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    • a 'witness' to it not arriving till the 15th is sadly immaterial too. regardless to the above anyway, the PCN remains valid. 
    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
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Lowell and old 3 debt


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Hi Everyone

I recently received a letter from 3 mobile telling me they were passing an alledged debt on to lowell

 

the letter i got from lowell says that they now own the debt and that it is now £787 instead of the £160 that 3 were after

 

this go's back to 2006 and i have always disputed the amount on the grounds that they cut the phone off and then carried on charging line rental for the next two months,

 

This £160 has been through various collection companys in the last few years but never have they asked for more than £160.

 

The letter from lowell now includes a breakdown of my account and they have added after 4 years an early termination fee of over £500 pound

 

i have told lowell that this is not allowed after 4 years and they say they can add the fee any time they like,

 

Can somebody please let me know where i stand

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Guest Cartaphilus

Welcome. Never heard of them myself ... I mean there's Lowells lf course ... Some relatives called Powell ... But anyway, can you type out what it says so we can get a better idea of things? Also, confirm it' lowells as there is no dca called that. Thank you.

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Guest Cartaphilus

But another question, as I wasn't on my computer before when I posted ...

 

The letter from lowell now includes a brakedown of my account and they have added after 4 years an early termination fee of over £500 pound i have told lowell that this is not allowed after 4 years and they say they can add the fee any time they like,

 

Well, if the account was closed down, have they explained in this breakdown how exactly they can be adding £500 for an early 'termination fee?' four years later?

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Guest Cartaphilus
Regardless of whom the

link3.gif

actually is, they have no legal power to do anything other send threatograms out.

This wont be covered by the CCA with it being for phone, however you still have many legal rights on your side to protect you from sharks like this.

A good start is to report them to the OFT and trading standards.

If you wish to repay anything, then only what you can afford, not what they dictate, if that be £1 per month then so be it.

TBH, and I am not saying you are wrong, but I think the OP also needs to establish what the exact amount owed is before agreeing to pay them anything. Oh, that's it's also taken them all this time to show up as well. Rather dubious, ie is this the OPs debt at all and not some chancers just sending a letter hoping someone will pay?
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Guest Cartaphilus
after 4 years and they say they can add the fee any time they like, Can sombdy please let me know where i stand
Really, can they? Hmmm. Depends how they choose to interpret things, doesn't it? I am sure some here with more knowledge than me will have something to say about that. Certainly, it can't be an early termination of anything as your account was terminated back in 2006 (?). I have a letter in mind but won't post it yet in case more experienced people here have other ideas.

 

*carries on apparently talking to self, logs out instead*

 

But here's something you may find interesting ...

 

http://www.bbc.co.uk/blogs/watchdog/2009/01/the_chase_for_debts_not_always.html

Edited by Cartaphilus
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Hi

the letter is from Lowell Portfolio

it says

Assignment of debt

We are Lowell Portfolio 1 Ltd, a specialist debt purchasing company and 3G mobile sold the debt arising from you account , Refrence number ********* to us on the 25/08/2010. This mean we are now the legal owner of your debt, soi the oyutstanding balance of £734.72 is now due to us.

Why your outstanding balance id due:

3g Mobile sent you a final bill with a breakdown of your balance which is made up of:

outstanding call charges/linerental £156.87

Early Termination Fee £577.85

Your Statment is attached

the statment attached is a summery of the outstanding balance which was provided by 3G Mobile. it displays the invoice which remain unpaid and how the outstanding balance is made up including any early termination fee, which is the chrge added to your account if the contract was cancelled prior to the agreed end date. this charge was detailed in the terns and conditions when you signed up to the contract.

 

it go's on to say how to clear the balance

the statment shows the lastbill to be dated 07 oct 2006 but they disconected the line in june 06. the early termination fee do's not have a date and privoius collection agencys have never metioned this fee or tryed to collect it on behalf of 3.

i wouldalso like to point out that the origanal agrement was done by phone thought an agency so no singed agrement

Edited by belgarion22
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Guest Cartaphilus

Um, I'd really have a think about editing out that reference number if it's private ie your account number. There's something odd about that letter, in that the fees don't make sense; how far were you into the contract before the line was terminated and how long was there left to run on it ie 18/24 months? Still doesn't look right to me, though and they aren't allowed to add fees.

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Guest Cartaphilus
How do i rename this post

 

You can't, you'll have to get one of the site team to change it. And contact Lee (if that's whom to contact now) as per SG's suggestion. I am thinking TBH, it's another one of those debts as per the link to the Watchdog article I gave you. If you've read it you will see how these amounts magically change from £14 to £800 without warning, no mention of it previously like in your case.

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Guest Cartaphilus

Whilst thinking about it, but 3 have taken their own merry time haven't they selling it after it's been through so many previous DCAs.

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Guest Cartaphilus

Hmmm, I see, then re what they are claiming about the fees. Don't know what to suggest now, as that letter I had in mind won't apply here. Now I've logged out/in to clear up a glitch.

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Hi belgarion22,

 

Just to provide a little clarification to this thread and confirm that Vodafone and 3 are two separate companies and as such I wouldn't be able to access the account in question here to assist you directly.

 

However, you may find writing a letter to the details in post 7 of this thread with a detailed account of your side of events which led up to the default a worthwhile thing to do.

 

So that additional advice can be provided in thread are you able to disclose further details relating to the suspension of your airtime service and what contact was made with you between then and the point at which the default was registered?

 

Kind regards,

 

Lee

 

Web Relations Team

 

Vodafone UK

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  • 5 months later...

Hi Everyone

just an update on this, I recived a letter from Lowell finacial today it talks about the debt remaining unpaid and that they have answered my query about the debt and have proven that i owe it and that they will now access my credit file and use the information to determin wether i am working have a morgage and wether they will use a door step collection agent or take me to court as i pointed out from the start i dont recognise the debt and that form 5 years all three have asked for is 156.87 which makes up 4 months line rental includin 3 after disconection and the 577.85 was not added till some time last year when lowell started to chase for the alleged debt,

What iwould like to know is what gives them the right to access my credit file and how after all this time could they use a clause in a contract that would have been up 3 years ago to add an early terminaion fee and can i fight the contract on the ground of unfair ness

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This is only Lowlifes here, the fact they, or rather their computer generated letters say that they will be accessing your credit files (CRF) is of little concern, they all do what they please, with little or no impunity, all you can do is keep an eye on your CRF, and when one of the three agencies (CRA'S) allow these fools to search your file, then lodge a formal complaint to the CRA in question.

 

Make a formal complaint about Lowlifes to the OFT&TS and the FOS.

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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