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    • Hi   I assume this mattress was the Tenants own property?   So after moving out the Tenants provided an attachment showing a stained mattress and wanting full deposit back and threatening to claim against you for this.   1. Tenants failed to notify you of this stained mattress issue until the end of tenancy after they had vacated the property.   2. You have no evidence that this was the actual mattress used in that property nor evidence to back up there claim the staining caused this mattress damage.  (i.e. one of them could have had an accident and wet the bed or done this when they moved from the property).     3. Ask them that you wish the mattress independently inspected. (which you are fully entitled to do and if it proves this claim is false it will be added to the deposit claim by you the landlord for damages as well as the Garden if you need to get landscapers in to carry out the work that should have been carried out by Tenants as per Tenacy Agreement and raised  by yourself (Landlord) on a few occasions which Tenants failed to rectify even at end of tenancy.   4. Ask them to provide you with the contact details of there Contents Insurance Company (tenants whether Private or Social Housing should always take out and have Contents Insurance but is up to that tenant) bet they don't provide it Big question is the Deposit protected in a Tenancy Deposit Scheme (TDS) and those Tenants that have left were given a copy of the Prescribed Terms for that TDS? (Bear in mind you may need to tell TDS that you are in dispute with the Tenant about damages i.e. mattress and Garden)    
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    • Hi again   Yes, it's been a lovely day weather wise.   Guess you've better things to do with weather like today than help with this problem, so thanks very much for your input, it's very much appreciated.   Late this afternoon I did receive a reply from the tenants, and they are asking me to go 50/50 with getting the garden sorted, not only that, as they have moved away they are expecting me to get the quotes.   Regarding you view on this issue, its so easy not to see the whole picture and my thoughts that the staining damp may be of their own doing didn't occur to me as I was so locked into the historical leak. Taking a closer look at the room in question today, I'm convinced that they are trying it on with the stained mattress- they did mail through a picture and then a receipt for supposedly the mattress. My wife and I then took both the pic and receipt to the bedding store where purchase was made to ask if the two married up, the picture does not show any emblems/manufactures logo or such to prove that this is the case, so we are none the wiser- our thoughts being that the stained mattress is from elsewhere.   A few days back I spoke to our letting agent regarding all of this, as was quite correctly mentioned there are two parts to this equation, namely the mattress and then the property.   Our agents mentioned to me that as an inventory was not carried out initially with the let, (hindsight) the pictures that were used to advertise the property could not be used as evidence to present to the TDS to be compared to the pictures now as there is no proof that the advertising pictures were in fact how the property was when the let started. I mentioned that all digital pictures have a means of finding when that pic was taken- Geo tag/Metadata- agent was quite surprised by this. The agents thoughts then went for a hide in a vacuum-   This is going off at a tangent here-many moons ago my wife studied computer science at a local University, one of her classmates who she is still in touch with is now a practising Solicitor. My wife suggested that maybe I give her a call, a bit rude I guess, but I did  phone and with the pleasantries out the way  I asked for her opinion of the best way to get this sorted. Her remit isn't landlord type stuff, however she will speak to a colleague on Monday and come back to me.   The property is due to be relet on the 21st, we will ensure that the new tenants move in to a home that is immaculate and welcoming, trouble is its getting a tadge close to get the garden issues sorted in time.   I know that all this will get closure in the end, but at the moment I've had more fun with a toothpick-   Again, many thanks.
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Default registered from Lowells / Three mobile


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Hi All,

 

I am looking for a little advice:

 

I was recently declined a mortgage and as a result I ran a credit check against myself with the three major Credit Reference Agencies. When I received the results I found that I had a default registered against me by Lowells, unaware of who the company was and what the default was for I sent them off a request for for further details including a copy of the credit agreement this default referred to and a signed copy of the default notice.

 

I have finally received a response from them and it turns out that this was in relation to a Mobile phone contract from Three several years ago. Now I did have a phone from Three and did run into some "issues" with them, however the phone contract was cancelled by mutual agreement, phone returned etc. (but I don't have any documented proof of that due to the time that has passed). However that's not what I am posting about, what I need some help with is the response I received from Lowells wherein they said (summarised):

 

The phone contract was a Service Agreement and not a Credit Agreement as defined by the CCA.

They stated that insertion of the SIM was acceptance of the Service Agreement and a signature was not required.

They have not mentioned the Default notice

 

So my questions are:

 

1. Are they correct in saying that this is a service agreement and is therefore not covered by the CCA?

2. Same about the signature bit, is this correct?

3. Are they still obliged to supply a copy of the default notice?

 

They have put my account on hold while they investigate and I'm also just about to send them a SAR to see exactly what data they hold about the account, however at the moment I'm unsure how to proceed.

 

Thanks for looking

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Hello welcome to the site,Lowells do deal with distress phone accounts as well as Barclaycard.

They are correct about the CCA not being applicable to Mobile phone contracts.

They do not have to supply a copy of any default notice under CCA since it does not apply,but there are other means to obtain a copy.

Your SAR should really be going off to 3 since Lowell are not the original creditor and unlikely to be holding much data in any case.

I will move your thread to the appropriate forum,where there are others who have been through the same experiences.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Thanks for reply and moving me into the right forum.

 

I haven't sent of the SAR yet, so I will make sure that I send it the Three.

 

So this default isn't covered by the CCA? Is there similar legislation that covers mobile phone contracts? I am concerned that a default was registered against me apparently without my knowledge or notification. In this case the default was registered in Feb 2007 so I believe it will disappear from my CRA reported early next year but I still want to know how / why is was registered in the first place.

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I would personally write to Lowells and say that although you had a contract with three, it was mutually agreed that it should be canceled. As such you require all negative entries removing from your credit file within 14 days. If the negative info remains, I would write a LBA (good example here) and requesting a default notice. (although I would say don't threaten court action if you do not intend to follow it through). A typical claim for a wrongly placed default is £1000 per entry, although if you have been declined a mortgage, you are probably able to prove that you are more out of pocket than this, and that figure should be what you claim for.

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