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    • Thanks I just had a quick look.  Will study over the w/e My friend does have kids. But it's a really dysfunctional family.  They don't talk.   Many years ago he sold 2 property assets and gave them a lot of money (enough to buy homes w/o loans) .  They've done nothing for him in the last 2 decades. And he altered his will so his new partner gets everything; the kids nothing (more). The 1st form I glanced at - to be deputy - asks for family details.   If I give his kids details I suspect the authorities may say they should get the deputy job instead?  Then  they will steal the money and give nothing to his partner. I can get a copy of the medical assessment  - and get it translated.  If need be.   This has all happened very quickly.  He got sick. And that must have kick-started dementia.   He was fine to hold a detailed conversation 6months ago; now he cant
    • Hi I think the only way around this as he lacks capacity is someone is going to have to apply to be a deputies via the Courts as he has assets here in the UK and a UK Bank Account which will take time and there will possible be Court Fees to make the application. Also if the Lack of Capacity (Dementia) was diagnosed abroad the person applying for deputies will need that diagnosis and it will need to be translated legally for the UK Courts so possibly cost for this as well. Also for reference although you were assisting them before the lack of capacity and had authority to act on there behalf that no longer stands due to there diagnosis of Dementia therefore Lack of Capacity so you no longer have any authority legally to act on there behalf unless the below is actioned or someone has Power of Attorney for that individual (which was setup before the Lack of Capacity) Have a wee look at these links: https://www.gov.uk/become-deputy https://www.lawsociety.org.uk/topics/private-client/mental-capacity-international-aspects#:~:text=You might need to make,act within the foreign jurisdiction https://www.gov.uk/government/organisations/office-of-the-public-guardian I have got to ask with the Dementia diagnoses are you 100% sure the diagnosis states they Lack Capacity as not everyone that gets a Dementia diagnoses may lack capacity initially. Now the Office of the Public Guardian link above you could also consider giving them a call just to give them a brief on this situation and get there advice on what documents etc are needed for deputies to be appointed as the person with Lack of Capacity is abroad.
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What letter to send to three...


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Hi, i am being chased for an old mobile phone debt, about 2/3 years old by three, well not by three themselves but a DCA (though the default is registered as three)... its for a contract i cancelled but they carried on charging me for even though my time was up, they just said they never recieved the cancellation notice.

 

Ive been ignoring them for ages but now i want to sort out my credit file and wanna get these fake defaults off. What sort of CCA do you write for a mobile phone contract? I know i didnt sign a contract as they never ever sent one for me to sign.

 

When i say CCA, do you even send a CCA as i cant see s.77 to s.79 covering it unless it counts as a hire agreement?

 

Thanks

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CCA does not cover mobile phones. Is it Lowells who are the DCA? They are well known here. Send the losers this. Edit letter to suit and DO NOT SIGN IT.

 

Name/Address:

 

Date:

 

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 CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, 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. AND 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 Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

I have had problems with 3 so i type from experience. A friend cancelled his contract (in writing sent recorded) but they kept billing him. After many phone calls and several letters (the final 1 threatening them with their own watchdog) they backed down, cancelled the contract and sent out a final bill. Now they owe my friend money. I wonder if he should send the debt collectors in LOL?

 

Don't worry you are in the right place to get help.

:cool::cool: Blondmusic :cool::cool:
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unfortunetly this was years ago and i dont have the cancellation request anymore. The contract with them ended two or three years ago and the fact i got a new contract with someone else and never used theirs according to them at the time didnt matter.

 

they passed the debt on to one of these lovely DCA's. Lowell, ive recieved numerous letters from them and threats about taking me to court over the year but never have and ive never responded. But now i wanted to get it off my file so do i CCA Lowell and if so, which of the sections cover it?

 

WOW, its amazing you knew it was Lowell even before i posted that.

 

Would i do the same letter for a 4 year old T-Mobile debt (that was in dispute over them saying i owed a month and me saying i didnt), its for 24 pounds and im sure they have spent more chasing it, though its not Lowell chasing me for that one. These are the only two defaults on my accounts.

 

Do both DCA's have the power to remove the defaults they have put on my credit file?

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Just send them that letter in my previous post. It is up to them to prove you owe the debt and the likelyhood is that they can't. Lowell (Leeds Losers) buy up unenforceable debts. I really would not worry too much about it. I am dealing with them at the moment asking for proof from 3 that i in fact owe the alleged debt despite me cancelling years ago.

 

Don't speak to them on the phone as they will try to get you to pay more than you can afford. Do everything in writing and send all letters by recorded delivery. Never sign any letters (you never know what they will do with your signature) just type your name at the bottom of the letter.

:cool::cool: Blondmusic :cool::cool:
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ok, im gonna write that letter up now and send it Monday.

 

I know they cannot enforce it as i never ever signed a contract when i was them, they just me the phone next day, no paper work or anything.

 

Hopefully this will get it of my credit as a default though i have no intention of getting credit for years to come as im on a mission to get debt free by September and its going well and im on time to be by then. Just trying to get rid of these small annoying pests isn't as easy.

 

thanks again for all your help, its such a shame so many other people don't know about these sites :(

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You don't have to write it up just copy and paste it. Much easier and saves time LOL.

 

I got my phone off them the same way. A phone call and a new phone the next day. No paperwork to sign that i can remember. Don't worry about threat-o-grams from the Leeds Losers. You will probably get letters from Red Debt Collection (another desk in the Leeds Losers office). Don't worry. Caggers have fought the Leeds Losers and won. They are the lowest of the low.

 

Bookmark this thread in your favourites on your browser so you can find it easily (I have lost threads in the past) when you get a reply from the Clowns LOL :D

:cool::cool: Blondmusic :cool::cool:
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OMG! Not these bloody clowns again! Still chasing fabricated 3 debts are they...when you have time make a complaint about them to the OFT

Enquiries Centre

Office of Fair Trading

FREEPOST

London

EC4B 4AH

or e-mail: [email protected]

 

 

Then Ofcom

And ignore any of their computer generated threatogrammes, there just lame attempts to scare people.

You can also check 'for free' your credit report.:-D

 

 

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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OMG! Not these bloody clowns again! Still chasing fabricated 3 debts are they...when you have time make a complaint about them to the OFT

 

 

Enquiries Centre

 

Office of Fair Trading

 

FREEPOST

 

London

 

EC4B 4AH

or e-mail: [email protected]

 

 

Then Ofcom

And ignore any of their computer generated threatogrammes, there just lame attempts to scare people.

You can also check 'for free' your credit report.:-D

 

 

 

I'll email them on Monday and contact ofcom to, ive kept all the letters they sent me so ill scan them in and send them a long, some of them were just damn right rude.

 

I did check my credit report and they have stuck me in default and thats why i want to get rid of them and get them of my credit file.

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As i said i am dealing with the losers myself. Did you get a letter from '3' in the same envelope as the lowell letter saying the debt is now with Lowells and does it have a little DotMatrix square on it? There might be the same Dotmatrix square on the letters from Red.

:cool::cool: Blondmusic :cool::cool:
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i got a letter from three a long time ago saying they passed it on to Lowell and they are dealing with it and haven't heard from three since, just Lowell and Red.

 

Yhea they have the dotmatrix square on both red and lowells so i figured they were secretly the same company trying to scare me.

 

Does this means Lowell can remove the defualt on my credit file. Ive already adapted and pritner your template, sticking in envelope now :)

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They won't remove the default yet. Once you get a letter saying that they have closed the file then i am sure there is a template on here you can send that asks them to remove the default from your credit file. I think that will be another matter though.

:cool::cool: Blondmusic :cool::cool:
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ime going to be following this thread.

 

ive just cancelled an account with three,

i have it confirmed they are now going to send me a final bill.

only took six weeks.

 

its been a complete knightmare and customer service is non exsistant.

they realy dont want me to leave

 

i dont trust this lot and the last thing i need is a letter from scowells in a few years

 

 

DONT BELIEVE ANYTHING UNLESS ITS IN WRITING AND KEEP AT IT UNTIL ITS IN BLACK AND WHITE

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Oh yes that is 3 summed up. They are hopeless. I am fighting the Leeds Losers myself. I want proof from 3 themselves that i owe the alleged debt. Until they send me that then they will not get another penny from me.

 

I had a contract with 3 years ago but i cancelled in writing and paid the final bill. I heard nothing until last year when i got a letter from Wescot demanding £130 for an alleged debt to 3. I fired off the prove it letter, they put the account on hold then 2 months later said they had closed their files and returned the alleged debt back to 3.

 

I then received 2 letters, 1 from 3 and another from Lowell (both in the same envelope) saying i owed them money. I fired off a Prove it letter which they ignored so i sent another letter and enclosed a copy of prove it. They put the account on hold then in January i received a set of statements apparantly from 3 adding up to over £180. Then i got letters from Lowell and Red demanding payment which scared me so i set up a Standing Order to pay £1 per month. The first payment was made on the 1st of march but they kept writing to me saying my account was in arrears by the amount of £1. I wrote to Lowell disputing that i was making regular monthly payments by Standing Order but they ignored me so i sent them a letter asking several questions (which they have not answered to this day) and i enclosed a £1 postal order to clear the 'arrears'. I received a letter back from Red thanking me for my payment and assuring me that my comments have been noted.

 

Then i found CAG debt collection forum so i have fired off a letter demanding proof from 3 that i do owe the alleged debt. I also told them in the letter that if i have to respond to any more letters from Lowell while the account is in dispute then they will be charged at a rate of £30 per letter. Funny i am still waiting for a response after the letter was delivered by recorded delivery. They are a funny lot LOL :D

:cool::cool: Blondmusic :cool::cool:
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Hey everyone, ive done some digging around and ive got myself confused a bit.

 

If you can't CCA a mobile phone contract because its not regulated under the Consumer Credit Act as it counts as a service agreement, then how comes they can put a default agaisnt my nam?

 

Surely it isn't legal or by placing a default they are admitting it is regulated under the CCA?

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They have done the same to me as well. Standard practice for them unfortunately. You can write to the Credit Reference Agency and ask them to put a note on your file saying that the debt is disputed and Lowell have never provided any proof that you owe the alleged debt. I would get rid of Lowell first though then there is a template on her which you can send which asks them to remove any defaults on your credit file but you will only have to send it when Lowell close their file. We are a long way off that yet unfortuately.

:cool::cool: Blondmusic :cool::cool:
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I've just got rid of Three / Lowells after 10 months, they claimed they knew nothing about me cancelling within the 14 days money back guarantee.

 

They also claimed my flatmate hadn't given notice on her contract.

 

It's probably worth sending a Subect Access Request. We did and from the information we got back it appears they don't keep any letters you send but in both our cases the telephone log confirmed the dates we had cancelled.

 

Three's executive office agreed that this was sufficient proof in my case and hopefully will for my flatmate as well. If not it should be sufficient in court.

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