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Lowell Portfolio and T-mobile

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Good Afternoon,

 

This is my first post on this forum but in opening can i say what a pleasure it is to see so many people wanting to help.

 

My story is much the same as others on here in terms of receiving a letter from Lowells stating that they had purchased a debt from T-Mobile (formerly One2One) and this amounted to circa £350.00 worth of call charges and £630.00 early contract termination.

 

In short the "debt" apparently was registered to an old address which I left intially in 1999 after the break up of my marriage (although i did actually own the property through to June 2006).....

 

I know however that i have never had a contract with T-mobile and in fact have only ever been with BT Cellnet / O2.

 

Anyway after a few sleepness nights I decidedto do a trawl on the web to check these people out....after visiting this site I have sent them a proove it letter........by special Royal Mail delivery which they received and signed for last Wednesday (2nd December 2009)

 

My one question now is "do Lowell have to respond to this letter and if so within what timeframe"

 

I understand that mobile phone contracts are not subject to CCA's and this being the case, on the assumption that Lowell reply, what am I likely to receive back and how should I treat the response.

 

Any help and or guidance would be greatly appreciated.....

 

Thanks and Regards,

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The Leeds Losers will send you back a printout of your alleged debt purporting to come from TMobile though in all likelyhood its more likely to be a printout of a spreadsheet done by some threatmonkey in Leeds


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SAR T Mobile chances are they will have no information on you any longer and the account will come back as closed with a balance of zero. Once you get this in writing photo copy it and send it to the bottom feeders.

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if i was you (i've dealt with them ALOT in the past) - i would ask them to produce a true copy of the CCA, in which case, if what you say is correct and you have never had a T-Mobile contract, they would have nothing to produce, i'm sure someone will be able to put up the link for the CCA letter (caggers?) :) - no need to send a SAR yet, remember it's up to THEM to prove you owe this money not up to YOU to prove you don't.

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When was the last time you had any contact or payment towards this?

If it is as long ago as 99, or 03 for that matter it will be Statute Barred and they can go play on the motorway.:D

 

MOBILE PHONES DO NOT COME UNDER THE CCA


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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SAR T Mobile chances are they will have no information on you any longer and the account will come back as closed with a balance of zero. Once you get this in writing photo copy it and send it to the bottom feeders.

 

 

Do not waste £10 on a SAR. You never had any account with TMobile so the Leeds Losers will not be able to prove any debt exists between you and T Mobile

 

if i was you (i've dealt with them ALOT in the past) - i would ask them to produce a true copy of the CCA, in which case, if what you say is correct and you have never had a T-Mobile contract, they would have nothing to produce, i'm sure someone will be able to put up the link for the CCA letter (caggers?) :) - no need to send a SAR yet, remember it's up to THEM to prove you owe this money not up to YOU to prove you don't.

 

A mobile phone debt is NOT covered by CCA 1974 so a CCA request is pointless.


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So as I have never had a contract with T-Mobile and from what I understand I really dont have to do anything until Lowell send me proof of this supoosed debt, which cant exist.

 

If they do send me a copy of the outstanding debt then I suppose this should carry some reference to the T-Mobile account.....otherwise how could I, if required, apply for a Subject Access Request ?

 

REgards,

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Sorry.........also meant to ask is there a timeframe in which Lowell have to issue a response to my "proove it" letter ???

 

Thanks........

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Hi,

With a Prove it Letter, there is no timeframe however, if they haven't replied say within 3 weeks you could prod them but to be honest, I would just forget it. As you say, you never had an agreement so they can't prove a thing.


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Thanks SilverFox..........much appreciated.........

 

Regards,

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So as I have never had a contract with T-Mobile and from what I understand I really dont have to do anything until Lowell send me proof of this supoosed debt, which cant exist.

 

If they do send me a copy of the outstanding debt then I suppose this should carry some reference to the T-Mobile account.....otherwise how could I, if required, apply for a Subject Access Request ?

 

REgards,

The Leeds Loser will probably send you a ''Heres one we made earlier'' supposed printout from TMobile showing just a jumble of figures and claim you owe TMobile. Do not even think about wasting a tenner on a SAR as it is not up to you to prove a debt exists but rather it is up to the Leeds Losers to prove

1. A debt actually exists

2. You are the person who owes the debt

3. They have a legal right to be chasing the said debt

3. If they wish to institute Legal proceedings then they will need to produce a written contract between you and T Mobile

 

Sorry.........also meant to ask is there a timeframe in which Lowell have to issue a response to my "proove it" letter ???

 

Thanks........

There is no specific timeline for the Leeds Loser to produce these documents. Lets face it they dont actually exist so how can they produce them. Wait and see what nonsense the come back with and we will advsie you further. In the meantime it is safe to ignore these parasites


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Thanks for the guidance ODC.........will keep everyone updated as appropriate.........you never know my experience may help others too....

 

Regards,

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No matter what crappy letters they may send you with their various threats I have probably already received them before. If not you can rest assured someone on here already has. They are so predictable


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the prove it letter i believe does actually request them to provide you with a copy of an agreement (not CCA but agreement of contract in general reagrless of type) in terms of providing you with evidence. A statement of account is not prove that the debt is yours. only a true copy of an original agreement/contract (not CCA in this case) between yourself and T-mobile can be classed as prove but even then it may have been fraudleuntly taken out in your name. i suspect that if your former partner still lives at your old address that they might well be responsible for it. have you confronted them about it yet?


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Hiya Teaboy.....

 

No I have'nt contacted my former partner and to be honest dont actually intend to do so..........at the end of the day as far as I am aware there is no legal requirement for me to give Lowell any details about anyone else and to be honest they can get st*ffed if they think i am going to help them give other people sleepless nights like they have given me......faceless bunch of doyles........

 

Thanks for the post and i will take on board your comments in terms of the contract etc etc etc ......

 

Regards,

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Hiya Teaboy.....

 

No I have'nt contacted my former partner and to be honest dont actually intend to do so..........at the end of the day as far as I am aware there is no legal requirement for me to give Lowell any details about anyone else and to be honest they can get st*ffed if they think i am going to help them give other people sleepless nights like they have given me......faceless bunch of doyles........

 

Thanks for the post and i will take on board your comments in terms of the contract etc etc etc ......

 

Regards,

 

I agree. Why should you start any trouble with a former partner just because a parasitic DCA like the Leeds Losers is on your case. You are under NO LEGAL OBLIGATION to confirm anything to them. They must prove everything.


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Good Morning,

 

Just a quick update........

 

I have received a letter from Lowell accepting that the debt is not mine....they seem to be suggesting that they knew this already but the debt was linked to my previous address.

 

From this I can only summise that even though they knew the debt was not mine they still thought that they would chance their hand and suggest that is was..........presumably in the hope that i would panic and pay it anyway......

 

I am going to have a deeper look at the inference in their letter and consider taking them to task about harrassment and time wasting........and hit them with a bill and sell their debt on to a DCA........

 

Thanks in the meantime to everyone who offered their guidance.....

 

Have a great christmas peeps......

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As you say. They just expected you to roll over and cough up


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