Lowell Problem t mobile

[Angel104]

I had a letter from lowells claiming I owed T mobile £465. This was a surprise because I have not had a mobile for about 5 years and I was with orange not T Mobile. I sent off the CCA request which they failed to comply with they then sent another nasty letter so I wrote back and explained that I have never been with T mobile and asked them to provide the mobile phone number and they have said that they are not obliged to send out that information so what do I do?

[saintly_1]

Orange is now t-mobile and a cca is nonapplicable to a mobile phone however you could send them a letter asking for proof of the debt

 

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we 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. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

 

 

(Your Name) Print do not sign

 

saint

[Angel104]

Thanks a lot I will get that sent off.

[Angel104]

Can someone please help me. I sent Lowell the above letter and they have replied saying that the account agreement is not regulated under the consumer credit act so therefore their client is under no obligation to prove anything and they are now demanding full payment. I have never had a T mobile account so what do I do Now?

[saintly_1]

As stated before they are correct that mobiles dont come under the CC act

[excel1]

sorry to interupt but when did orange sell to t mobile? i am not saying your wrong, just that things like that dont usually slip by me.

[saintly_1]

Sorry my mistake ........ confusion setting in

[excel1]

Hi Angel,

 

the onus is on them to prove the debt, specially as you never had a tmobile account. you could send a S.A.R request under the data protection act which is to request all info held on this file im sure saintly could find the template for you or look in library under templates and follow the instructions about the £10 etc, this firm are something else but dont worry now your on here it should be easy enough.

good luck

[saintly_1]

Did you send the proof of debt letter that i posted in #2 ?

[falcon185]

Can someone please help me. I sent Lowell the above letter and they have replied saying that the account agreement is not regulated under the consumer credit act so therefore their client is under no obligation to prove anything and they are now demanding full payment. I have never had a T mobile account so what do I do Now?

 

 

HI, I would be inclined to write back to them stating that without proof of any alleged debt you will not be making any payments and concider this matter now closed, any further demands for an alleged debt without proof will be deemed as harassment and you will report any such action to the relevant authorites. :grin:

[ODC]

Lowell MUST provide proof of the ALLEGED debt. Just because they say you owe the money doesnt mean its true. Personally I would not waste £10 on them for an SAR. If they were going to take you to Court the court would demand proof of a debt and not just take the word of a greedy DCA

[Angel104]

Had another letter from Lowell this morning still claiming I owe money to T Mobile- they are still saying that "Their client does not have to prove anything to me". Well lets see what TS have to say because that is where I am now taking this.

[ODC]

They are as usual talking pooh. Just because they say you owe money doesnt mean its trur. They need to provide proof and they know it. If they didnt what is to prevent them and their like making up imaginary bills to con people. No court would accept this without written PROOF.

[excel1]

Please make sure you do, i did this and TS did act the more thier name appears the more likely the OFT will get off its behind and do something

[Holdred]

Please make sure you do, i did this and TS did act the more thier name appears the more likely the OFT will get off its behind and do something

 

I'm getting TS on the case now because lowells have passed their 12 days by over 10 weeks and are still demanding money from me.

[ODC]

Also make an official complaint to Lowells and when they give you their pathetic Final Response then you can report them to the FOS who will charge them £400 to investigate YOUR complaint. I would also recommend a complaint to your MP

[Holdred]

Also make an official complaint to Lowells and when they give you their pathetic Final Response then you can report them to the FOS who will charge them £400 to investigate YOUR complaint. I would also recommend a complaint to your MP

 

They didn't even bother giving me a pathetic response to my complaint, just ignored it completely. I know they got it, it was sent recorded and I have a print out of the sigature of their grunt who signed for it.

 

That's what prompted me onto TS.

[ODC]

Excellent news. Once 8 weeks pass from your complaint being made then you can report these fools directly to the FOS

[Holdred]

Excellent news. Once 8 weeks pass from your complaint being made then you can report these fools directly to the FOS

 

I called them on Thursday. Friday my complaint forms came. Saturday they were returned Special Delivery and Monday they were signed for

 

Just waiting on hearing whether they'll be taking this up or not.

 

Edit: They've only had the complaint letter itself for about five weeks, but the FOS were keen to take it from the end of the 12 day period of them not providing the CCA.

 

At worst they won't do anything for another few weeks, but it's their call.

[Angel104]

Are they that stupid that they think I will pay for a debt that I know nothing about? They can throw out all the threats they like but they are just digging a big hole for themselves.

[Holdred]

Are they that stupid that they think I will pay for a debt that I know nothing about? They can throw out all the threats they like but they are just digging a big hole for themselves.

 

In a word, yes.

[ODC]

Are they that stupid that they think I will pay for a debt that I know nothing about? They can throw out all the threats they like but they are just digging a big hole for themselves.

 

In a word, yes.

Not to mention being greedy barstewards as well:mad:

[Angel104]

Received a letter form lowell this morning which says: It would be in your best interests to make contact with the original retailer to obtain a copy of of the agreement that you signed however due to the age of this account it may no longer be available. It then goes on to say: Please send us documentary evidence to prove that this balance is not due.

How can I go to a retailer and send them proof that the balance is not due when this is nothing to do with me. Anybody got any ideas on what I should next?

[ScarletPimpernel]

Why not turn the tables a bit?

 

 

Dear Curs

 

Thank you for your letter dated xxxx, the content of which is noted.

 

I have already made my position, which is that I have never had an account with T-Mobile, and so do not owe them anything, perfectly clear. Your suggestion that I should obtain copies of an agreement that never existed is risibly absurd.

 

The responsibility for proving your case is entirely a matter for you.

 

You are reminded that as holders of a consumer credit licence you are obliged to comply with the Office of Fair Trading Guidance on Debt Collection. The Guidance considers that disregarding claims that debts are disputed and continuing to make unjustified demands for payment is an unfair practice, as is failing to provide details when a debt is disputed, and failing to suspend collection activity when a debt is disputed. You should treat this letter as a formal complaint about your unprofessional and non-compliant behaviour. I require you to send me a copy of your complaint procedure.

 

I also require you to cease your spurious claims and demands for payment with immediate effect.

 

Yours etc.

[Angel104]

They also say that they are obtaining statements from T mobile and when I get them I should then pay the money or I could face legal action.