Lowell & T-Mobile!!

[alanam]

Hi,

I would love some help and advice, im pulling my hair out with all the hassle!!

I have recieved a letter from LOWELL asking me to confirm i used to live at my previous address and for me to call them to confirm. I had no idea who they were so i called them straight away, i was informed by them that they brought a debt from T-MOBILE saying i have an outstanding balance of £175! I have told them that i have told them that i would like proof of the outstanding bill. They have informed me that because it is not under the Credit Consumer Act 'by law' they dont have to send me a copy of the original signed agreement. I am refusing to pay them until i have proof of the debt. I have been searching the internet for a letter template, but unfortunatly all the templates i can find have the CCA quotes in them.

Please can you advise me on what to do next as they have sent me a letter telling me court costs, and im worried that this will ruin my credit history.

Thank for help

Alana

[Curlyben]

Well in that case send them this and request definite proof this debt is valid.

 

Dear Sir/Madam

 

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

[alanam]

I do have recollection of the account but i was un aware of the outstanding balance. Is this letter still ok even though i acknowledge account with T-mobile?

Thanks

Alana

[Curlyben]

You may of had an account with T-mobile, but until Lowell prove that they can collect this debt, this is the best tack to take.

After all we all want to ensure that the correct parties get our payments.

[alanam]

Thank you so much for your RAPID response ill get that letter sent out today! Ahh feel de stressed already! ;o) x

[MATTYFEZ]

Hi, my girlfriend is in exactly the same situation.

I sent a simmilar/or the same letter to them and they replied by sending a bunch of account statements which dosent really mean anything to her, theres no call lists, signatures or account information, just a bunch of bills.

 

So we responded by sending an S.A.R - (Subject Access Request) to t-moblie and a letter to the debt collection agency explaining that T-mobile have been sent an S.A.R - (Subject Access Request) and they are going to have to do better than that if they expect to get paid.

 

See here if you want to follow our progress:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/131061-please-help-lowell-dcas.html

 

The SAR, allong with obligitory £10 postal order for admin fees, we sent is as follows:

 

T-MOBILE(UK)LTD

HATFIELDBUSINESSPARK

HATFIELD

HERTFORDSHIRE

AL10 9BU

 

SUBJECT ACCESS REQUEST FOR COMMUNICATIONS DATA

 

To the attention of the Data Protection Officer

 

Dear Sir or Madam

 

Ref: XXXXXXXXXXX Red Debt collection Services

 

This is a subject access request for disclosure of information under Section 7 of the Data Protection Act 1998.

 

Please send me the information which I am entitled to under section 7(1). In accordance with that section, please provide a statement:

• confirming whether any personal data is being processed;

• describing the personal data processed;

• specifying the purposes for which data is processed for each category of data, and the recipients of any data disclosed[1];

• detailing any transfers of data outside the UK in whatever form or by whatever means;

• naming the person responsible for the data protection compliance.

This information should include any personal data comprised in, linkable to, or which can be associated with the following identifiers:

• All records relating to telephone calls made from or to the telephone number All records relating to electronic services and text messages made from or to this same telephone number;

• All records relating to billing information, including subscriber data relating to my account.

 

In particular, the following types of personal data are sought:

 

• "communications data" as defined by Section 21(4) and Section 21(6) of the Regulation of Investigatory Powers Act 2000;

• any data processed by switches, cells, Message-Transfer-Agents(MTAs), monitoring-systems, voice mail, or other software or hardware devices under your control, which is retained and/or disclosed in hardcopy, electronic media, backup devices, transient storage or otherwise including location information;

• case notes on incidents, events, disclosures, collections, modifications or faults;

• records of disclosures to other parties, including emails;

• the logic of any automated decision processes[2];

• The sources of the personal data.

 

As required by the Data Protection Act 1998 section 8(2), please provide an explanation of the purpose, meaning, and context of the information. This includes geographical information for any location data that is retained.

 

You are required to supply this information as soon as possible, no longer than forty days. If possible, I request that the information be provided in electronic form, as allowed under section 8(2) of the DPA 1998. If this is not possible, please provide it to me in hard copy. If you are not providing me with copies of all records that you hold related to this request containing personal information because of an exemption in the DPA or for any other reason, please inform me of that fact.

I understand that you are required to properly identify any applicant for access to personal data. Please promptly advise me whether any further information is required from me, or whether the information contained in this letter and/or my personal cheque for the access fee is sufficient. Please advise me by telephone of any further information you require.

 

If you believe you are not the data controller for any of the above data, please provide the contact details of the organisation you believe to be the controller and explain why you have reached the conclusion why you are not the controller.

 

Yours faithfully

[alanam]

Thank you for that, im waiting for a horrible response so now i can at least throw one straight back at them!!

Good luck with yours keep in touch and ill let you know how im going! They are so rude aren't they!!

Alana

[alanam]

Hi,

I have just received another letter.... this time from RED DEBT COLLECTION SERVICES!! The letter says....

 

We refer to your letter 18th March and would advise you that your comments have been noted.

The account in question relates to a T-Mobile phone number 0000000000 connected on 21st Nov 2002 with the last payment being recieved on 8th june 2003.

We have today requested copies of any availible statements form our client and these will be sent to you uopn receipt.

We hope this information clarifies the current situation and we look forward to hearing from you shortley.

 

......Do i need to reply to them with anything or will they automatically sent me these document they have requested? Also if they sent me statement of that account is that enough proof of them saying i owe them this balance??

 

Thanks for help

Alana

[Curlyben]

Nope, nowt to say until the statements arrive.

You must be sure that this is a valid debt.

[alanam]

Curlyben you are a legend! Thanks mwah! x