RED - T-Mobile

[WetCloth]

After unsuccessfully dealing with Lowell over a T-Mobile debt, making an offer of repayment and sending them a financial statement, I get this letter today from their b*****d offspring Red Debt Collection.

 

I submitted an honest appraisal of my finances to Lowell and a first payment earlier this month after they sent me a copy of a 'final' bill as 'proof' of my liability. Payments don't appear to have been made since 2007 and monthly charges were simply allowed to accrue without termination for nearly 2 years. The final bill discounted the figure by 40%, but it still amounts to over £400.

 

Should I simply resend my original proposal?

 

I know I can't make a CCA request as it was for a service, is there anything else I can do, any other letter I can send just to get these people off my back?

 

I'd really like to know how much the debt was purchased for. The only charges on the original bill(s) appear to be for non-direct debit and amount to £3 per month.

 

I don't seem to have any defense against these ****s.

[Revenant]

After unsuccessfully dealing with Lowell over a T-Mobile debt, making an offer of repayment and sending them a financial statement, I get this letter today from their b*****d offspring Red Debt Collection.

 

I submitted an honest appraisal of my finances to Lowell (Only a Court has the right to have your I & E) and a first payment earlier this month after they sent me a copy of a 'final' bill as 'proof' of my liability.(Wrong move, unless you're 101% certain the debt is yours a bill proves nothing least of all Red/Lowells entitlement to collect) Payments don't appear to have been made since 2007 and monthly charges were simply allowed to accrue without termination for nearly 2 years. The final bill discounted the figure by 40%, but it still amounts to over £400.

 

Should I simply resend my original proposal?

 

I know I can't make a CCA request as it was for a service, is there anything else I can do, any other letter I can send just to get these people off my back? (You've started the ball rolling with your payment so unless all the relevant paperwork can be obtained and there's a flaw I think you're stuck)

 

I'd really like to know how much the debt was purchased for. The only charges on the original bill(s) appear to be for non-direct debit and amount to £3 per month.

 

I don't seem to have any defense against these ****s.

 

Hi wetcloth

 

These are just my opinions and I'm sure that any disagreements with them will be voiced by the more experienced caggers

 

The first thing you should have sent them was your own prove it letter asking for all the documentation in relation to thier claim and this should include proof that they are in fact entitled to collect payment, you can still request the paperwork from them and see what it brings

 

I don't mean to be a harbinger of doom but IMHO your defence at the moment seems limited

 

But lets not give up and wait and see what the experts make of this situation

 

Good luck

 

R

[WetCloth]

Hi wetcloth

 

These are just my opinions and I'm sure that any disagreements with them will be voiced by the more experienced caggers

 

The first thing you should have sent them was your own prove it letter asking for all the documentation in relation to thier claim and this should include proof that they are in fact entitled to collect payment, you can still request the paperwork from them and see what it brings

 

I don't mean to be a harbinger of doom but IMHO your defence at the moment seems limited

 

But lets not give up and wait and see what the experts make of this situation

 

Good luck

 

R

 

Thanks for your response.

 

On a contract mobile they can't supply much more than a statement can they? What documents do you suggest I try to obtain from them as proof of liability?

 

And I am not necessarliy admitting liability. I am mentally ill and feel as if I have coerced into the position by their constant threat-o-grams. I've only made the statement and token payment in an attempt to keep them off my back.

[Revenant]

Hi wetcloth

OK my limited knowledge now firstly points to you being a vulnerable person and they're obligated to take this into account when dealing with you so something to go on there as I agree with you that you gave in under thier pressure/threats

They should be able to provide a properly executed contract and I believe proof of default/chance to remedy (Default Notice) letter plus proof that they are properly authorised to collect (Notice of assignment)

There now seems to be a bit of light at the end of the tunnel and something for the experts to get thier teeth into

R

[WetCloth]

Hi wetcloth

 

OK my limited knowledge now firstly points to you being a vulnerable person and they're obligated to take this into account when dealing with you so something to go on there as I agree with you that you gave in under thier pressure/threats

 

They should be able to provide a properly executed contract and I believe proof of default/chance to remedy (Default Notice) letter plus proof that they are properly authorised to collect (Notice of assignment)

 

There now seems to be a bit of light at the end of the tunnel and something for the experts to get thier teeth into

 

R

 

 

Ok, thanks for that. Just need someone to step up with some more specialised knowledge. Unfortunately CAB/Mind advice seems centred on making token payments.

[Revenant]

Ok, thanks for that. Just need someone to step up with some more specialised knowledge. Unfortunately CAB/Mind advice seems centred on making token payments.

 

You're welcome wetcloth

I'm still learning and sorry to be cynical and seeming to knock the good work of the CAB/Mind sometimes they just seem to take the easy route as they know no different

R

[WetCloth]

Thanks Rev. Can anyone help with this? Please

[WetCloth]

Sorry to bump this, but can one of the more experienced members please help me or at least tell me where i stand?

[unclebulgaria67]

I am posting to bump the thread so others can answer and also to ask a few questions.

 

1) T Mobile - Were you aware you owed them money? Did they issue default notice and notice they were reassigning ownership of debt ? If you are not certain of debt with T-Mobile, you could submit a subject access request for all information from them, including statement, default notice and other correspondence.

 

2) Lowell - What information did they send you exactly. They are not allowed to just issue a demand. I have seen some of the correspondence they issue and it does not include much information. Did you request proof of the debt from them and if so what did they send to you?

 

Lowell, Red and Hampton legal all part of the same. I have read that it is the same staff that issue the letters, not even separate departments.

 

3) What are you looking for advice on specifically? Do you believe that T-Mobile, Lowells, Red have not acted correctly ? If so, what have they done which you think is not correct?

 

My advice is to continue making the token payments and at the same time continue to look into this further.

[WetCloth]

I am posting to bump the thread so others can answer and also to ask a few questions.

 

1) T Mobile - Were you aware you owed them money? Did they issue default notice and notice they were reassigning ownership of debt ? If you are not certain of debt with T-Mobile, you could submit a subject access request for all information from them, including statement, default notice and other correspondence.

 

2) Lowell - What information did they send you exactly. They are not allowed to just issue a demand. I have seen some of the correspondence they issue and it does not include much information. Did you request proof of the debt from them and if so what did they send to you?

 

Lowell, Red and Hampton legal all part of the same. I have read that it is the same staff that issue the letters, not even separate departments.

 

3) What are you looking for advice on specifically? Do you believe that T-Mobile, Lowells, Red have not acted correctly ? If so, what have they done which you think is not correct?

 

My advice is to continue making the token payments and at the same time continue to look into this further.

 

1. I thought I may owe them some, but whether I do or not is irrelevant if the can't produce the valid documents in court. I never received any kind of default notice.

 

2. Yes, I requested proof of debt and they sent me a copy of a 'final' statement, with a final balance and adjustment to this final balance.

 

3. I wish to know if they have the correct legal documents to enforce the debt. In short, what mobile phone companies require to enforce the debt, and, once provided, whether those documents are valid.

 

I'll continue to make payments, but , as you see, they are threatening me with court action or bankrupcy. If they won't listen to reason, then I rightly need to explore any legal avenues. It's why I'm hoping an experienced hand will see this thread and offer some assistance.

[unclebulgaria67]

So the advice surely is.

 

Make a subject access request to T-Mobile and this will hopefully show whether or not they have done thing properly. Specifically ask them for a copy of the statements and all correspondence including default notice.

 

If they can't provide evidence, then you will have to take this forward with them and pursue legally if necessary. Community legal advice may be able to help.

[WetCloth]

So the advice surely is.

 

Make a subject access request to T-Mobile and this will hopefully show whether or not they have done thing properly. Specifically ask them for a copy of the statements and all correspondence including default notice.

 

If they can't provide evidence, then you will have to take this forward with them and pursue legally if necessary. Community legal advice may be able to help.

 

Thanks for the reply.

 

Yes, the subject access request seems the best immediate avenue, but that still doesn't tell me what documents they require to enforce the agreement. If I don't know what they are then how will I be able to make a judgement as to it's enforceability? I'm hoping an experienced poster here will see this and furnish me with the information I'm looking for.

 

And how do I get Red to leave me alone until I find out? Can I say the debt is in dispute once I've sent my data request? Or is that not sufficient?

[unclebulgaria67]

I have found a bit more information. The advice given is to make a challenge about the default process followed by T-Mobile.

 

If it can be established default process was flawed, it is possible to use legal pressure to get the whole default removed as unlawful. On a defaulted account there will probably be charges as well, so these can be reclaimed along with the default removal, but you need all the data first.

 

When you make the subject access request to T-Mobile ask for the following.

 

1. Full copies of all contracts that you believe exist or have existed between myself and your organisation, including true copies of any documents you hold in support of the same.

 

2. A complete list of all transactions or statements relating to ALL accounts held by me with your organisation.

 

3. A true copy of any Default Notice sent to me prior to your selling the account.

 

4. A true copy of the Notice of Assignment that you issued to me when you sold the account.

 

5. Full copies of any and all correspondence in postal, email or any other format that you have entered into with any individual, organisation or third party which contains my personal / financial information, or which pertains to me.

 

7. Full hard copy print outs of any of my personal / financial information held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.

 

8. Transcripts of all telephone recordings.