Thread: T-Mobile & Lowell Portfolio/Hamptons Legal/Red Debt collection

I've recently recieved 3 letters and 3 phone calls from Lowell Portfolio, Hamptons Legal, and Red debt collection agency regarding an alleged debt to T-Mobile of £135.71 (which they claim will go up to £218.06 if I don't settle it quickly). I've had dealings in the past with 2 other debt collection agencies regarding this matter. In both cases I sent variations on this letter (please read, since it pretty much sums up what started this whole mess):

Dear Sir/Madam, With reference to your letters, I should give you a little information on my dealings with T-Mobile, then perhaps you can understand why I haven’t made any attempt to settle my T-Mobile account.
Around November/December 2003, I was contacted by someone with a heavy foreign accent offering me a ‘free’ mobile phone with a free digital camera with a value of £99. The caller made it sound as if I had won a prize from T-Mobile so that I could try out their service and tell my friends about it to encourage them to sign up to T-Mobile. I was told that it would cost me £13 for this offer, which I assumed would be used to cover postage and handling charges. I was then transferred over to a different person to take payment details. When the time came for the caller to take my bank details so that he could charge the £13 directly to my account, I was naturally reluctant to give them my details, but he assured me that before any money could be taken from my account I would be required to sign and return a ‘direct debit Mandate’ form. After the call was over I started to wonder if the charge was actually a monthly fee. 1-2 days later my fears were confirmed when I received another call from T-Mobile to confirm that I was happy to commence with the sign-up process for my monthly contract phone. At this point I told the caller that I didn’t want the phone any more as I’d rather have a pay-as-you-go phone, to which he replied that he would cancel the phone and account.
Despite my cancelling the phone and account, about a week later the phone arrived anyway via Citylink courier and was signed-for by my sister. A few days after that the digital camera arrived by regular mail (the £99 value of the camera was a gross exaggeration – I could probably have bought a far superior camera at the time for less than £30). I waited to see if anyone from T-Mobile would contact me to arrange the return of the phone, but no call was made. A few weeks later I received a bill from T-Mobile for the £13. Due to admittedly poor judgement on my part (and probably partially due to the chronic depression from which I was suffering at the time – for which I received treatment soon after), I chose to ignore the situation with T-Mobile for the time being.
Some time after the second bill arrived a month later, I visited my bank and had them cancel the Direct Debit. I received a further 2 bills from T-Mobile, then a disconnection notice. I was quite astonished that they had not realised that the phone had never been activated.
As you can see, intentionally or not, T-Mobile misled me from the very start. The way I see the situation, I should return the phone, sim card, and camera and T-Mobile should reimburse me for the money they took from my bank account.
I welcome any other suggestions you may have as to how we can settle this matter to the mutual satisfaction of all parties concerned. Thank you for your time.

Yours faithfully,

In both cases of sending this letter I had no further correspondance from either collection agency.

I was going to send another slight variation on this same letter to Red/Lowell to see if that would settle the debt but, having found these forums a while ago, I thought it would be a good idea to get some advice from the experts who frequent these forums.

My Dad took the first and last phone calls from Red - the latest occurring today (04/02/2008) at about 9:30am. In the first call, which I told my Dad I wouldn't take, as I want any correspondance with myself to be in writing, he described - a little inaccurately - the events I've described in the letter. In the second call I explained to Red that I wouldn't talk to them on the phone and that they would have to carry out any correspondance with me by post. The third call was basically a repeat of the first, but my Dad was more accurate with the details. I mention these calls because I wonder if the third amounts to harrasment, seeing as I already told them I want all correspondance in writing.

FYI: I have all correspondance/documentation regarding this issue locked safely away in my filing cabinet. I am prepared to pay a total of £54 to settle the debt, as I believe that is a fair price in 2003 for the phone minus the £26 T-Mobile already took from me - though I haven't told anyone this. Also, I live in Scotland, in case that makes a difference to my legal rights/procedures.

Basically, I'm now wondering what my best course of action would be. I don't really know what legal rights are, so any advice would be greatly appreciated.

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Thanks Brassed Off, but I think this might have been better off in the debt collection forum, since at the moment it's more about the debt collection agency than T-Mobile.

Anyway, I've basically ignored Red/Lowell since their last correspondance. Their latest move (19/02/2008 ) was to send a letter offering an "early settlement figure" of £67.71. To me it seems that they have no proof of the debt and that they know they won't be able to force any money from me in legal proceedings. Am I correct?

My Dad has suggested that I send them a post dated cheque which will be cancelled, unless they send me a signed & dated statement before that date saying that the debt will be removed from my credit record as completely as possible. Having read some things about the apparently shady practices of Red/Lowell, I'm reluctant to send them anything, as they might use it as an argument that I accept responsibility for the debt.

Any advice would be greatly appreciated, as I'm in the dark here on how best to proceed.

Hi I recently recieved a letter from Lowells to my dad's address (I havent lived there in over 5years so I was quite surprised when he called to say I had mail... I nearly died when I opened it. It was a bill for £634.50 for o2 but it stated no dates etc I know it is from 2005 but the puzzling thing is i remember recieving a bill for £380 which was passed to debt collectors then I got the letter from O2 stating they were stopping my contract etc I know I paid most (if not all) of the £380 but as it was nearly 5years ago I cannot quite remember!! Funnily enough about 2yrs ago I was with the then debt collectors for another debt and I asked them about the O2 debt to which I was told there was no record of the debt on their systems and when I have checked my Experian Credit report I also found no trace, so this has come a bit of a shock (I can only assume my default lies with maybe another credit agency)

Anyway I wrote to Lowell asking for the CCA but got the response back of "it doesnt apply to mobiles" but that they will "endevour to get hold of an exact break down of the account" from O2 I have not corresponded further but am now left wondering which way to go.

Any advice will be greatfully recieved. x x