Old O2 account now with lowells

[rb2010]

Hi There,

 

Where do i begin?

 

I recently checked my credit file and found that i had a default on an old O2 account. I thought that the account was settled and sent an e-mail to O2 regarding clarification and to ask for the default to be removed. However, upon e-mailing the customer relations woman, she stated that they had a legal right to keep CRA's updated with payment history and then stated there was still a balance on the account. I requested that she send me any information on the account and clarify, as i did not have any paerwork to state that the account was in arrears. The account dated back to 2006.

 

So after some rubbish e-mails back from the complaints woman i had no real outcome or results.

 

However, today i received a lovely letter from lowell portfolio stating that i owed £360 for an O2 account.

 

I will upload the letters if possible. I am totally confused as to where to go from hear and any advice would be much appreciated.

 

Many thanks,

RB

[saintly_1]

Have they proved that you actually owe the debt ?

[rb2010]

Nope,

 

That's the thing, i requested that they supply me with all the information regarding the account and remove the default. She replied by saying that because the account was not a credit agreement then they could not issue defaults. I argued that there was a default on the CRA file and that she should send me a copy of the default notice. The complaints woman sent me some more palm off e-mails before i got the letter from lowell. I will try and post my coresspondance as well. I stupidly sent a CCA request originally, when i should have sent a Subject access request. I just can't believe they just sold the supposed debt on, before fulfilling my complaint.

 

So, to answer your question, no they haven't proven the debt is mine. I have until the 25/2 to reply to lowell. or so they say.

[rb2010]

Here is the most recent reply to my complaint. Can i just say that i did make payments to moorcroft and was under the impression the debt was settled. I never ever received e-mails or letters from them. the account was passed to mooorcroft and i made payments because i was constantly harassed by them. If she says moorcroft picked the debt up for repayment, then how can they pass it to lowell?

 

 

Good afternoon Mr Bell

 

Thank you for your email sent on 27 January 2009 about the response you received to your complaint last week.

 

I’m sorry if my response didn’t clearly explain our position.

 

I’m aware that we’ve added a default for non payment to your credit file and my email doesn’t state otherwise. You quoted a requirement under the Consumer Credit Act and my email explained that, as we’re not regulated by this act, we don’t need to issue a notice of default to record defaulted payments with the Credit Reference Agencies. I’m sorry if you misunderstood me.

 

The circumstances surrounding the debt are that, as explained in my earlier email, your number was disconnected on 2 March 2006 due to non payment. As you were within the original contract period, you were charged a termination fee which is line rental up to the end of the 18-month contract you agreed on 11 November 2005. When this amount wasn’t settled in full, we’ve recorded this with the credit reference agencies.

 

You mentioned that you have no recollection of us contacting you about this amount however I can see that we sent emails and wrote to you after the number had been disconnected. You made payments for five months after we issued our final bill which would indicate you were aware of the amount outstanding. For your information the last payment we received was on 18 October 2006 and came via our debt recovery agent, Moorcroft.

 

We have a legal obligation to record the way in which customers make payments and therefore can’t remove entries that are a true reflection of your payment history.

 

I hope I’ve clarified our position further for you.

 

Kind regards

 

Kirsty

 

Kirsty Eatwell Executive Relations

t 0845 3300683

 

O2

www.o2.co.uk

[saintly_1]

Send them this amended to suit

 

 

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

[rb2010]

Hi,

 

Many thanks. I'll get onto it. Should i send to both lowell and O2 as i have letters from both?

[rb2010]

Further to my earlier post......which was a copy of the reply from the O2 complaints dept......

 

 

Is this legal?

 

"I’m aware that we’ve added a default for non payment to your credit file and my email doesn’t state otherwise. You quoted a requirement under the Consumer Credit Act and my email explained that, as we’re not regulated by this act, we don’t need to issue a notice of default to record defaulted payments with the Credit Reference Agencies. I’m sorry if you misunderstood me."

 

Many thanks

[Kerrie78]

Hi. Don't know if this is of any help but this company was on Watchdog a few weeks ago for sending letters out to people without actually being able to clarify any details etc.

I guess there would be more info on the watchdog website as I dont really remember much sorry.

[Conniff]

There is NO legal requirement to record defaults with any cra, they do it out of buggerance and to get back at you knowing it lasts for six years.

 

Ask Lowells for proof of any money outstanding, not just O2 says so, but real proof. No proof, no payment.

[rb2010]

Hi Guys, Sent this e-mail to the O2 woman.

 

Dear Ms ,

 

Firstly may i thank you for your speedy reply to my complaint query, however, i would like to express my disatisfaction in your overzealous approach to my complaint. I hope you do not treat all customer complaints with the same approach. As yet you have still not given me any explanation or proof that the balance in question is still owed by myself other than some poor attempts to deny that i have any reason for a query. Instead, what you have done is pass my account to Lowell Portfolio I.

 

Obviously, you may have been expecting an e-mail such as this, since the way you have dealt with my query has been nothing less than underhand and disgraceful. I especially like how at no point in your last e-mail did you happen to mention that my account has been passed on to the previously mentioned company, until the letter from Lowell Portfolio I dropped through the postbox.

 

I would point out that I have no knowledge of any further debt being owed to O2, as looking at my records after making payments to Moorcroft, i was told by them that the account had been settled.This may explain the reason why the account had not been pursued by yourselves since 2006, until i queried the default on my credit file, of course.

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

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

I 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 look forward to your reply in writing.

Yours faithfully

Edited February 25, 2009 by rb2010

[rb2010]

Also sent the template letter to lowells, but just got this e-mail back from O2 today.

 

Hello Mr Bell

 

I have asked that you’re not contacted by Lowell’s until we’ve investigated this further. I’m sorry that you weren’t aware we’d passed the debt to them.

 

You’ve mentioned you were advised by Moorcroft Debt Recovery Ltd that the payments you’d made were sufficient to settle the account. While I make further enquiries can you please establish if you have any correspondence from them confirming this as we have nothing to suggest this is the case, hence the default some time later.

 

I’m sorry you’re unhappy with the way I’ve responded to your complaint. My decision was based on the information available to me but I’m happy to review this given your recent update.

 

I’ll contact you once I’ve clarified things further. If you need to speak to me please don’t hesitate to call me on the number below.

 

Kind regards

 

So, where do i go from here? When i originally contacted O2, i questioned the fact that the account had been settled, but it was ignored until i included the template letter in the complaint.

I have had a look for some correspondance, but can't find anything to say the account has been settled, so what do i do now?

Thanks

RB

[rb2010]

Hey There,

Just received this e-mail from 02 regarding my debt. they explain that i am liable, however they have never pursued me since October 2006, the only reason they have started pursuing me is because i queried a default notice on my credit file.

can anyone give me advice on what to do? This debt is purely due to a termination fee, the debt is not for any outstanding call charges etc.

the reply is as follows:

Good afternoon Mr Bell

 

Thank you for your recent emails. As promised last week, I’ve made further enquiries into your claims that you had no knowledge of the outstanding debt and that you were advised by Moorcroft that the debt was settled in full.

 

For ease of reference I’ve responded to your points below, as laid out in your email dated 19 February 2009:

 

· You state that you have not received any explanation as to how the balance is owed. Please refer to my email of 26 January 2009 which states that “I’ve checked the account history and I can see that your number was disconnected on 2 March 2006 due to non-payment. As you were within the original contract period, you were charged a termination fee which is line rental up to the end of the 18 months. When this amount wasn’t settled in full, we’ve recorded this with the credit reference agencies.” My email of 5 February 2009 states that “The circumstances surrounding the debt are that, as explained in my earlier email, your number was disconnected on 2 March 2006 due to non payment. As you were within the original contract period, you were charged a termination fee which is line rental up to the end of the 18-month contract you agreed on 11 November 2005. When this amount wasn’t settled in full, we’ve recorded this with the credit reference agencies” I also explained that “You mentioned that you have no recollection of us contacting you about this amount however I can see that we sent emails and wrote to you after the number had been disconnected. You made payments for five months after we issued our final bill which would indicate you were aware of the amount outstanding. For your information the last payment we received was on 18 October 2006 and came via our debt recovery agent, Moorcroft.”

 

· I’m sorry I didn’t point out that the debt had been assigned to Lowell’s. We’re permitted to reassign debt if we’re unable to recover monies from our customers.

 

· I’ve contacted Moorcroft Debt Recovery Ltd who have confirmed that they didn’t issue confirmation of full and final settlement. Their records show that their account was closed and passed back to us as uncollectable.

 

· As there is no question over the fact that you are the debtor associated with this account we’re not acting unfairly.

 

· You are not a third party; you are the account holder, so for us or our associated agents to pursue you isn’t unfair. Since you contacted me regarding the correspondence you received from Lowell’s, their action has been placed on hold so I do not agree that we are using deceptive or unfair methods.

 

· We do not believe our demands for payment to be unjustified and have provided detailed explanations as to how and why the balance is due. Therefore, I do not agree that our actions amount to harassment.

 

· I temporarily suspended debt recovery activity with Lowell’s whilst I was in contact with Moorcroft Debt Recovery Ltd. However, as we have provided evidence that you are liable the suspension will be lifted and Lowell’s will continue in their attempts to recover monies from you.

 

I’m sorry that this isn’t the outcome you were hoping for but I trust that I’ve clarified our position further.

 

Kind regards