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LOWELL sent debt persuit letter to my house, when its my boyfriend who doesn't live here's debt?!?!?! What can I do?


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Hi,

 

My boyfriend alledgedly owes about £600 to TMobile to a contract he has never had! We don't know if this was taken out by someone in his name but at the moment although we can't prove that it was or wasn't his to TMobile, they have not provided him with the agreement either!!

 

They asked him to go into the shop where he brought the phone and contract from as they will have a signed by him ? But he doesn't recall having this phone at all? In fact he had an 02 account at the same time as this and he certainly isn't going to take out another phone contract along side of the other one.

 

So he can't go to "the shop" but I assume they are trying to trick him into this. We replied saying to this effect and this was all in writing. Havent heard from them since about october 2008.

 

Now received this Lowell letter to my address! We've been together 3 years but I still live with my parents and he with him mom.

 

I think from reading all your extremely helpful threads that I need to do a SAR to Lowell? In their letter they state they purchased the debt on 27/08/09.

 

I was wondering how I should include in this letter "How dare you pursue my debt by sending a letter addressed to me to my girlfriends home" Could anyone suggest how i'd write this or does anyone know something legal I could throw in there?

 

I love all the stuff i've read on this website, appreciate if you could help :)

I recorded HFO threatening to add £100 interest on the spot to a £120 owed debt :cool:

 

I recorded HFO breaking the data protection act and admittidly breaking the telecomms act :cool:

 

Oh how funny? HFO called me with a £20 settlement fee for the "inconvenience" and sent me a fabulous letter to confirm the debt is now settled :p

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Hi,

 

My boyfriend alledgedly owes about £600 to TMobile to a contract he has never had! We don't know if this was taken out by someone in his name but at the moment although we can't prove that it was or wasn't his to TMobile, they have not provided him with the agreement either!!

 

They asked him to go into the shop where he brought the phone and contract from as they will have a signed by him ? But he doesn't recall having this phone at all? In fact he had an 02 account at the same time as this and he certainly isn't going to take out another phone contract along side of the other one.

 

So he can't go to "the shop" but I assume they are trying to trick him into this. We replied saying to this effect and this was all in writing. Havent heard from them since about october 2008.

 

Now received this Lowell letter to my address! We've been together 3 years but I still live with my parents and he with him mom.

 

I think from reading all your extremely helpful threads that I need to do a SAR to Lowell? In their letter they state they purchased the debt on 27/08/09.

 

I was wondering how I should include in this letter "How dare you pursue my debt by sending a letter addressed to me to my girlfriends home" Could anyone suggest how i'd write this or does anyone know something legal I could throw in there?

 

I love all the stuff i've read on this website, appreciate if you could help :)

would not the quickest end to this problem have been if he had gone to the shop i assume is local looked at said paper work and denied it being his signature and told them to report it to the police as identity theft job done!.:-|

not to be picky but you do say " how dare you persue my debt " within your thread,he doesnt have a debt?? and how would they have got your address as cross reference to him?? they can be so crafty these dca,s.

Edited by themagcian
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Can I email them to say this or is it advisable to do in writing?

 

Also the address on the top of the letter is a PO BOX. If my boyfriend sends a SAR recorded delivery, will this be pointless as its a PO BOX? Does anyone know how that would work?

I recorded HFO threatening to add £100 interest on the spot to a £120 owed debt :cool:

 

I recorded HFO breaking the data protection act and admittidly breaking the telecomms act :cool:

 

Oh how funny? HFO called me with a £20 settlement fee for the "inconvenience" and sent me a fabulous letter to confirm the debt is now settled :p

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would not the quickest end to this problem have been if he had gone to the shop i assume is local looked at said paper work and denied it being his signature and told them to report it to the police as identity theft job done!.:-|

 

 

They have not told us what shop it is, we are baffled because there are 3 T Mobile shops in the area and a further 8 that sell T Mobile (Such as phones 4 u) etc. So no idea which shop we should try? We don't have the money to trawl around all the shops wasting petrol to find a contract from what they say was 5 years ago anyway!

 

Surely if they want the money, they should provide proof of the agreement. We went through bank statements and were able to show that he had never made a payment to tmobile. However we have a letter from them stating the amount is:

 

£426.02 in call charges

£179 early termination fee

 

Which to me suggests someone paid something at some point? So we want them to prove the agreement is even for him because so far all they have done is said "You owe this debt" but have not provided any further information?

I recorded HFO threatening to add £100 interest on the spot to a £120 owed debt :cool:

 

I recorded HFO breaking the data protection act and admittidly breaking the telecomms act :cool:

 

Oh how funny? HFO called me with a £20 settlement fee for the "inconvenience" and sent me a fabulous letter to confirm the debt is now settled :p

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i would have thought that you need to cca them sending the obligatory

£1 p.o. remember do not sign any thing you send to these muppets just print your name,send recorded delivery and keep a copy of all paper work sent as you then have a paper trail.no matter its a p.o. box.you can just ask if any one has a normal address for them on here cheers,chin up.:D

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i would have thought that you need to cca them sending the obligatory

£1 p.o. remember do not sign any thing you send to these muppets just print your name,send recorded delivery and keep a copy of all paper work sent as you then have a paper trail.no matter its a p.o. box.you can just ask if any one has a normal address for them on here cheers,chin up.:D

Thank you :)

 

I'm a little new / out of practice - is a CCA the same as a SAR?

 

Thank you for your advise :)

I recorded HFO threatening to add £100 interest on the spot to a £120 owed debt :cool:

 

I recorded HFO breaking the data protection act and admittidly breaking the telecomms act :cool:

 

Oh how funny? HFO called me with a £20 settlement fee for the "inconvenience" and sent me a fabulous letter to confirm the debt is now settled :p

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Thank you :)

 

I'm a little new / out of practice - is a CCA the same as a SAR?

 

Thank you for your advise :)

no cca is asking for a copy of the original agreement ,sar is asking for all the information held by them for this acc,payments/statements/notifications,and of course a copy of the original agreement but its £10.:D cca reply is 12+2 days from receiving it ,sar is 40 days from receiving it,after 12+2 acc goes into despute and they can then not sell on your debt as its in despute.after the 12+2 if no cca then you must dsend them the account in despute letter from off cag site ( in templates).
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Just to double check, can I use letter N for this?

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

I recorded HFO threatening to add £100 interest on the spot to a £120 owed debt :cool:

 

I recorded HFO breaking the data protection act and admittidly breaking the telecomms act :cool:

 

Oh how funny? HFO called me with a £20 settlement fee for the "inconvenience" and sent me a fabulous letter to confirm the debt is now settled :p

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Mobile phone contracts are not covered by CCA, so it is no good sending that request. You can SAR them though.

I would send them the 'prove it' letter first before you waste your tenner.

jed

 

yes,but an agreement,if there was one would show if he signed it or not in the first place,or if he was the victim of ID fraud

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or indeed CPR 31 as in the link I posted above,because they are threatening legal action

 

I sent Frederickson International scuttling away like a rat after using that

 

Sorry I think i'm being a bit thick, which link? Could you post it again for the benefit of my very tired mind :)

I recorded HFO threatening to add £100 interest on the spot to a £120 owed debt :cool:

 

I recorded HFO breaking the data protection act and admittidly breaking the telecomms act :cool:

 

Oh how funny? HFO called me with a £20 settlement fee for the "inconvenience" and sent me a fabulous letter to confirm the debt is now settled :p

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Share on other sites

Mobile phone contracts are not covered by CCA, so it is no good sending that request. You can SAR them though.

I would send them the 'prove it' letter first before you waste your tenner.

jed

 

Where can I find the prove it letter? Thanks :)

I recorded HFO threatening to add £100 interest on the spot to a £120 owed debt :cool:

 

I recorded HFO breaking the data protection act and admittidly breaking the telecomms act :cool:

 

Oh how funny? HFO called me with a £20 settlement fee for the "inconvenience" and sent me a fabulous letter to confirm the debt is now settled :p

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sorry

 

the link was in your other thread-read through this-

 

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

I told you I was being a bit thick :p

 

Thank you again!

I recorded HFO threatening to add £100 interest on the spot to a £120 owed debt :cool:

 

I recorded HFO breaking the data protection act and admittidly breaking the telecomms act :cool:

 

Oh how funny? HFO called me with a £20 settlement fee for the "inconvenience" and sent me a fabulous letter to confirm the debt is now settled :p

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You wont feel a bit thick when you've shown these clowns where to go. Lol.

jed

 

Ohhh I can't wait. I hate DCA's. I had a run in with HFO a couple of years ago. Thanks to this forum's advise I managed to:

 

Record HFO threatening to add £100 interest on the spot to a £120 owed debt :cool:

 

Record HFO breaking the data protection act and admittidly breaking the telecomms act :cool:

 

HFO called me back after an hour with a £20 settlement fee for the "inconvenience" and sent me a fabulous letter to confirm to which I paid, and they sent me a letter confirming the debt was settled and gone and done with!

 

Which is why I came here in the first instance!

I recorded HFO threatening to add £100 interest on the spot to a £120 owed debt :cool:

 

I recorded HFO breaking the data protection act and admittidly breaking the telecomms act :cool:

 

Oh how funny? HFO called me with a £20 settlement fee for the "inconvenience" and sent me a fabulous letter to confirm the debt is now settled :p

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