Lowell - trying to mug me up?? old orange account

[clampchamp]

Hi.

Recently talking with this bunch of muppets, chasing me for a debt that goes back to November 2007.

 

The debt is for a mobile phone, which yes, I had.

 

However, they're telling me that I owe 138.11.

 

I'm pretty sure Orange bought me out of the contract before it was up, but I don't remember, if I'm totally honest.

 

The last e-mail I sent to them is cut and pasted below.

Shantella

Thanks for your prompt reply.

I still DO NOT admit responsibility for the disputed debt.

I would like to see, please, a certified copy of the original agreement/contract that was, allegedly, made with 3.

 

I would also like, please, some proof that a payment was made to Three on the date you mention.

 

A copy of this paperwork, scanned in and e-mailed to myself on this e-mail address will suffice.

 

Only on production of this paperwork will I consider making any sort of payment to your ‘organisation’.

 

Thanks for your help in dealing with this matter.

Kind Regards

Mr. X

 

 

After this e-mail was sent, I received the below posted e-mail back.

 

Dear Mr X,

Thank you for your email.

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.

Our client has no obligation to provide a signed agreement under the provisions of the Act.

In the case of mobile contracts, inserting the SIM card and usage of the equipment is taken as acceptance

of the terms and conditions of the contract.

Telecommunications accounts can be obtained by telephone, over the internet and by mail order and therefore,

we are not obliged to provide you with a copy of any such agreement..

I look forward to hearing from you.

Kind Regards,

Shantella

 

Now, my query is this.

 

If they want me to pay the debt, they must prove it exists, must they not??

They need to send me some ACTUAL PROOF that it exists, such as a signed agreement between me and Three, correct??

I think they're trying to mug me off and scare me in to paying. Anyone else agree with that??

 

This debt will go SB on the 28th November this year. I thought it already was,

and I told them that in the first 2 e-mails I sent them.

 

Surely, they can't convince me to pay the debt without proof it actually exists, can they??

 

Even if you take out a mobile contract online, there's always still something to sign,

even if you just type your name into a box, isn't there??

 

Top and bottom of it is, I don't mind paying the debt, as long as they can prove INCONCLUSIVELY that it exists.

 

At no point through any of the e-mail conversation I've been having with the lovely Shantella

have I admitted responsibility for this debt.

 

Any idea what my next move is??

 

Thanks for reading my ramblings, and I look forward to hearing the next thing I should do in my dealings with this 'organisation'.

[clampchamp]

I might just send back, first thing monday morning, prove it or p*** off.

[dx100uk]

is this on your credit file?

 

dx

[BRIGADIER2JCS]

Hi.

Recently talking with this bunch of muppets, chasing me for a debt that goes back to November 2007.

 

The debt is for a mobile phone, which yes, I had.

 

However, they're telling me that I owe 138.11.

 

I'm pretty sure Orange bought me out of the contract before it was up, but I don't remember, if I'm totally honest.

 

The last e-mail I sent to them is cut and pasted below.

Shantella

Thanks for your prompt reply.

I still DO NOT admit responsibility for the disputed debt.

I would like to see, please, a certified copy of the original agreement/contract that was, allegedly, made with 3.

 

I would also like, please, some proof that a payment was made to Three on the date you mention.

 

A copy of this paperwork, scanned in and e-mailed to myself on this e-mail address will suffice.

 

Only on production of this paperwork will I consider making any sort of payment to your ‘organisation’.

 

Thanks for your help in dealing with this matter.

Kind Regards

Mr. X

 

 

After this e-mail was sent, I received the below posted e-mail back.

 

Dear Mr X,

Thank you for your email.

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.

Our client has no obligation to provide a signed agreement under the provisions of the Act.

In the case of mobile contracts, inserting the SIM card and usage of the equipment is taken as acceptance

of the terms and conditions of the contract.

Telecommunications accounts can be obtained by telephone, over the internet and by mail order and therefore,

we are not obliged to provide you with a copy of any such agreement..

I look forward to hearing from you.

Kind Regards,

Shantella

 

Now, my query is this.

 

If they want me to pay the debt, they must prove it exists, must they not??

They need to send me some ACTUAL PROOF that it exists, such as a signed agreement between me and Three, correct??

I think they're trying to mug me off and scare me in to paying. Anyone else agree with that??

 

This debt will go SB on the 28th November this year. I thought it already was,

and I told them that in the first 2 e-mails I sent them.

 

Surely, they can't convince me to pay the debt without proof it actually exists, can they??

 

Even if you take out a mobile contract online, there's always still something to sign,

even if you just type your name into a box, isn't there??

 

Top and bottom of it is, I don't mind paying the debt, as long as they can prove INCONCLUSIVELY that it exists.

 

At no point through any of the e-mail conversation I've been having with the lovely Shantella

have I admitted responsibility for this debt.

 

Any idea what my next move is??

 

Thanks for reading my ramblings, and I look forward to hearing the next thing I should do in my dealings with this 'organisation'.

 

A mobile phone account is not a credit agreement it's a service contract and is unlikely to be available after such a long time anyway, they are correct in stating that they need not supply a copy.

[locutus]

November 2007.... 6 years = November 2013.... I think if there is a debt and it does exist, it will shortly not exist so probably best to ignore them and check your credit file

[BRIGADIER2JCS]

I England & Wales when a debt becomes statute barred it is NOT extinguished, merely not enforceable through court action.

 

The debt remains 'live and payable'.

 

The OFT Guidance on Debt Collection states That The OFT considers it 'unfair to press for payment (of an SB debt) once the debtor has informed the creditor in writing of the status of the debt. ( to continue to do so MAY amount to harassment).

[fkofilee]

Well we have the SB date coming up... I would keep a close eye on this one...

Lowell are a pain in the arse :/ , and i doubt they will get any better...

 

CCA agreements dont work for mobile contracts... But then again i havent seen a case for a mobile phone debt from Lowell going to court :/ ... But then again i havent seen all the lowell posts of the Forum...

[clampchamp]

I was kinda thinking I might try and drag it out a bit longer. I was always under the impression that to force me to pay a debt, they MUST prove it exists. What I've been told on here flies in the face of that. Is it not worth asking them again to prove it??

[BRIGADIER2JCS]

I think you have had all the answers on the existence of the debt.

[dx100uk]

is this debt on your credit file?

 

dx

[clampchamp]

Recently checked my credit file - didn't see it on there.

[dx100uk]

if it didn't show and has dropped off [6yrs since default]

 

this is a good sign that it prob statute barred.

 

as most defaults are within 6mts of last payment.

 

I think you need to send the SB letter

 

dx

[clampchamp]

I did. I sent them an e-mail immediately after they wrote to me, telling them that it's SB. But, as you can see from their (almost immediate) reply, they don't think it is.

[dx100uk]

its for them to PROVE it not SB'd

 

not for YOU to have to prove it is!

 

where?

 

dx

[clampchamp]

Right at the top of the post where I posted the e-mails between me and the lovely Shantella.

 

So what's my next move??

[clampchamp]

Ohh, thought I posted that e-mail about it being SB, but I didn't. It's posted below.

 

Dear Mr X,

Thank you for confirming your date of birth.

As this is the first time you have contacted via email we need to complete security checks. This is to ensure we do not discuss account information with the incorrect person.

I have listed details of the account that we hold for you below:

 

Lowell Account Number:

Original Account Number:

Original Creditor: Three Mobile (

Balance: £138.11

 

This account was opened on the 30th August 2006 and was disconnected on the 5th May 2008.

 

The last payment made on the account was a payment of £50 on the 28th November 2007.

 

The account defaulted on the 1st May 2008.

 

Please note this account is not statue barred.

 

Please can you confirm how much you would like to pay towards the account and also when you intend to make a payment.

 

Once I receive this information I can then set your payment arrangement in place.

I look forward to hearing from you.

Kind Regards,

Shantella

Customer Services Lowell Group

Edited October 2, 2013 by dx100uk
don't post pers details edited them out..dx

[dx100uk]

that cant be right

 

if they defaulted you it means you must have missed payments well before 1/5/8

and they terminated within 4 days?

 

somethings not right here

 

 

dx

[clampchamp]

So what's the next move?? Prove it or p*** off??

[clampchamp]

Maybe it's a typo. Perhaps the default date is 1st May 2007??

[dx100uk]

well what ever it is they need to prove it

dx

[clampchamp]

So ask them to send me proof that it's not SB, and show me the info they have on me??

[dx100uk]

yes dispute the payment

 

dx

[clampchamp]

Any template letters I can send them??

[dx100uk]

dear sirs

 

with regard to account xxxxxxxx

 

I deny any debt to your company

 

the account is statute barred

 

it has fallen of my credit file

 

I dispute the alleged payment on DD/MM/YYYY

 

I have no record on my statements of any such payment.

 

please provide proof of :

 

the payment method used

who made the payment

and the account number or slip used to make the payment.

 

dx

[yorky28]

will be sb in Nov this year and they will not look at any court action if a debt will be sb within 6 months (nice to know for future ref). If not on cred file, I'd simply mark as complaint and they'll close account (include fact sb in 2 months)