Hi everyone

I would really appreciate some advice on how to handle the following:

My father, who is severely physically disabled and vulnerable, recently got a debt collection letter from Lowell alleging a £400 debt to three for a smartphone contract that was taken out over the phone.

My father is computer illiterate and never took out this contract.

It was likely taken out by his ex partner and carer in 2015.

I have written to three with a subject access request but all they have provided me with is copies of bills.

They say they do not have any recordings of phone conversations from the time the contract was entered into.

I need to know from them:

- What steps were taken to establish the identity of the person taking out the contract and protect my father from fraud?

- What bank account details are associated with this account or was the account opened without any bank account details?

- What date was the account opened?

- Who signed for the delivery of the device and where was the device delivered?

They have not yet provided me with any information.

How can I go about proving that this debt is not my fathers?

Is the onus on Lowell to prove this debt is his if we go to court?

Can they prove this debt with only bills as evidence?

My dad is very vulnerable and on a fixed income with lots of additional costs as he is currently moving into supported housing and has very complex health needs. He can not afford to pay this bill which is not his.

Advice very much appreciated.

Thank you

Em

title amended and moved to telecoms.

Thanks - I'm a newbie so not sure of these things

firstly go onto the actiofraud site and get this registered as fraud and get the crime ref number.

then IMHO its best to write to the CEO of three and complain loudly that they have failed the sar and that if they do not provide the info required a serius complaint will be open with the ICO and the FOS and financial compensation WILL be sought.

as for lowells

you need to ENSURE that they have the correct address that the contract was taken out at [iF it is different from now]

it is rare , but they will attempt court if they can see a loophole like a wrong address to today.

is it possible to please scan up the letter received to date

read upload..ONE multipage PDF only please

Hi

Thanks for the advice

I will visit the site and register it as a fraud and get a crime number - I will inform Lowell of this.

I have again written to 3 to request the information they did not provide. I will upgrade it to a complaint re: your advice about them failing the SAR if they do not provide it as requested. I have advised Lowell of this and reminded them that we are strongly disputing this debt. I have stated this to them since our first correspondence.

Lowells do have the correct address that the contact was taken out at, and it is different from now. As my dad's carer/partner had full access to his home, including keys etc, it appears that she did use his actual address to take out the contract (at least I assume so as this is the address on the bills that three sent to me).

I will upload a scan of the letter when I get home.

Thanks for the advice

Hi

 

 

Thanks for the advice

 

 

I will visit the site and register it as a fraud and get a crime number - I will inform Lowell of this.

 

 

I have again written to 3 to request the information they did not provide. I will upgrade it to a complaint re: your advice about them failing the SAR if they do not provide it as requested. I have advised Lowell of this and reminded them that we are strongly disputing this debt. I have stated this to them since our first correspondence.

 

 

Lowells do have the correct address that the contact was taken out at, and it is different from now. As my dad's carer/partner had full access to his home, including keys etc, it appears that she did use his actual address to take out the contract (at least I assume so as this is the address on the bills that three sent to me).

 

 

I will upload a scan of the letter when I get home.

 

 

Thanks for the advice

A bill is sufficient actually. They are under no obligation to provide phone call recordings, not unless instructed by a Court Order. The onus is not for them to prove this isn't a fradulent case, it's for your father to prove it. Also, when you say you wrote to 3 mobile, do you have written authority from your father for you to act on his behalf?

They have bills proving this debt exist, you are alleging your father knew nothing about a contract taken out in 2015. It's difficult to prove this.