T Mobile Lowell

[scooby3408]

Hi all

 

I sent a prove it letter to Lowell and the sent me my £1 back saying

 

We are in receipt of your recent written request for a copy of your executed credit agreement under Section 77 (1)and 78 (1) Bla Blk

 

Please note that the balance requested for payment is a service agreement and not a credit agreement as defined by the Consumer Credit Act 1974

 

they are trying to get the balance from t mobile put the account on hold

 

Any ideas on what i should do next

 

Thanks

 

scooby3408

[silverfox1961]

Bit more clarity please.

Did you send a CCA request, a 'prove it' letter or both.

 

If it was a prove it letter, they have a duty to provide you with the proof. If it was a CCA request, they are correct and that as a phone account is a service agreement, not a consumer credit agreement.

[scooby3408]

This is what I sent

 

 

Date / /2011

 

Dear Sir/Madam

 

Re:- Account/Reference Number 0000000

 

This letter is a formal request pursuant to s.77(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Using CPUT

 

I enclose a cheque in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

Me

[Bazooka Boo]

Well Mobile phone contracts don't fall under the CCA unfortunately which is why they are service agreements.

 

However, if there was/is something wrong with that service agreement, then the OC should be informed that they are not providing the required service, so if you consistently received a poor or no reception then that can be argued as they have failed to meet their service agreement.

 

So what exactly is the issue with them here?

 

Did you terminate the contract before it had run it's course?

Are there added fees or charges on your account that you dispute?

Did the phone become faulty?

Did you just decide you no longer wanted to pay them the agreed fee?

 

If you need help, then you need to give more than bones.....what you sent is irrelevant for mobile phone contracts.

[scooby3408]

7 years ago I left the country and total forgot about this contract came back 1 year later and they have just started sending the letters

[bernardski]

7 years?? a good chance of it being statute barred then

[Tootles1971]

if it is that old and you have not acknowledged the debt or made any payments in the last 6 years (5 in Scotland) then is it not statute barred?

[silverfox1961]

if it is that old and you have not acknowledged the debt or made any payments in the last 6 years (5 in Scotland) then is it not statute barred?

 

ERM! Yup

[scooby3408]

So I have not acknowledged the debt or made any payments in the last six years, are we saying that this will be statute barred . where do I find the letter template to send to Lowell's

[Tootles1971]

Letter sent when debt is statute barred

http://www.consumeractiongroup.co.uk...statute-barred

 

all the letters can be found by clicking on the "library" link at the top of the page (for future reference

[teaboy2]

I know it looks like, the OP's alleged mobile account is looking to be statute barred but i believe the following will be of interests to all you guys, as it has a very clear message to all mobile phone providers that the phone contracts they hand out are likely to be deemed unfair and early cancellation fees deemed unlawful. Although the link below is reference Gym Membership contracts, the basis of which is still the same for mobile phone contracts:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?307903-Possible-New-Case-Law-Against-Mobile-Contract-Early-Cancellation-Fees

[caaraa]

Bit more clarity please.

[Bazooka Boo]

What??

[teaboy2]

Bit more clarity please.

 

Basically, Gym contracts and Mobile Contracts are the same, they are both for a minimum duration and both charge you early cancellation fees if you A) stop paying before the minimum duration has passed, or B) Wanted to terminate the contract prior to the minimum duration being reached. So the high Court has decided that such minimum terms or more then 1 year are unfair and charging a consumer with cancellation fees that are a total of the remaining monthly payments are unlawful.

 

So in other words, the cancellation fees that mobile providers charge are Unlawful too and the minimum duration of 1 year or more without right to terminate is an unfair term.

[chattanooga]

So I have not acknowledged the debt or made any payments in the last six years, are we saying that this will be statute barred . where do I find the letter template to send to Lowell's

 

I would be prepared to bet that Lowells will almost certainly claim that you sending a CCA request was "acknowledgement" and the SB clock is reset...it's rubbish though.

[silverfox1961]

hi. Lowells may also say something on the lines of: 'An attempted payment was made on xx date' This is also rubbish. SB is Sb. Nothing can un-SB it.

[Bazooka Boo]

Ah yes the phantom payment!