Lowells purchasing debt from T-Mobile

[mrgaffney]

A few days ago I received a letter from Lowells and T-Mobile saying that ownership of this debt has been sold to Lowells.

 

The history:

 

Had an account with T-Mobile many years ago.

 

When I was working abroad I asked for roaming to be added

and if the minutes I used would come out of my monthly allowance or would I have to pay.

They said monthly allowance so I used the phone as if I would have in the UK.

 

When I got my next bill I was a little shocked

 

I spoke to them and they said that the T+Cs of my contract

(which was initiated online through another company that sells mobile phones and contracts) stands

and that I was liable for the full amount.

 

I did not have enough to pay and I disagreed with their stance and thus we have been in a stand-off ever since.

Lowells have been chasing me ever since and they have had an entry on my credit file since the default on 10/06/2008.

 

About 12 months ago I did ask for an SAR on all the documentation purporting to the account

which they provided although they said that there is no physically signed contract as it was initiated

and the act of switching on the phone demonstrates my agreement with the Ts and Cs of the contract.

 

What is wierd is that I did speak to them about 6 months ago

and offer what I thought I owed (about £150) in full and final payment with the debt being satisfied in full.

 

They initially agreed, then tried to say that they would partially satisfy the debt

to which I replied that I was not content and that I would not budge from my offer.

 

Things have been quiet since then until I recieved this today.

Throughout this process they kept referring back to T-Mobile,

but this letter states that the debt was sold in 2010.

 

Although I have blanked the address block out,

the QR code and the line code on both letters are exactly the same,

which would suggest that they have been printed off the same computer system

even though one is from T-Mobile and the other from Lowells.....wierd.

 

Questions:

 

- I note that the debt was sold in 2010 but I am only getting this letter now.

Does that mean I am likely to see Lowells taking this further?

 

- Or is this more sabre rattling?

 

- Could Lowells be sending me letters purporting to be from T-Mobile?

Is this illegal? It seems so if it is the case.

 

I fully intend on letting this reach the 6 year point after which I will have it expunged from my credit record

but as I am in the process of buying a house I do not want this to come and bite me on the bottom.

[Sidewinder]

Your attachments are too small to read - try uploading them as PDF files

 

Instructions Courtesy of dx100uk

 

Scan the required letters/agreements/sheets

as a picture file

remove all personal info including barcodes etc. using paint

but leave all figures and dates.

Go to one of the many free online pdf converter websites

convert the image to pdf format.

or if you have PDF as an installed printer drive use that

open a new message box here

hit go advanced below the message box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB: you can set where it goes in the post by hitting insert inline.

Then hit reply button

[unclebulgaria67]

You should have registered a formal dispute by letter to T-Mobile and have gone to the relevant ombudsman service they use. It is not too late to do this. Send a copy of your dispute letter to Lowells stating that you totally dispute this debt.

 

http://www.t-mobile.co.uk/making-complaint/

You need evidence of a dispute about this debt, as I expect that at some Lowells will pass on to Solicitors and you will receive a court claim through the door. They will know the statute barred date and they now seem to be much more efficient in making sure court claims are issued. If you can dispute this debt, it should allow it to be looked and you may be able to come to an agreement about the correct amount you owe, which can be settled.

[mrgaffney]

I had already gone through the complaints procedure to which they said that the contract defines the charges and that I was liable. I had also asked for any recording of the conversation of which they said there was none. Thus I have no proof

[unclebulgaria67]

I had already gone through the complaints procedure to which they said that the contract defines the charges and that I was liable. I had also asked for any recording of the conversation of which they said there was none. Thus I have no proof

 

So you took your complaint to the very end of the compliants process or you just accepted their first letter ?

 

If you went to the very end of the complaints process, then I would suggest that you settle the debt. If you want a mortgage at a decent rate, you will need a fully satisfied debt on your credit record. A partial settlement will affect what mortgages you can obtain and you will end up paying higher interest rates, which will add up to more than a full settlement of this debt. Ask yourself, whether it is worth the hassle and possible disappointment in regard to a mortgage.

[mrgaffney]

I have managed to find a decent mortgage despite the default, I just don't want any further action to be brought against me and my impending purchase.

 

My dealings with T-Mobile were on the phone. I am guessing that this is where I went wrong. So how would you suggest that I word the letter to them about my complaint seeing as they are likely to fob me off as the debt have been sold?

 

Oh and I have re-attached the letters in pdf.

[dx100uk]

might not be worth waving your arms around

 

it'll be gone completely in june next year.

 

its true that the calls you make roaming abroad come out of yourcredit

but

when that runs out

I don't know of any phone on contract that then stops you making calls.

 

dx

[mrgaffney]

my worry is that they are gearing up to take action before it runs out.....which will suck

[unclebulgaria67]

my worry is that they are gearing up to take action before it runs out.....which will suck

 

This is your decision. Point of principle or you pay up whilst holding your nose !

 

If I really thought that I had a reason to complain,

I would research the contract terms I had signed up for

and I would do as much research as I could do about such problems.

 

I would then construct a complaint letter and I would send it to T-Mobile, with a copy to Lowells.

 

I would then continue the complaint if necessary with the relevant ombudsman.

 

Whilst the complaint is ongoing, Lowells should put this on hold.

 

The complaint could take months to deal with.

 

But at the end of the complaint, you could decide what to do.

 

Pay up the relevant amount, if it is definitely due

or if you are lucky enough for the complaint to take it past the statute barred date, you can tell Lowells to get lost.

[fkofilee]

Might i add its standard practice for Lowell to send a "Spoof" Official letter from the company they bought the debt from....

Its usual and probably happens with all their debts they purchase.

[mrgaffney]

I thought as much. Analysing it last night kept me awake until some ungodly hour, so I did some more research and it seems that it is fairly common practice in the 'business'*

 

Is it legal to do such a thing though, sending a letter on someone else's letterhead? It seems to me to be very false pretenses....!

[fkofilee]

Lowell seem to do it a lot... Best thing is... You can tell its been done by them because its normally included in the same envelope.

Sadly, its probably part of their contract to purchase these debts.

 

You could send it off to the OFT and say something, but i doubt there would be any movement.

[dx100uk]

its std and acceptable practice.

 

dx

[unclebulgaria67]

I thought as much. Analysing it last night kept me awake until some ungodly hour, so I did some more research and it seems that it is fairly common practice in the 'business'*

 

Is it legal to do such a thing though, sending a letter on someone else's letterhead? It seems to me to be very false pretenses....!

 

Perfectly legal. These DCA's work with these companies. The DCA process continues the accounts process of the original creditors. Working for an Insurers, it was common practice for us as an Insurers to produce a final accounts letter in the name of a DCA and then after this the DCA would take over. The DCA would have the capability to reproduce the last letter sent by the Insurers. i.e it is a dovetail process between the two companies.

 

You are going to have to take these situations more seriously. I am sure that T-Mobile have not deal with you properly, but making a complaint by phone which is then rejected, led to you giving up. If you are buying a house, you will have many more utility companies to deal with and you may have many hours of joy dealing with their call centres. You really need to study their business standards promises, contract terms and their complaints processes. Get a folder together for each company, in which you keep all the relevant information you need. Keep on top of all the billing information, payment due dates and have a full budget planner. If you have problems paying a bill by the due date, some companies can be ok about it, if you contact them. You can sometimes change the DD dates. If you have a dispute about a bill, always advisable to put it in writing by recorded delivery to their complaints address.

 

https://www.moneyadviceservice.org.uk

[mrgaffney]

You are right UB, I probably did give up too easily with T-Mobile but in my defence it was 6 ish years ago before I knew how these companies work, I was more naive back then but thanks to this site I am much better armed these days. I have managed to get many other demands off my back and dismissed over the past year or so.

 

WRT bills, I already do keep a file structure for them and my job has since changed so I am financially much better off than before. I do abhor though, the principle of paying for something for which I am not morally responsible and I did show goodwill in offering what I thought I owed which would have been more than they got from selling the debt to Lowells...go figure.....

[unclebulgaria67]

Find out what the correct amount due is and pay it if you can. It is not worth the hassle or worse the worry of a court claim dropping on your doormat.

[mrgaffney]

I have offered and they have refused to accept partial payment in full and final settlement. Plus I do not want a partial settlement on my credit file and I would rather wait the 8 months till it drops off my report all together.

[unclebulgaria67]

I have offered and they have refused to accept partial payment in full and final settlement. Plus I do not want a partial settlement on my credit file and I would rather wait the 8 months till it drops off my report all together.

 

Remember to include in your gamble, the costs of them issuing the court claim and legal fees. This would be approx £130 on top of the full amount they say is due, which will include interest at 8%.