this letter actually means? Any help is appreciated.

Thanks

[Robdblynd]

Think what they're saying is they don't have any paperwork to enforce the debt so they've passed it back to Lowell.

Have a read at this, it might help cos this guy tackled Lowell and won.

http://www.consumeractiongroup.co.uk...ht=Diskmandave

Good luck.

[Zimmie]

Hi, Red Debt Collection are, I understand, another part of the Lowell Group. I'm wondering who their 'client' is? Do they mean Lowell or T-Mobile? If they mean T-Mobile...well some porkies have been told regarding the sale & purchase of the debt! If its been passed back to Lowell...well its up to them to prove it's your debt....and they cannot send baliffs around, they can threaten you with a doorstep collecter, but they have no right of entry, so you can ask them to go away.
If Lowell make anymore contact...don't phone them, as you found out they didn't graduate from charm school. Keep everything in writing so you can keep a paper trail for evidence if needed. Write & tell them you will only communicate in writing...and only give any personal info on a need to know basis..they are a very sneaky shower!
Good luck

[mark19mc]

Ive kept all the letters, including a copy of the one i sent them and will print out the electronic proof of delivery. It doesn't state on the letter if they mean they are sending it to lowells or t-mobile, but the last i heard from t-mobile was that they were no longer interested in it because they had sold the debt which they said to me meant that I don't actually owe them anything.

What I don't understand though is red debt are saying that they don't have to provide proof because the agreement is not covered under the Consumer Credit Act, is that true? Ive looked around online and there seems to be some debate about the consumer credit act applying to contract mobile phones.

[Zimmie]

Hi, yes I've read quite a few threads regarding mobile phone contracts not coming under CCA 1974. Even so I would have thought that there must be some paperwork relating to such contracts. I've only ever had a PAYG phone so I've never gone through the process, but I've seen others in mob phone shops completing pages of stuff with shop staff to set up contracts.
Anyway what I'd do is wait and see if Lowells come back to you, if Red Debt don't want to pursue you...maybe Lowells won't

[mark19mc]

Red Debt is Lowell! It says on the bottom of the letter 'Red Debt is a trading style of Lowell Financial Ltd' So hopefully they have gone away but surely if they do come back they would have to at least provide some proof that this was actyually my phone in the first place.

I don't know if it makes any difference but t-mobile have told me the phone was sold through Phones4U, Ive checked my bank statement froms the time they say this phone was being used and there is notjhing going out to either t-mobile or phones4u

[Fahrenheit63]

Hi mark,

i am going through the same problem as you from Lowell portfolio and T-mobile. i didnt see any post how it ended.

did Lowell supplied you the invoice from T-mobile?

is there was any court action?

any information regarding that would be appreciated.

Thanks