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Hiya

 

I have just registered today and would like some advice please, it started with three mobile in 2006, to cut a long story short it was a phone contract which was in dispute, after the initial 6 mths, which was the offer period, their customer service was atrocious and I was expected and demanded to pay the full amount then or get disconnected, I had a debt management company take care of all my debts around december 2007, the three bill was got down at paying through the debt management company, a set amount a month which was shared between my creditors

in august-september 2009 I lost my job and have been out of work ever since, after discussions the debt management company could not help me further due to my financial position of jobseekers only, so I contacted the CCCS, who could not help due to no disposable income, but advised I paid each creditor £1 per month, a leter was sent out to all 8 creditors in december 2009, their then solicitors replied saying they had no record of the debt although they was being paid by the debt management company.

I had no idea who to contact, then in april this year I heard from three demanding about 2 and a half times more than I originally owed from the debt management company information I have, I replied to their letter enclosing copies including a spreadsheet I made of the transactions, they just ignored everything I sent and are still demanding the same amount, I offered to pay back the amount I do owe at £1 per month but not the amount they are demanding,so it is being dealt with by lowell portfolio, a letter came from red which knowing the address etc I had worked out red and lowell are the same company, I offered the same £1 per month for the amount I know I owe from my records, they have sent a text to me twice asking me to ring leeds, I am out of work I can't afford to make calls, today I received a letter from them as they have ignorred the documents I sent to them by email, with my financial details, I have no assets but todays letter, says they will look at my credit file to see what assets I have, other financial commitments and my ability to pay, which I have already explained, and I understand no one is allowed to look at my credit file without my permission does this not come under the data protection act and other laws, as if you apply for a loan they always ask for your permision to do a credit search, could someone please advise me what to do next as they are saying I have 7 days or risk legal action?

 

Thanks

 

KeithCP2

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Hi edan and Keith

 

 

I've asked for a member of the site team to sort this out

 

Regards

 

R

[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

------------------------------------------------------------------------------------------

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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Hi and welcome, sorry for the 'bad start', we are usually quite polite and forgiving on here.

 

Hopefully, you have sent all of your offers of £1 to Lowells by post, with a receipt.

 

Firstly, I would now send the Prove it letter to Lowells, and whilst waiting for a response, collect together your proof of what was originally owing and how much was paid. I know you have already done this, but get it on a footing to create a good paper trail. If you feel you owe nothing, then, once they reply to the Prove it letter, send an Account in dispute, letter stating that according to your records you owe nothing and as they have chosen to ignore your letters, you are giving notice that you will be doing the same to them! Send by Recorded Delivery.

 

http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

 

http://www.consumeractiongroup.co.uk...-is-in-dispute

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Hiya

 

Thanks for the welcome, I have sent all documents originally to three, including the spreadsheet I made of the three transactions I had with the debt management company, the original amount on the three bill when they disconnected the phone contract back in 2006 was £116 their solicitors sent me a letter in 2007 for £109.09, between then and august/september 2009, the debt management company had all interests etc stopped from what I understand and the debt was brought down to £76, in december of 2009 after I had contacted the CCCS and they had advised me to offer a token payment of £1 per month to all my creditors, I did so, and their solicitors who were being paid from the debt management company until around september 2009, replied to my email they had no no details of the account they had held since 2007 and being paid monthly by the debt management company, I have copies of all documents in printed form and stored on a memory stick, after their solicitors told me that in 2009, I heard nothing else until april 2011 when three contacted me demanding I pay £292.05, a big difference from £76 and me out of work for almost 2 years and only get jobseekers allowance as I am a single man,I sent the documents to three by post, it was first class, but they got it as they replied, they ignored my offer and all the documents I sent and told me to contact lowell and pay immediately in full, I then received a letter from red, also demanding £292.05, I emailed them and sent them all the attachments required, I have since had 2 text messages from red asking me to ring them from a three payg number that I had not even given them, so that must be three, I have ignored those messages as I don't have credit or money to ring leeds or anything to record their call with as they would record mine, then today they are telling me to contact them within 7 days or risk legal action, I have already offered £1 per , month and asked for them to send me their bank details to set up the standing order but only for £76,so they are refusing my offer and demanding for lots more than the original bill, which I am disputing, but they don't seem to be listening, I hope someone here can help, I will try the letters you have posted thanks

 

KeithCP2

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They will go nowhere near a Court for this amount I suspect, but, if they do the fact that you have made your offer several times will be in your favour and a judge would not be impressed by them wasting Court time. Once they receive the letters I suggested, this puts them on the back foot so to speak and they would not be able to proceed further once the account is in dispute.

 

I have, in the past had success with 3 myself using the following email address so it might be worth a try:

 

[email protected]

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Hiya again Harrassed Senior

 

I just want to update on the position, I can't afford to send recorded delivery unfortunately so have emailed Red DCS this morning after a few adjustments with accounts numbers etc the Account in Dispute Letter, and I have also e-mailed Three at the e-mail you supplied me with, and sent them Twelve attachments explaining about my dispute now, and the dispute in 2006 over their bill amount back then on the 7th month of the contract and their very poor customer service I received

 

Thanks for the help I will update when I hear something back from them both

 

 

KeithCP2

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Hiya again Harrassed Senior

 

I just want to update on the position, I can't afford to send recorded delivery unfortunately

 

 

KeithCP2

 

Just for future reference, if you can't afford recorded delivery, you can request a "proof of posting" receipt from the post office counter which is free. This obviously doesn't prove the letter has been delivered, but would prove (if needed) that it was sent.

 

Obviously email has a trail, which is also valid, and I would suggest adding the option for a "read receipt" so that you also have the evidence it has been read.

 

Sarah

Today is the tomorrow you worried about yesterday, and all is well!

 

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Hiya Sarah

 

Thanks for your advice, regarding a read receipt for email, is there something in my google mail settings I need to do for that or do I just request a read receipt at the bottom of the email?

 

Thanks

 

KeithCP2

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Hiya Everyone

 

I have some updates, I sent the letter to three using the email address I was given the following day, I got a reply saying they would be looking into the dispute and contact me again, nothing so far yet from them again, but I also sent by e-mail the same day the Account in dispute letter to Red Debt Collection, I heard no more from them but today by post I have received 2 letters from Lowell, one saying thanks for leting them know and will look into it, but are still saying I owe £292.05, the next letter contains the standing order mandate, and other ways to pay, but again it still says £292.05 which I don't owe, so unless I hear anything else from either, I will not set up the standing order until they have corrected the amount, hopefully I might hear back again from three next week, any advice now would be helpful thanks, but at least the threats have stopped, thanks for your help so far

 

KeithCP2

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  • 2 weeks later...

Hiya Everyone

 

I need to know here the legal position, as today I have by post from Three Executive Office, regarding my disputed account, the explanation from Three is as follows:-

The Bill for August 2006 was £116.62, that was not all paid, and they say I had a monthly allowance of 200 voice minutes, but I went quite a bit over this for calls to a variety of numbers.

Since the bill wasn't paid, your account followed our collections path, and was then passed on to a debt recovery company for collection, they go on to say, We closed your account on 19th February 2007, because of non- payment, even though you were in contract with us until 9th August 2007.

You did make small payments between 25 January 2008 and your last payment of £2.95 on 31st July 2009, leaving a balance owed of £76.

 

Now The small payments they are referring to were being paid by the Debt Management Company I was paying at the time, they was handling 8 creditors for me, Now when I lost my job at the end of August 2009, I contacted the Debt Management Company, who thought it might be a short term thing so they told me to take a payment break, and they would talk to me again to check on the position, well I am still out of work and in December of 2009 A letter was sent to all creditors offering £1 per month, I sent the letters to the companies that were being paid by the Debt Management company, upto september 2009, previous to that I had been in contact with the CCCS, who had told me I had no disposable income, so they could not help me, but advised I offered £1 per month to each creditor.

 

When I contacted the Creditors, the three account was held by Geoffrey Parker Bourne Solicitors, who had replied to me saying they had no information about the account, even after a further email from me telling them the details they needed, they could not fnd any reference to the account, so the next time I heard from three was 11th April 2011

 

The account had jumped from £76 up to £292.05, then as you know I had the problems with Red and Lowell, but what they all failed to tell me was that when they closed my account early and sold to Lowell, because nothing more was received they charged me the balance and a cancellation fee of £216.05, they have sent copies of the calls etc along with the letter, and told me the debt now belongs to lowell and I need to speak to them, I feel I am being conned here, as I should have been informed a cancellation fee would be made, but I had received no contact from three, or anyone else for that matter, and feel I need to take this further as I refuse to pay anymore than the £76 that I know I owe, and as I am out of work and only get jobseekers allowance for a single man, I can't afford to pay anymore that £1 a month, so I would like for someone to help as to what to do next please.

 

Thanks

 

KeithCP2

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  • 3 weeks later...

search lowell portfolio via yahoo and look for saiweb link for advice on how to deal with lowell and red debt collections who are the same cmpany and theyre inhouse lawyers are known as hamptoms legal who probly will contact you with threats of court as for the cancelation fees this is the remaining monthly costs of your cntracts charges and from what i can see its way over the odds also you can contact an organisation called safe who are connected to an all party investigation into lowells chasing debts beyond the legal limit of six yrs and who are requesting anyone being contacted by lowell to contact them.. c/o safe office 69 sutton rd heston hounslow london tw5 0pn and as someone who is in the same situation as yourself i would advise you not to worry too much as you are showing as willing to pay what you can afford and its lowell and 3g who are preventing you from doing so as someone all`ready said here register that you dispute the amount claimed and the cancellation amount also as youve only been informed recently and you require evidence of that

hope this helps you

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  • 3 months later...

Hiya All

 

I have a few updates on Lowell,after it being put on hold twice, once from me then from Lowell they still maintain I owe £292.05, Lowell Portfolio I sent a letter dated 8th September 2011, it basically said that after corresponding with the original creditor, and can confirm they had reached an outcome regarding the matter, Three Executive Office confirm the balance and early termination fee are correct, the first I heard about any early termination fee was this year, not in 2006, surely I should have known when three cut me off, for their 7th month bil after the initial six month offer had finished, which was £116 and a few oddments, Lowell Portfolio I goes on to say we trust this now resolves your query and look forward to hearing from you to discuss payment, if they have not heard from me within 14 days, they will pass me onto their next department Lowell Financial, this letter was from Samantha Barnard Customer Services, I will not phone so they will wait a long while for that, but I did email them on the 12th September the day the letter arrived,and I have printed out my e-mail, which basically told them again you demanding money I do not owe, I told them I owe £70 or so as I had not got the paperwork handy at the time, I told them this was now Harrassment and that I would be contacting BBC Watchdog along with other organisations, I told thm to read the watchdog site and they would find this problem is not new, infact they had been on there before for the same problem, and also told them any futher harrassment would also be passed on to other people I contact, I filled in the form about the story on theWatchdog site, and gave them the basic details as was asked, I have not heard anything back from them yet, but when they did lowell in 2009 they had 100 complaints on the same thing, someone had been hasseled by them for over a year for £76 he owed, and at one stage got a letter asking for £276 his contract ended in 2007, a similar pattern t mine, but the was als charging him for his phone contract for using a phone which hadn't ben in use since 2007, very simlar to my problem

 

I do have more updates but will post another post later

 

Thanks

 

Keith

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