Three & Lowell

[evancosmo]

I've got a default on my credit file from Lowell's in relation to a three mobile phone contract. Bit of a long story but got into difficulties a few years back. The amount of the default has trebled since Lowell got their hands on it. Prepared to pay what I owe but not these outlandish charges. Any thoughts on this one guys? I'm assuming CCA 1974 doesn't apply as this is in regard to a service provided.

 

Thanks

[Bazooka Boo]

Yes your correct, a CCA doesn't cover Mobile phone contracts, you need to SAR them instead.

[postggj]

you will prob find they have terminated the contract

 

the reason the bill is so high is that they would have included how meny months were left on your contract as well as the curent bill

[evancosmo]

So, excuse the ignorance here, but what good will a SAR do? Do telecoms contracts need to be covered by a properly executed consumer credit agreement?

 

Have no idea what approach to take, all assistance gratefully accepted!

[Bazooka Boo]

So, excuse the ignorance here, but what good will a SAR do? Do telecoms contracts need to be covered by a properly executed consumer credit agreement?

 

A mobile phone contract does not come under the consumer credit act, so sending them a CCA request is a waste of time.

By sending them a SAR this will show you all of the information they hold on you aswell as all transactions/payments/bills/ charges added etc etc

[evancosmo]

OK, so doing a SAR seems to be the way forward initially. I suppose taking postggj's comments from above it would seem that the total amount could be about right (there was 9 months or so left on the contract before it went into default).

 

I'm still unclear about why I should do a SAR in the first place. If I have no way to challenge this default & the total amount owed (like I could with a improperly executed CCA); should i just be talking to the DCA & making an offer for F&F to have the default satisfied?

 

Sorry if I'm appearing dense, this is all very new to me.

[buzby]

So am I. There's little point paying a further £10 for info that may not help you.

 

First tthings first - Only Three UK can default you for not keeping to yuor contract, not Lowells or anyone else. You will have given 3UK permission to search your credit file and report your dealings, but you wouldn;t have done this with Lowells, so if they've defaulted you - get that reversed, and if they refuse, report this to the ICO and the CRA as a DPA breach.

Edited July 20, 2009 by buzby

[evancosmo]

Has anyone pursued a DCA for defaulting on a telecoms agreement as mentioned in the above thread?

[buzby]

Not sure what you mean. It is the DCA that does the pursuing. The agreement would be with the mobile network, so with no agreement the ex customer could not 'pursue' them in any meaningful way.

[evancosmo]

OK, i did a general who are you letter on this one (as I'd not had any correspondence with the DCA) they've come back & said I am their customer & the date / amount of last payment. Going to SAR them now for the data protection breach. Thanks Busby, useful input!

 

EC