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  1. Name of the Claimant Lowell Portfolio I LTD Date of issue 17/12/2018 Particulars of Claim 1) The Defendant entered into an agreement with Three Mobile under account reference XXX (‘the Agreement’). 2) The Defendant failed to maintain the required payments and the service was terminated. 3) The right to collect the outstanding balance was assigned to the Claimant by Hutchinson 3G UK Limited on 20/12/2016 and notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £420 remains due and outstanding. And the claimant claims a) The said sum of £420 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue accruing at a daily rate of £X but limited to one year being £35 c) Costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol)? Yes, I posted in another forum about this sent a response with Box C (don’t recognise the debt) and Box I (need more info) ticked. I also sent a Without Prejudice offer of just over 40%. I did sign that letter, I hope it’s not an issue! I asked for: · Full assignment history of debt · Initial Default Notice · Copy of written contract for debt · A full statement of account, including details of all interest and charges included on outstanding balance of the debt explaining how they have been calculated, and any payments already made towards the debt They rejected the offer and they sent back: · Two notice of assignments from Three and Lowell, missing logos and looking unofficial dated on 13/02/2017. · Said mobile contracts aren’t regulated by CCA so won’t send me a default notice or contract. They didn’t give me a full statement of how the balance was made. Looking around the internet and other forums, people said it’s not worth playing letter tennis with Lowells as they will just ignore you and send the same rubbish and just to wait for the claim form, so I didn’t respond further. What is the total value of the claim? £540 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Mobile phone account with Three Mobile When did you enter into the original agreement before or after April 2007 ?After April 2007 Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Lowell Were you aware the account had been assigned – did you receive a Notice of Assignment? No, I never received any from Lowell or Three apart from in response to the PAP form I sent back. Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Bad service/reception and financial difficulties. What was the date of your last payment? According to Lowell this was 03/02/2015. I can’t verify as my current bank account was opened after that. It’s not showing in under Noddle/MSE Credit Club/Clearscore as they wiped the history from Three and replaced it with their own that shows limited time periods. Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?No Hi everyone, I received a claim form from Lowells just in time for Christmas! I’ve been reading other threads where cases like these have been discontinued for lack of proof or termination charges deemed as unfair by Ofcom and have a general idea on what sort of defence I want to put together but would really like to run my steps through the more experienced people on here. I think my next steps are: · Acknowledge the claim · Send SAR to Three · Send CPR 31.14 to Lowell Solicitor address · Start putting together a defence My question on the CPR 31.14 is which template I should use, Request 1 or 2? Can I only request the agreement as it was the only thing mentioned in the particulars? Can I also request a statement of balance or is that one for the SAR? I’ll start putting together a draft of the defence and would greatly appreciate any advice on any of this. Thanks very much!
  2. Hello, this is my first posting – apologies if I ask obvious questions, but I'm new to the world of debt collection! Any help would be hugely appreciated. (Apologies, too, for the long post) I'm being chased for a debt from Three Mobile, which I don't believe I owe. The first I heard about the debt was an e-mail from a debt collecting agency – I had moved abroad, and so Three didn't have my address. (I therefore didn't receive any letter from the mobile phone company requesting the money.) After receiving the e-mail, I replied to the debt collection agency that the debt was in dispute and contacted Three to tell them I didn't accept the debt (it appears to relate to charges made after I cancelled my contract), giving my reasons and asking for an explanation/evidence. I also asked for details of how to make a subject access request. Three replied regarding how to make a subject access request, but did not respond to my request for clarification about the debt. I heard nothing more for almost 2 years, when a letter was sent informing me that if i didn't contact the mobile company to discuss payment of the debt within 20 days it would be passed to a debt collection agency. I replied within a few days, referring to my first letter, again making it clear that I didn't accept the debt, and again asking for explanation as to why they believe I owe this money (I still haven't had any bill relating to the charges) and evidence. The mobile phone company ignored my response and sold the debt to Lowell Group, who are now chasing me for the money. Apparently the mobile phone company has also put a 'default' on my account, which will negatively affect my credit rating. My questions are: - Is it legal to sell on a debt which has been disputed and for which no explanation has been given? And is it legal to put a default marker on an account, when the debt is disputed? - What action is Lowell Group entitled to take against me, and how should I respond? - How can I set about having the 'default' marker removed from my credit rating? Many thanks for your help.
  3. I have 2 accounts with Three that are now reading 8 on my file, as I want to rectify this asap does anyone know ifthey accept lesser amounts to clear the debt or do they always go for the full lot ?
  4. Hi, I have got a problem of wrong information in my callcreditcheck file.I came to know in May that a wrong account of three mobile was recorded on my Experian and Callcreditcheck file. Having contacted and providing my ID to them just experian took off that wrong account from file but callcreditcheck is refusing and saying that three mobile is saying that they hold accurate information on me and asked me to contact to three. I contacted to three and explained the situation that I am an old customer of them but now see another wrong account linked to my credit fie which is unknown to me. I was assured that their fraud department will look into it and come back to me in one week. One week later, their fraud department contacted me bby saying that though date of birth and full name is not yours but that sim was used in my phone, I was called from that number and that the card used to get the contract had the same name like mine. I denied this and asked them to provide any prove that my id was used to obtain contract. They refused to provide any thing and said me to contact ICO if unhappy with the response. I contacted to ICO who replied me through email that they contacted to three and it 's kind of fraud case and I need to get involved police. I then contacted to police who said it has got nothing to do with them and told me to contact Three again I contacted to Three again who is accpting that my personal information does not match with that account but still it will be linked with my personal information on credit file. I am just wondering whay should I do as this case is going no where but wasting time.
  5. Hi I've just started posting in the forum and it has already been a great help. After checking my credit file I've decided to deal with some debt problems one by one to try and clean up my credit file. One of these is an alleged debt of £69 said to be owned by Lowell. In the last 5 months I've had letters from Hamptons Legal, Lowell and Advantis (In that order) acting on behalf on Three Mobile. I've uploaded the letters here. I have a vague idea what the debt may be, a 3g contract I had some years back which I'm sure the contract ended without me renewing. So here are my questions 1.knowing that this is a mobile phone debt and that I cannot CCA them, what other options do I have in regards to trying to have this marked as settled in full? 2.This is a relatively small amount compared to my other debts so if it comes down to it I'll just pay it off, I just want them to prove I owe the money, so I plan to send this letter, an edited version of on of the templates from the library; Dear Sir or Madam Account No/Reference No: XXXXXXXX You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I have no knowledge of any such debt being owed to “Three Mobile.” I am familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable and in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive and unfair methods. Furthermore ignoring and disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical & psychological harassment. I would ask that unless you can provide evidence as to my liability for the debt in question, that you Fully delete and expunge this disputed record from my credit files with all 3 credit reference agencies (namely Experian, Equifax and Callcredit) at the first possible opportunity, and all other credit reference agencies you have reported this account to. After which I would ask that no further contact be made concerning the above account. I await your written confirmation that you will be removing the records form my credit files and that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office of Fair Trading of your actions. Yours faithfully 3.So as you can see from their letters, Lowell have stated that they have instructed Advantis to pursue me, but Lowell still own the debt on my credit report. SO who do I send this letter to? Lowell or Advantis? 4.What evidence do they need to provide to prove I owe the money, and that they can enforce it? Your thoughts on this would be helpful. Thanks
  6. Hello, just 2 quick questions that I hope you can help me with. I had a mobile broadband and contract phone with three in 2007. When the 18 month contract ended I didn't renew my contract. I've just got some letters from Lowells acting on behalf of lowells at my new address demanding money and threatening legal action. Three must never have closed my accounts properly. I have been tempted to ignore them but reading on here how they can try to make you bankrupt. I have no assets, I am living in rented accommodation and moved not long after cancelling my contract with three. The defaulted amount is 69 & 94 but with the cancellation fees these have risen to roughly around £380 each. I have read that the amount they can put in for SD is £750 but together these 2 accounts do come to that. Sorry for the waffle but my actual questions are: 1) Can they make me bankrupt by joining both accounts together? ans 2) If not bankruptcy can they apply for a CCJ? thanks in advance
  7. This is such a long saga, I really don’t know where to begin!! I have had issues with Three mobile for years now. The service at this post code can only be described as dire, dispite their website stating ‘excellent’! About this time last year I was finally out of my second 18 month contract with them. I really wanted an iPhone and at the time they were not providing them, so having found a suitable contract online with Vodafone, ready to go, I contacted Three about terminating my contract and obtaining a PAC code to port my number. The advisor convinced me to stay, promising me that in the ‘coming months’ they are going to upgrade the equipment and offered me the Nokia n6(I think), any way I returned this because I couldn’t get on with it and opted for an iPhone 4 which they had available. During the autumn I complained to them numerous times of poor reception and call drops. (I did have the grip thing around the phone), they just kept telling me about the improvements planned. At the beginning of December I get a sales call from them offering me a special deal on a USB modem broadband plan, as a ‘special customer’ that has been with them so long, 1GB for £5 a month. Don’t ask me why, they caught me off guard, after being told that they ‘guarantee’ I’ll be able to use it no problem. Anyway this arrived a couple of days later and, as soon as I received it, I trundled up to the PO knee deep in snow and sent it back. I sent them an email to confirm I had done this. I also inform them that I had cancelled the DD with my bank. Over the next few months I think I must have spoken to almost all their Indian call centre representatives, complaining about the poor signal here. Not just inside, but out on the street. One suggested going outside and make calls, imagine that in snowy weather! I was told by another rep that there are no further plans to upgrade my service as I have full strength. In February I wrote to them telling them that I have had enough, they have 6 months to improve the service, or as of the 7th August(anniversary of contract start) I would terminate my contract without penalty as they are not providing the advertised service or doing anything constructive to help me. This letter was ignored so I sent another in March. This also was ignored, so I sent another in May, recorded delivery to their Head office in Glasgow. I did in this instance get a couple of voicemails and a call from ‘Alex’ in the tech dept. He had to call me back because the reception was so bad we couldn’t hear one another. He advised me to reset my iPhone and switch off Wi-Fi, this didn’t help. At the end of March I receive a bill for £9.34 for Broadband Lite. I immediately called them and explained that I had send it back in early December and hadn’t commenced the contract. Although they took a DD in late December I couldn’t be bothered with the fuss of getting a refund. I explain why I had sent it back, I had been mis-sold it, couldn’t even get a talk service here let alone a data one, in any case I have a home network. They told me I hadn’t followed the right returns procedure (which I’d admitted) and that they’d never received it. I asked why they took 3 months to bill me and they couldn’t answer this question. I told them I was not paying for a service I haven’t used, had no means to use, nor the network at home to use it. They confirmed that in fact it had never been used but insisted that I was still liable to pay. Anyway to try and summarise I paid £19.40 last month as they passed the ‘debt’ onto their collections department. I have written to them AGAIN. I really hate talking to their CS dept, I get passed from pillar to post, one person saying or promising one thing, then another denying it. Having to explain the whole scenario again and again to every person, as they don’t seemingly have the ability to add details to my account, which the next person can catch up on. Anyway I find it hard to express myself verbally on the phone; I end up forgetting what I wanted to say and/or getting angry and not being listened to. A letter is a recorded way of communicating where either party can’t deny what they have said/promised. What can I do next, can anyone help me? I need someone from Three to look at my situation and not just quote the rules from a computer screen at me, but use a little common sense, discretion and deal with my case accordingly. I really want OUT from Three altogether, I understand all the various factors that can make the service variable, and the website is ‘for illustration purposes only’ but there is a world of difference between, variable, weak, excellent and NO service!!!!! Today I receive another bill for £9.34 Sorry for such a long post I really need some help with this….. ? :mad2:
  8. I routinely check out companies that telepest me and looky looky here: Can anyone spot the problem?
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