Lowell Portfolio - 3G - T3 - Mobile Phone Nightmare

[iwizgonna]

This must be unique - can someone give me some guidance please? Bear with me - everything you read is true....

 

Nov 2007 - called by T3 (a mobile phone agent) but he stated "..on behalf of '3'...". Chap tried to tell me I was entitled to a free phone; challenged this three times (no apology for the biblical analogy!) but he was adamant there was "..no further commitment." (I was almost at the end of my current '3' contract); on that basis, I accepted the phone (how naiive, I hear you say); no paperwork when phone arrived - bonus, it is free (I thought at the time); bank statement six weeks later shows direct debit has changed (is less, in fact!); called '3' to ask why - new contract, they say! What new contract, I say? And the rest is history....'3' refused to release me from a contract that I didn't knowingly enter into and that they don't have any evidence of (I have asked them to provide my verbal 'recorded' consent or written equivalent - none to date, surprise, surprise!).

 

Stopped paying on principle (after much written correspondence) and - after two DCAs threatening the usual stuff having given up - heard nothing until Lowell Portfolio recently 'bought' the debt and marked my credit file with a default notice 18 months before they bought it - how? They are now threatening all sorts, but their letters are an exercise in obfuscation - designed to scare folk into coughing up. I won't pay - again, on principle - because there is no substance to the debt or the alleged contract. How can this be happening without any evidence? I have offered to pay them if they produce a mere morsel of the evidence previously described, such is my confidence that there is none!!!! I always meet my contractual obligations - real ones, anyway - HELP?

[Mr lex]

Hi iwizgonna,

 

Welcome to the Consumer Action Group

 

It must be that time of the year again. We suddenly see a spate of *3* Red, Lowell's etc.

My wife had a similar problem with them back along.

 

Her thread is here :- http://www.consumeractiongroup.co.uk/forum/showthread.php?197499

 

You may find there are some useful contacts there.

 

I have no doubt the others will be along soon with some more ideas.

 

Lex

[silverfox1961]

Hi

Regarding the default. 3 would have originally placed it and when Lowell took it over, they replaced the original name with their own hence the discrepancy over the dates.

As for getting it removed, that's a toughie. The only way I have seen to force them to remove the default is to sue them (on the assumption they don't do it voluntarily)

If they were to defend, I think they would need to rely on the phone conversation but if it is as you say, they won't want to

[iwizgonna]

Thanks [Mr Lex] for the link - greatly appreciated. I'm concerned that in this case - getting on for 4 years - there is a continual pursuit of an entirely innocent party and no matter how many times I repeat the same facts they dismiss them by hardly acknowledging what I say. And the liar (for that's what he is) who got me into this mess no doubt secured his commission and couldn't care less about the impact this has on my life - surely they need evidence to pursue me? This is contract law - doesn't there have to be acceptance of the contract? Which - of course - there is none in my case (knowledge of a contract that I could - or would - have accepted).

Lowells et al keep banging on about "..inserting the SIM card and using the equipment is taken as acceptance.." - that would be valid if I had knowingly done so (not even sure a new SIM card came with it, to be quite frank!).

Am I bleating now? Can anyone help this Shaun!?

 

@silverfox1961

Sue them? How? Unless small claims, I doubt I could afford that.

Is the fact that the address was two years out-of-date (and was known to be by the original creditor) significant? There's no way I could have received that notification - unless I kept Royal Mail in profit (is that possible!?) by having my mail forwarded for 2 years minimum, of course!

Any ideas? Grateful for initial response, too!

[locutus]

Righty, mobile contracts report on your credit file which remains for 6 years. This is the only real downside I see you facing at the moment. Try checking your credit file and see the state of play there as that is the thing that may effect your life for another 2 years!

 

If a DCA requests money for a disputed debt the solution is simple... Write to them and tell them that it is against OFT debt collection guidelines for them to try to collect on a debt that is in dispute. If they continue to harrass, report them to the OFT. If they phone just tell them "all communications need to be in writing" and hang up. (don't get into a battle of witts with them, it's not nice to pick on the unarmed!)

 

IF they have recorded negative information on your credit file as I suspect, you will probably have a fight with 3. To get them to put things right, unless they see sense, the only way you'll see any real justice is thrugh court I'm afraid. Until that point, follow their complaints code (located here.) and hope the 3 brain cell is on duty that day

[letsmakeamark]

Tough one.

[rebel11]

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