Final Lowell letter, am I screwed??!

[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?

[Guest forgottenone]

Firstly, no you are not screwed. Others here, as you know, will help you but this seems to be a standard threatogram, to get you to react, respond etc. Make payments you may not even be elligible to pay from what you are saying about lost phone.

 

I am assuming you reported the lost phone to the company? Or to the police at all, if so did you get a crime/incident number? Just asking in case it may be relevent. If so, they should have followed certain procedures. At the very least they should have terminated that number. And seem to be pursuing you now for costs/calls you didn't make eg your phone was lost somewhere, someone else seems to be using it, you were not responsible. To my mind, anyway.

 

Others will help you with what to do next ... but relax. There are things that can be done.

[Guest forgottenone]

Okay, read through some of your older posts, to get a clearer picture on this and saw you have no paperwork regarding the lost phone? So, which case, disregard what I said about police etc.

[IdaInFife]

Forgotten is in the correct track.

 

What type of contract was it?

what was the min term?

did you report you phone lost to police and o2?

 

Idax

[mr.ton]

Oh dear...yet more "we will instruct our solicitors" porky pie nonsense....

[bustamante]

never phoned the police as the phone wasn't insured.

 

it was a standard 18 mth contract, £25/mth

 

i did report it to O2 but they reckon they can't find any trace of my call. Then told me to call Lovells as they can't do anything further.

 

I'm surpised O2 didn't contact me when the first £400 was put on because it's plainly obvious this was an unusually large monthly bill.

[palomino]

Perhaps you could claim against O2 for not checking with you when suddenly a much larger bill was incurred.

It sounds negligent on their part.

 

In retrospect you should have reported to the police just to get a crime number. Things are getting difficult because have no hard evidence which is a shame.

[bustamante]

I've receieved another letter from Lowells saying that they've given me numerous opportunities to settle the outstanding debt and unless they receive full or part payment they will instruct their solicitors to begin legal action.

 

They claim this could result in a charge being put on my property or an attachment to my earnings along with court costs & interest. Or send an 'agent' round to my address to negotiate settlement.

 

I am clearly not responsible for this debt so what should be my next course of action?

 

Do they have to prove that it was me who incurred this debt?

 

I am more than happy to go to court as I believe no court in their right mind will decide that this debt was incurred by me due to previous payment history.

[mr.ton]

I've receieved another letter from Lowells saying that they've given me numerous opportunities to settle the outstanding debt and unless they receive full or part payment they will instruct their solicitors to begin legal action.

They claim this could result in a charge being put on my property or an attachment to my earnings along with court costs & interest. Or send an 'agent' round to my address to negotiate settlement.

I am clearly not responsible for this debt so what should be my next course of action?

Do they have to prove that it was me who incurred this debt?

I am more than happy to go to court as I believe no court in their right mind will decide that this debt was incurred by me due to previous payment history.

 

Dont worry...its all just standard DCA threat talk from Lowells with near zero chance of ever actually happening

They wont go anywhere near a court as its not in their best interests to & no-one will call round as they can simply just be told to go away

[bustamante]

mr.ton, thanks for putting my mind at ease. Should I reply to this letter or ignore them?

[mr.ton]

mr.ton, thanks for putting my mind at ease. Should I reply to this letter or ignore them?

 

The choice is yours as either way the outcome will be the same....nothing will ever actually happen - me personally, im always on the phone to DCA's arguing with them & dictating the law to them

[bustamante]

Do you know if there is a letter template I can send them cos this is worrying my wife something chronic?! She thinks we'll have debt collectors at our door or when we renew our mortgage, we'll be refused.

[Guest forgottenone]

Yes, I will provide it for you in a second ... You will not have them at your door ... if they do ... your house, your rules ... if they try to break in ... set the law on them, and see how fast they run down your street. That's IF they did. I will be back in a moment.

[Guest forgottenone]

Oh, before I do which letter do you want? The 'we are sending ex KGB cousins round to your door to extract blood from you, and enjoy it' ... the 'get lost' letter or another one?

[mr.ton]

Do you know if there is a letter template I can send them cos this is worrying my wife something chronic?! She thinks we'll have debt collectors at our door or when we renew our mortgage, we'll be refused.

 

There are templates on here somewhere, someone should be along to show you as im not sure were?

Tell your wife that she needs to chill although i know its easier said than done - in my 10 years of being plagued by DCA's ive not had 1 turn up at my door once, they are just full of threats that never actually transpire.

If 1 ever did turn up, they cannot take anything from your home & will simply be told to leave, if they didnt the police can called for breach of the peace.

They have no authority over you whatsoever, only a county court does & unless they go there - they are powerless.

A decision on weather you'd get a mortgage or not would be made anyway irrespective of any DCA on the scene.

[Guest forgottenone]

Don't say I never help anyone ...

 

Dear xxxx

Account Ref xxxx

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

 

Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

 

Yours faithfully,

[Guest forgottenone]

And, if they did happen to come round, which is doubtful, shove that out the door between the gap, preferably with your door chained ... so they can see that letter. Or even out an upstairs window, if you have an upstairs. Apart from that, you are under no obligation to open your door to anyone. Unless you can assess their identity or you never invited them to your home. Hence the above letter.

[letsmakeamark]

Dear sir/madam

 

With reference to the above account, I am writing to confirm I am not acknowledging this debt.would you please send me a true copy of this credit agreement. I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a copy of my credit agreement on request and this should be supplied within 12 working days. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Please note that under Section 189 you are obliged to supply these documents whether you are the original creditor or not. I await your reply.

 

This letter may be worth a shot.

[Guest forgottenone]

But it's a mobile phone contract, and as far as I know, these aren't covered by a CCA. Someone here will put me right if I am wrong.

[letsmakeamark]

But it's a mobile phone contract, and as far as I know, these aren't covered by a CCA. Someone here will put me right if I am wrong.

 

 

I think you are right. However what you need to realise is that once you get them to say that they are unable to produce a copy of the agreement they cannot then go back and start harassing you again !!!!

[Guest forgottenone]

Yes, I do follow your logic ... but ...

[mr.ton]

But it's a mobile phone contract, and as far as I know, these aren't covered by a CCA. Someone here will put me right if I am wrong.

 

It doesnt matter what the contract is for, they are still powerless to collect unless they go to the County Court

[Guest forgottenone]

Oh, very well. I am still learning.

[letsmakeamark]

What you must realise is that If for example you once agree a debt then you cannot deny it. The same can and should be used on a debt collection agency. if they comply with a cca request and then after complying tell you they have made a error then let them explain themselves to a court of law.

[mr.ton]

What you must realise is that If for example you once agree a debt then you cannot deny it..

 

You can do whatever you want were DCA's are concerned - its only the courts you cant mess around with