Lowell Financial advice needed!

[bustamante]

I received a letter from Lowell / red collection services re an outstanding debt on an 02 mobile account for over £700.

 

I replied to the first letter using the form that was on one of the previous threads but today have received another letter from them saying:

 

'Thank you for your recent correspondence regarding the above matter.

 

We note your comments that you are not our customer but with the information we hold we belive that you are our customer and therefore liable for the outstanding balance.

 

The outstanding balance relates to an O2 account with the original reference number *********

 

The last payment to this account was for £29.98 on the 2nd September 2004.

 

We trust this clarifies the situation and look forward to receiving your proposals for repayment.'

 

Now, I did once have an O2 mobile around 2003/2004 but cancelled it when I lost my phone (didn't have insurance at the time so bought a pay & go O2 phone)

 

I have no idea where this £700 bill has come from & am reluctant to pay anything without substantial evidence that I was the one who incurred these costs.

 

Any suggestions what I should do next?

[ODC]

Lowells are required to PROVE you actually owe the money and that they have a Legal right to chase you for it.

 

Write to them a demand a copy of a written contract between you and O2, a statement showing how they arrive at the inflated balance and a letter from O2 assigning the ALLEGED debt to them.

[babybear39]

Did you report your phone lost? Do you have paperwork to back this up? Maybe fraud...

[bustamante]

Yes, I did report my phone as lost but as it was so long ago, I can't remember when this was done and no, I don't have any paperwork to prove this unfortunately.

 

I've never been a massive mobile phone user and am sure my bills from O2 were always around the £25 mark. Even now, with my Orange contract I rarely exceed £35/month.

 

I think it may be fraud but I don't have any proof to confirm my suspicions. I lost my phone on a night out and remember ringing O2 to inform them but unsure whether I backed this up with a letter.

 

Does anyone know of any sample letters I can use?

[ODC]

Dear Cretins

 

I refer to your recent letter the contents of which are noted.

 

I am totally unaware of owing any money to O2 and indeed have not had a contract with O2 since 2004. Therefore before I will communicate further with you I require the following

 

A copy of a written contract between myself and O2

 

A statement from O2 showing how they arrive at the figure indicated in your letter

 

Proof that you have a right to collect any money allegedly owed to O2.

 

For the avoidance of any doubt please be advised that I will NOT speak to any of your representatives by telephone and require all communication in writing.

[babybear39]

Great letter ODC

 

O2 should be able to determine fraud easily as the numbers called will not match your regular calls.

[bustamante]

ODC, appreciate your help & advice.

 

If they send these documents does it mean I will have to pay even though I'm adamant it wasn't me who incurred these charges?

 

Can I request statements from O2?

 

It seems strange that it's taken almost 4 yrs for them to get in touch with me. Its not like I left the country and have been registered on the electoral roll all my adult life and have applied for credit since 2004.

[ODC]

ODC, appreciate your help & advice.

 

If they send these documents does it mean I will have to pay even though I'm adamant it wasn't me who incurred these charges?

 

Can I request statements from O2?

 

It seems strange that it's taken almost 4 yrs for them to get in touch with me. Its not like I left the country and have been registered on the electoral roll all my adult life and have applied for credit since 2004.

Lowells like a lot of DCAs make the mistake of thinking it is up to the alleged debtor to prove they do not owe a debt when in actual fact it is Lowells who have to PROVE you owe the debt.

 

Certainly contact O2 and request statements, if you get someone really helpful then they may well be able to find a record of your cancellation of the phone. Its strange indeed that O2 did not send you any bills. You would be much better trying to negotiate with O2 rather than a greedy DCA.

[bustamante]

Couldn't get anywhere with 02 (useless ba5tards!) but have received another letter from Lowell's today with a balance statement attached. Has anyone else has this and can offer me some advice?

 

'We write in respect of the above debt, which, as previously notified in writing we have purchased from O2. We would advise that the nil balance shown on the statement relates to when O2 removed this account from their system in preparation for the sale to us. This does not mean that there has been any payment received against the account or that your liability for payment has been removed.

 

We are now entitled to receive payment of the balance of £719.91 from you and enclose a copy of the statement as requested. Neither O2 nor ourselves are aware of any reason for non-payment.

 

Please kindly make payment of the outstanding debt or contact us within 7 days of this letter (17th July) to agree acceptable payment proposals, failing which we reserve the right to instruct our solicitors to issue leagal proceedings against you withour further notice'

 

The interesting thing is my statement shows normal payments up until the beginning of September 2004 & then there are suddenly 2 debits of £429.70 (06/09/04) & £227.40 (06/10/04).....all other calls going back to August 03 never topped £50!!! This ties in with when I lost my phone...any ideas on what I should do next?