I sent this message via equifax....

I dispute the default on this account and ask that proof is provided of the default notice and the signed credit agreement as I have no recollection of ever signing such a document.

Credit Report Ref No : XXXXXXX

Company Name : Lowell Portfolio

Current Balance £ : 713

House Name or Number : X

Post Code : XXXXXXX

THIS IS THEIR REPLY:

Hi,

The default refers to an Orange account that Lowell purchased. We are unable to remove the default. Please be aware that the agreement the customer requires is unavailable as this is not a regulated agreement under the Consumer Credit Act 1974, and therefore our client has no obligation to provide a signed agreement under the provisions of the Act.

In the case of mobile contracts, inserting the SIM card and usage of the equipment is taken as acceptance of the terms and conditions of the contract.

Please ask the customer to contact us directly to discuss the account further.

0844 844 4716

[email protected]

Thanks

Can anybody advise the next step please.

Thanks guys

I like that phrase about inserting sim card and using the equipment. Utter tosh.

They can prove Activation and usage of sim and equipment but not who activated it...

I like that phrase about inserting sim card and using the equipment. Utter tosh.

 

They can prove Activation and usage of sim and equipment but not who activated it...

Yep I had a little giggle at that myself.

Just wondering what the best course of action is now, how do I go about this in the most effective way.

just make a formal complaint to lowells, ICO etc will not action until you do so and get a final response, equifax are the worst of the three

it wouldn't of been lowells but orange [EE] that marked the file before sale of the debt.

barking up the wrong tree not lowells problem.

dx

it wouldn't of been lowells but orange [EE] that marked the file before sale of the debt.

 

 

barking up the wrong tree not lowells problem.

 

 

dx

My mistake, I will send the same message to EE.

Letter sent to EE, should be interesting

Mobile phone contracts are not a credit agreement per se, they are a service agreement, although O2 have rolled out both together whereby you pay for the service and then have a credit agreement for the handset.

Mobile phone contracts are not a credit agreement per se, they are a service agreement, although O2 have rolled out both together whereby you pay for the service and then have a credit agreement for the handset.

So have virgin mobile

You should request a copy of the original agreement or proof that it was you who took out the contract if it was taken out via the web or phone from orange

Might be worth requesting the same from Lowell, as well as including that usage of the sim doesn't show who used it

You could send a Subject Access Request to the phone company - this should give you some idea of when the contract was entered into and what numbers were called so you can more fully dispute this.

You could send a Subject Access Request to the phone company - this should give you some idea of when the contract was entered into and what numbers were called so you can more fully dispute this.

Received this from Lowell after sending them a message explaining that I do not acknowledge the debt and it's not mine basically

Hello XXXX,

Thank you for completing the security checks.

I understand that you would like a signed credit agreement to be sent for each of your 2 accounts xxxx & xxxx.

Unfortunately Telecommunication accounts are service agreements and not credit agreements

and, therefore, they are not governed by the provisions of the Consumer Credit Act 1974.

As such, there is no requirement to complete and sign an agreement in order to obtain an account of this nature.

As you are probably aware, accounts of this type can be obtained by telephone, over the internet and by mail order.

In the case of mobile contracts, inserting the SIM card and usage of the equipment is taken as acceptance of the terms and conditions of the contract.

Please see below for a brief summary of each account:

Our Reference: xxxxx

Formerly: Orange

Current Balance: £713.13

Original Reference: xxxxx

No plan in place

Our Reference: xxxxx

Formerly: Vodafone

Current Balance: £111.55

Original Reference: xxxxx

Kind Regards

Where do I go from here

so someone used your name so what bugger off lowells

prove it was me.

had you moved about that time?

dx

Did you have an account or are you saying this has been set up in your name fraudulently?

 

Our Reference: xxxxx

Formerly: Vodafone

Current Balance: £111.55

Original Reference: xxxxx

 

Hi fusiondoe,

If you'd like any help from me with the Vodafone side of things, email me with your details via the Contact us form here and quote the code WRT135 - CAG Forum in the subject line.

Once sent, you'll receive an automated reply with a reference number. Post back with this and I’ll check I've received it.

Kind regards,

Lee

Social Media Comms

Vodafone UK

so someone used your name so what bugger off lowells

prove it was me.

 

 

had you moved about that time?

 

 

dx

ive received this reply after asking for an original copy of the 'service' agreement disconnection notice

Thank you for your query to Orange.

Unfortunately we are not able to locate your account. We request you to please provide more information like your complete name, registered address and the telephone number you have/had on the account. Alternatively you may also attach a copy of the credit file showing the disputed entry.

This can be emailed to [email protected]. Alternatively you can post this to us at the following address:

Orange

Credit Referral

PO Box 350

Ashford

TW15 9DP

Thank you once again for contacting us and we look forward to your response.

Regards

Rajib Pandey

Credit Referrals-OUK

Any advice on the next step?

I sent an email, there was no reference given to me.

I didn't write the email via the complaints section as there are to many options and none which apply to me

thanks

Sent email and I think the reference number is 8961146.

Thanks

Hi fusiondoe,

I've got your email and I'll get back to you as quickly as I can.

Kind regards,

Lee

Social Media Comms

Vodafone UK