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    • Thanks FTMDave, I like the cut of your jib - I'll go with that and obtain proof of postage. Encouraging that NPE have never followed through and seem to blowing hot air, let's see where they go after this   Regards
    • Please see my comments in orange within your post.
    • no i meant the email from parcel2go which email address did they send it from and who signed it off (whos name is at the bottom)
    • I understand confusion with this thread.  I tried to keep threads separate because there have been so many angles.    But a team member merged them all.  This is why it's hard to keep track. This forum exists to help little people fight injustice - however big or small.  Im here to try get a decent resolution. Not to give in to the ' big boys'. My "matter' became complicated 'matters' simply because a lender refused to sell a property. What can I say?  I'll try in a nutshell to give an overview: There's a long lease property. I originally bought it short lease with a s.146 on it from original freeholder.  I had no concerns. So lender should have been able to sell a well-maintained lovely long lease property.  The property was great. The issue is not the property.  Economy, sdlt increases, elections, brexit, covid, interest hikes etc didn't help.  The issue is simple - the lender wanted to keep it.   House or Flat? Before repo I offered to clear my loan.  I was a bit short and lender refused.  They said (recorded) they thought the property was worth much more and they were happy to keep accruing interest (in their benefit) until it reached a point where they felt they could repo and still easily quickly sell to get their £s back.  This was a mistake.  The market was (and is) tough.   2y later the lender ceo bid the same sum to buy the property for himself. He'd rejected higher offers in the intervening period whilst accruing interest. Lenders have a legal obligation to sell the property for the best price they can get. If they feel the offer is low they won't sell it, because it's likely the borrower will say the same. I had the property under offer to a fantastic niche buyer but lender rushed to repo and buyer got spooked and walked.  It had taken a long time to find such a lucrative buyer.  A sale which would have resulted in £s and another asset for me. Post repo lender had 1 offer immediately.  But dragged out the process for >1y - allegedly trying to get other offers. But disclosure shows there was only one valid buyer. Again, points as above. Lender appointed receiver (after 4 months) - simply to try acquire the freehold.  He used his powers as receiver to use me, as leaseholder, to serve notice on freeholders.  Legally that failed. Meanwhile lender failed to secure property - and squatters got in (3 times).  And they failed to maintain it.  So freeholders served a dilapidations notice (external) - on me as leaseholder (cc-ed to lender).   (That's how it works legally) Why serve a delapidations notice? If it's in the terms of the lease to maintain the property to a good standard, then serve an S146 notice instead as it's a clear breach of the lease. I don't own the freehold.  But I am a trustee and have to do right by the freeholders.  This is where matters got/ get complicated.  And probably lose most caggers.   Lawyers got involved for the freeholders to firstly void the receiver enfranchisement notice. Secondly, to serve the dilapidations notice.  The lack of maintenance was in breach of lease and had to be served to protect fh asset. Enfranchisement isn't something that can be "voided", it's in the Leasehold Reform Act 1967 that leaseholders have the right to buy the freehold of the property. It's normal, whether it is a "normal" leaseholder or a repossession with a leasehold house, to claim this right of enfranchisement and sell the property with said rights attached and the purchase price of the freehold included in the final completion price. That's likely what the mortgage provider wished to do. The lender did no repairs. They said a buyer would undertake them. Which was probably correct. If they had sold. After 1y lender finally agreed to sell to the 1st offeror and contracts went with lawyers.  Within 1 month lender reneged.  Lender tried to suggest buyer walked. Evidence shows he/ his lawyers continued trying to exchange (cash) for 4 months.  Evidence shows lender and receiver strategy had been to renege and for ceo to take control.   I still think that's their plan. Redact and scan said evidence up for others to look at? Lender then stupidly chose to pretty much bulldoze the property.  Other stuff was going on in the background. After repo I was in touch by phone and email and lender knew post got to me.   Despite this, after about 10 months (before and then during covid), they deliberately sent SDs and eventually a B petition to an incorrect address and an obscure small court.  They never served me properly.  (In hindsight I understand they hoped to get a backdoor B - so they could keep the property that way.)  Eventually the random court told them to email me by way of service.  At this point their ruse to make me B failed.  I got a lawyer (friend paid). The B petition was struck out. They’d failed to include the property as an asset. They were in breach of insolvency rules. So this is dealt with then. Simultaneously the receiver again appointed lawyers to act on my behalf as leaseholder. This time to serve notice on the freeholders for a lease extension.  He had hoped to try and vary the strict lease. Evidence shows the already long length of lease wasn't an issue.  The lender obviously hoped to get round their lack of permission to do works (which they were already doing) by hoping to remove the strict clauses that prevent leaseholder doing alterations.  You wouldn't vary a lease through a lease extension. You'd need a Deed of Variation for that. This may be done at the same time but the lease has already been extended once and that's all they have a right to. The extension created a new legal angle for me to deal with.  I had to act as trustee for freeholders against me as leaseholder/ the receiver.  Inconsistencies and incompetence by receiver lawyers dragged this out 3y.  It still isn't properly resolved. The lease has already been extended once so they have no right to another extension. It seems pretty easy to just get the lawyer to say no and stick by those terms as the law is on your side there. Meanwhile - going back to the the works the lender undertook. The works were consciously in breach of lease.  The lender hadn't remedied the breaches listed in the dilapidations notice.  They destroyed the property.  The trustees compiled all evidence.  The freeholders lawyers then served a forfeiture notice. This notice started a different legal battle. I was acting for the freeholders against what the lender had done on my behalf as leaseholder.  This legal battle took 3y to resolve. Again, order them to revert it as they didn't have permission to do the works, or else serve an S146 notice for breach of the lease. The simple exit would have been for lender to sell. A simple agreement to remedy the breaches and recompense the freeholders in compensation - and there's have been clean title to sell.  That option was proposed to them.   This happened by way of mediation for all parties 2y ago.  A resolution option was put forward and in principle agreed.  But immediately after the lender lawyers failed to engage.  A hard lesson to learn - mediation cannot be referred to in court. It's considered w/o prejudice. The steps they took have made no difference to their ability to sell the property.  Almost 3y since they finished works they still haven't sold. ** ** I followed up some leads myself.  A qualified cash buyer offered me a substantial sum.  The lender and receiver both refused it.   I found another offer in disclosure.  6 months later someone had apparently offered a substantial sum via an agent.  The receiver again rejected it.  The problem of course was that the agent had inflated the market price to get the business. But no-one was or is ever going to offer their list price.  Yet the receiver wanted/wants to hold out for the list price.  Which means 1y later not only has it not sold - disclosure shows few viewings and zero interest.  It's transparently over-priced.  And tarnished. For those asking why I don't give up - I couldn't/ can't.  Firstly I have fiduciary duties as a trustee. Secondly, legal advice indicates I (as leaseholder) could succeed with a large compensation claim v the lender.  Also - I started a claim v my old lawyer and the firm immediately reimbursed some £s. That was encouraging.  And a sign to continue.  So I'm going for compensation.  I had finance in place (via friend) to do a deal and take the property back off the lender - and that lawyer messed up bad.   He should have done a deal.  Instead further years have been wasted.   Maybe I only get back my lost savings - but that will be a result.   If I can add some kind of complaint/ claim v the receiver's conscious impropriety I will do so.   I have been left with nothing - so fighting for something is worth it. The lender wants to talk re a form of settlement.  Similar to my proposal 2y ago.  I have a pretty clear idea of what that means to me.  This is exactly why I do not give up.  And why I continue to ask for snippets of advice/ pointers on cag.  
    • It was all my own work based on my previous emails to P2G which Bank has seen.
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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T-MOBILE fraud


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Hi everyone. Hope someone can help with this , i have been given a letter from lowell saying i got a bill with T-mobile (which i have never had) and i have to pay it . I phoned T-mobile up and talked to them , got the number , told them its not me and its fraud, they said they,ed look into it .. then months down the line i get another letter from detb collectors asking for money. Is there anyway of finding out what numbers or who paid the bils before i got the final bill. who ever had the phone was paying up to that point . Also can i get hold of the statments off T-mobile?

:-x

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Guest Old_andrew2018

Well you can send an S.A.R - (Subject Access Request), but why bother you might acknowledge the debt by doing so, simply write and deny that you owe money using a prove it letter, this is a link to a good example http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/144656-hfo-services-problem.html#post1523368

 

You could include this at the start of the letter, I DO NOT ACKNOWLEDGE ANY DEBT TO YOURSELVES OR TO ANY COMPANY YOU CLAIM TO REPRESENT.

 

Do not talk to either T-Mobile, or Lowell they will simply lie to you, and attempt to intimidate you.

 

Regards

 

Andy

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I'd check into this also.

Home Office Identity Theft Home Page

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

If you can't donate, please use the Internet Search boxes on the CAG pages - these will generate a small but regular income for the site

 

Please also consider using the

C.A.G. Toolbar

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  • 1 month later...

Hi There. My Fiance has just had a letter from Lowell claiming that they have bought his debt from T-Mobile. Firstly, he has no debt with T-Mobile and secondly it was supposedly from 4 years ago. Apparently T-Mobile had stopped trying to contact my Fiance in July 2006 which means that they have done nothing for 2 years. Lowell are trying to get my Fiance to pay instalments. When asked to send proof that the debt is my Fiance's they said it could take 3 months which is also the time limit they set to repay the full amount.

 

My advice is to send a letter to Lowell saying....We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. We understand a copy of our credit agreement should be supplied within 12 working days. We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I'll post again once my Fiance has heard back and hopefully it will help other people in the same boat

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Please read this. http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed/70464-mobile-phone-companies-consumer.html

 

Mobile companies do not have to have a signed credit agreement.

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

If you can't donate, please use the Internet Search boxes on the CAG pages - these will generate a small but regular income for the site

 

Please also consider using the

C.A.G. Toolbar

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Guest Old_andrew2018
Hi There. My Fiance has just had a letter from Lowell claiming that they have bought his debt from T-Mobile. Firstly, he has no debt with T-Mobile and secondly it was supposedly from 4 years ago. Apparently T-Mobile had stopped trying to contact my Fiance in July 2006 which means that they have done nothing for 2 years. Lowell are trying to get my Fiance to pay instalments. When asked to send proof that the debt is my Fiance's they said it could take 3 months which is also the time limit they set to repay the full amount.

Hi You Could start your own thread as your post may get lost.

My advice is to send a letter to Lowell saying....We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. We understand a copy of our credit agreement should be supplied within 12 working days. We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Unfortunatelyhe CCA is of no use when dealing with molible telephone companies, as they do not need to have a signed credit agreement.

 

I'll post again once my Fiance has heard back and hopefully it will help other people in the same boat

 

I don't expect you will hear from lowell agin, but you might here from other DCA.

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  • 1 year later...

I received a bill form t-mobile yesterday, but I dont have a t-mobile account. Some scrote has received £400 of Nokia kit by setting up an account using my details. t-mobile were sympathetic but wont play ball and give me any details but they did tell me the phone was delivered to my home address last Wednesday.

I called them back this morning and tried a different tack, speaking to the accounts dept pretending that i wanted to pay the invoice. They told me the last 4 digits of the card that was used to confirm the ID of the person that setup the account, that the account was setup in store, and when it was setup.

The card digits dont match any i have so im assuming that theres been a credit card taken out in my name too.

Im now looking forward to a few months of arguing the toss with t-mobie and as yet unknown c/card company.

Happy days!

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Guest Old_andrew2018

Hi Addled

 

Welcome to CAG.

 

You might want to start your own thread in case T-MOBILE start to be difficult,.

To start a new thread, (as suggested by Sesidelady) go to the page you want to have a thread, at the top and bottom of the page there is a blue box which says...NEW THREAD. Click on that.

 

You will get an empty box up, Give your self a title, and your off.

 

Please have a read of this link, it has everything you will need to know to help you find your way around this site.

 

"How do I...?" A Dummies' Guide to this Forum

 

Please have a really good read around the site. As soon as you are ready, make a post and some one will be around to help you.

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Hi Addled

 

Welcome to CAG.

 

You might want to start your own thread in case T-MOBILE start to be difficult,.

To start a new thread, (as suggested by Sesidelady) go to the page you want to have a thread, at the top and bottom of the page there is a blue box which says...NEW THREAD. Click on that.

 

You will get an empty box up, Give your self a title, and your off.

 

Please have a read of this link, it has everything you will need to know to help you find your way around this site.

 

"How do I...?" A Dummies' Guide to this Forum

 

Please have a really good read around the site. As soon as you are ready, make a post and some one will be around to help you.

Tks Andrew, much appreciated. I will drop a new thread tomorrow when ive had the mail and hopefully some response from the idiots concerned.

Is there a particular section for threads of this type or do i just post in the main forum.

tks

ADD

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Guest Old_andrew2018

Hi Addled .

You could start in this forum, you can ask for your thread to be moved to a more appropriate forum should you need advice if T-Mobile attempt legal action.

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Addled,

 

Did you check the website I posted earlier?

Welcome to IdentityTheft.org.uk

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

If you can't donate, please use the Internet Search boxes on the CAG pages - these will generate a small but regular income for the site

 

Please also consider using the

C.A.G. Toolbar

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  • 3 months later...

I am having an experience very similar to Addled. Some b** has opened a mobile account in my name and got a £240 Blackberry on the back of it. I have called T-Mobile at least four times and each time get more stupidity from them.

 

The first I knew about it was mid-December when I got a "Welcome to T-Mobile" letter. I immediately called them, and a few days later I got another letter saying they were sorry blah blah blah and that they had cancelled the phones from my account and would not link the phone to my account.

 

BUT I don't HAVE an account with T-Mobile, I have never had an account with T-Mobile, and I certainly will never in the future have an account with T-Mobile.

 

At first they were sympathetic but not very helpful. They did however suggest that I should report it as an identity theft crime with the police. Stupidly, I did not do this right away, since I really believed T-Mobile when they told me that the account was closed and I wouldn't hear anything else.

 

But, so far from cancelling the account, they have continued to harrass me for payment in a way which is, frankly, immoral, unfair, and probably illegal.

 

Now they have threatened to hand the "debt" (which of course I don't owe) to a debt collection agency, pass the details to credit reference agencies, and continue to charge me for the remainder of the agreement (which I never entered into in the first place).

 

When I called them, they told me that the account is now in the hands of "Collections" - that is, NOT in the fraud department at all. It seems that T-Mobile find it more convenient to hope that I will simply give in and pay someone else's bill. But to do so would be to admit liability, and I am certianly not liable.

 

I have now finally reported the identity theft to the police. As soon as I have some report back from them with a crime number, T-Mobile will be getting a very stiffly-worded letter.

 

I am also in the process of raising the matter through the Communications and Internet Services Arbitration Scheme (CISAS), although they will probably want me to wait until T-Mobile have had a chance to sort it out themselves - I believe CISAS normally want 8 weeks from an initial complaint before they will intervene.

 

I have asked T-Mobile for details of the agreement which some thief has presumably signed with them, but they refuse to give it. I might have to make a Subject Access Request under the Data Protection Act, but this, too could be seen by them as an admission of liability. T-Mobile insist that the phone was delivered to my home address - which it clearly was not.

 

At the same time as refusing to give me the information which I need to prove my innocence, T-Mobile want me to fax them a photocopy of my passport and a utility bill with my name and address on it to their fraud department. They seem to think that I am the one under investigation and that I am supposed to prove to them that I am entitled to this phone and account. But I don't HAVE this account, I don't have their phone, and I don't WANT it. I am also very wary of sending them anything which might 1. be taken as an admission of liability and 2. could be used by [problematic], since there could be insiders in T-Mobile. I really don't like the idea of sending personally identifying details to a fax number which I cannot trace and which could easily be intercepted.

 

I'd love to hear how Addled got on with his/her case - I'll let you know how I get on with mine.

Edited by pingle99
spelling correction
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If the agreement isn't yours you cannot receive it (a DPA breach if they did). In actuality, the last thing you want is any knowledge of the account, as this would make you appear complicit in the fraud. Leave well alone, reject all calls to pay up politely with the response it has been reported to the police (not that they'll do anything).

 

What you DO need to do is check your credit files to see what's on there - as if the network has placed adverse data on your file, you need to get them to sort that PDQ.

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Thanks, Buzby! I certainly don't want to make myself appear complicit with the fraud.

 

I have already checked my credit files, and, yes, the "account" does appear there. Currently it shows £34 in arreers but unless this is sorted out, it will no doubt soon show missed payments and all sorts of bad things and seriously affect my credit rating.

 

I have written to Experian (email, actually) but there are other credit agencies, and IMHO it should be T-Mobile who have to sort it out.

 

Any advice about whether I should play along with T-Mobile's request to fax my passport and proof of address would be welcome.

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What T-Mobile are trying to do is compare your details and signature(if done through retail) to that of the Service Agreement.

 

That and also they are trying to see if you are the perpetrator trying to undo the damage.

 

My recommendation would be to call up T-Mobile and ask to be put through to the Loss Prevention and Security team at Hatfield (T-Mobile's HQ) and talk everything through with them, they are pretty good when you actually speak to them and not try and rely on everything being passed through CSRs.

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You are not obliged to assist T-Mob, but it is usually speedier if you do.

 

If I was in your position I would actually send them nothing, but go to a solicitior to prover you identity to him - then get him to support your contention you are not who T-Mobile think you are (as you will be disclosing data that is of no business of theirs, DoB, Picture etc).

 

I'd also suggest against phoning - you have no guarantee what they will do (if anything) by writing you have a paper trail. YOu are right, it is T-Mobile;s responsibility to sort out the mess, and it is to them you advise your credit file is tarnished and you want it rectifying within 28 days.

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Thanks, Buzby and the others who have responded.

 

You were right to advise against phoning - despite three more calls to them, the harrassment has continued and today they have passed my account to a debt collection agency. That's just ONE WEEK after their warning letter - so if I had been on holiday, say, I would have come home to a very unwelcome surprise. Each time I have spoken to T-Mob, they have assured me that my account is closed and/or no further action will be taken. But presumably because it's just a phone call, they feel happy just to ignore it and keep chasing me.

 

Experian were more helpful and have now placed a note on my records, which should mean that any check on my credit rating will throw up the fact that I dispute it. But I'm pretty sure that T-Mob didn't check in this case, so probably some [EDIT] will get away with it again. I will be also placing my records in Protective Registration with CIFAS. Not sure what good this will do, apart from making my own life a bit more complicated, if companies don't even bother to check. However, I'm wary of doing anything which might be seen to be an admission of liability

 

I'm getting really angry with T-Mob about this. Not only for myself, although it's a big hassle, but because similar things must be happening to many others, who might, for example, be in the process of applying for a mortgage, changing jobs, or some other major life event, and this would cause them enormous problems. And do T-Mob care? There are real lives being harmed by their incompetence.

Edited by pingle99
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