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Help please. Philips / Lowell advice required


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Hi, I know there is a lot of advice on these guys, but, need a little more if possible.

 

I received a Notice of instruction from Amanda Middleton at Philips in regards to a debt I unaware of from Nov 2004. I searched around a bit until I found this haven of knowledge and assistance on the web.

 

Taking the advice posted on the forums here at CAG I sent an email to Philips as follows:

 

FAO Amanda Middleton

 

Dear Madam,

 

I have received a notice of instruction in regards to the above reference number, as I am unaware of what this debt is for or to whom it is owed, I am making a formal request for a copy of the signed, executed credit agreement for the above account under Sections 77-79 of the Consumer Credit Act 1974.

 

Yours faithfully

 

5 days later I received the following response via email from Robert Burns (this is word for word and in full, I have omitted nothing from their response)

 

ist inrespect of 3G mobile

 

:evil:

 

Naturally, this wound me up a little so i responded as follows (sorry for dragging this on, just wanted to give you a full background)

To: Mr Robert Burns,

Apologies, but, I fail to see how your response could be considered to be even close to my original request for 'a copy of the signed, executed credit agreement for the above account under Sections 77-79 of the Consumer Credit Act 1974.'

Quite frankly, I find the below email response from yourself in regards to my request to be nothing short of insulting.

Please supply as requested above, a copy of the signed, executed credit agreement for the above account under Sections 77-79 of the Consumer Credit Act 1974, by law, as I am sure you are aware, you have 12 days from my original request (14/05/10) to supply myself with this.

By my calculations this means you have until the 26th May 2010.

 

I got home from work yesterday to find a letter dated the 17th May (3 days after my original CCA request and the day before the above pathetic email response from them) Stating that despite their previous demands for payment (1st and only letter received 13/05 ) I have failed to clear the arrears etc and as the arrears remain outstanding they must be paid in full within 7 days of this demand and if i ignore this demand or fail to arrange payment within 7 days they will instruct their solicitors to recover the oustanding balance on behalf of their client or pass this on to one of their DRA to attend my premises to execute recovery procedures.

Im a little confused, if Philips are a DRA who will they pass it on to?

If its in dispute, why did they send a more threatening letter?

Should I reply to the letter / email they sent telling them that i am yet to receive my CCA?

If they fail to provide the CCA by the 1st June (12 working days) what happens then?

Sorry for the length of this post guys, but, i would really appreciate any assistance you can give me (this is starting to stress the little lady out and as we are expecting twins at the moment, she doesn't need the additional stress :|)

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2004 so its almost sb'ed

 

you REALLY need to ignore these fleecers

 

they have obv brought a whole list of old almost statute barred mobile phones debts.

 

you are under no obligation to pay them at all

 

they are NOT bailiffs they have NO LEGAL POWERS.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Philips are bailiffs, however they cannot use any powers without authorisation from the court which means there would have to be a CCJ in place first which has been defaulted on.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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current ploy with them is to try and use their bailff status to frighten people into paying when they are in-fact only acting as a DCA for the debt.

 

several threads on this over the last few weeks.

 

even their letterheads are very misleading.

 

DON'T be fooled

i know of not ONE mobile phone debt that has ever got to court.

 

dx

Edited by dx100uk

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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shows they dont know what they are doing anyhow

i dont think you can cca a mobile phone debt

unless you did sign a contract?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 5 weeks later...

Your Sections 77-79 would need to include the £1.00 fee so could not be done by e-mail.

 

Philips seem to be working for Lowell Finacial a lot lately, sending DCA letters on their Bailiff headed paper. It would seem they are having a last shot at Lowell statute barred accounts.

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you cant cca a mobile phone a/c is not a credit agreement.

 

ignore the fleecers

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 months later...

Hi

as far as I am aware mobile phone contracts do not come under the CCA rules, but the companies chasing these supposed debts are regulated under the data protection act so you should issue a data subject notice to stop them processing your data, if they do not comply you would be able to report them to the information commisioner and then sue for compensation (for what its worth) if enough people report them the information commisioner will have to something eventially, if they are not told then they cant act against them, fill up the mail box of phillips with untold requests for information and demands for a response, they have to open them and dispose of it all, it all costs them money just in waste disposal

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