Help for mum with mobile phone debt that isn't hers

[rattters]

Hi all,

 

sorry if this all seems naive but I really don't have much knowledge about the ins and outs of debts/debt collect etc.

 

In 2005 my brother persuaded my 70 year old mum to sign for a mobile phone contract as he has a very poor credit history

and assured her he would be making all the payments.

 

It has come to light in the last few days that my brother has been borrowing money from my mum

- who is on a low income-pension and I have taken charge of the situation to prevent him taking any more money from her.

 

Having gone through her bank statements with her I noticed a direct debit going out for £50 a month to LP1 collections.

 

Having investigated further I have found out it is for debts somehow accrued since this 2005 contract was taken out

and it relates to 3 mobile phone numbers in total.

Total debt is around £2000!

 

My mum is completely innocent in all this other than feeling pressured into signing for the contract in 2005

- and indeed my brother had made some payments but then defaulted.

 

My mother has never had or used a mobile phone,

is very distressed by all of this understandably.

 

Whilst I understand legally she signed that contract

- is there any way that we can get the debt put into my brothers name

- Lowell have my brothers name on their accounts as well

- but insist the debt is in my mums name.

 

Any help or advice anyone can give would be greatly appreciated.

 

Thanks

[stu007]

Hi ratters

 

A warm welcome to CAG please be patient as I am sure our caggers will be along to give you some good advice.

 

Which Mobile phone company is the contract with?

 

How are LP1 Collection communicating (is it constantly by phone or in writing)?

 

Are LP1 Collections being paid at present? is it by direct from mother account? and if so how much?

 

Now If you are going to deal with this on your mothers behalf you will need to have a letter of Authority from your mother to act on her behalf signed by her that you can send so you can act on her behalf.

 

Also do you mean Lowell Portfolio 1 when you say LP1 Collections? (if so just type Lowell into our search engine top right and have a read)

[rattters]

Hi- thanks for the reply.

 

I believe the origianal contract was with Vodafone.

 

The money is going out of my mums account by direct debit £50.23

 

My mum has spoken to them and they have her authority to speak to me about the account- but they can't tell me details that involve my brother!!

 

Yes it is Lowell portfolio- I have rung a company in Leeds.

 

There is no dispute about the debt- my brother is a master in running up debts and moving on - so we have just discovered!

 

I am just devastated for my mum and want to look into anyway of passing this debt to the person who deserves it and ran it up.

 

Cheers

Edited January 8, 2014 by rattters
additional info

[Ganymede]

Unfortuantely your mum signed the contract and so is solely liable for the debt.

[mjt2013]

As ever Ganymede is right. It would be one thing if your brother acted fraudulently and your mother didn't know but, at the end of the day, she allowed her name to be used to circumvent the fact that your brother wouldn't have been given a contract in his own name. As it turns out the company was right to be concerned.

 

In theory you could try to argue that your mother was influenced or something but to be honest it's a non starter.

[Ganymede]

As ever Ganymede is right. It would be one thing if your brother acted fraudulently and your mother didn't know but, at the end of the day, she allowed her name to be used to circumvent the fact that your brother wouldn't have been given a contract in his own name. As it turns out the company was right to be concerned.

 

In theory you could try to argue that your mother was influenced or something but to be honest it's a non starter.

 

 

Thanks.

 

I don't think some pestering from her child is going to constitute as sufficient duress for the OP's mother.

[AndyOrch]

Thread moved to General Debt Collection.

 

 

Regards

 

 

Andy

[mjt2013]

 

I don't think some pestering from her child is going to constitute as sufficient duress for the OP's mother.

 

Agreed, I just wanted to make clear that I had considered it.

[rattters]

Thanks.

 

I don't think some pestering from her child is going to constitute as sufficient duress for the OP's mother.

 

As I said in my post

- I understand that legally she signed the contract

- my question was

- is there any way it can be transferred to my brother.

 

This is extremely distressing for us as a family

- it was a little more than pestering from her child

- but I didn't feel it necessary to give the full background to the circumstances in order to find out the answer to my question

- but many thanks Ganymede for your most helpful answer

[Ganymede]

As I said in my post- I understand that legally she signed the contract- my question was - is there any way it can be transferred to my brother.

This is extremely distressing for us as a family- it was a little more than pestering from her child - but I didn't feel it necessary to give the full background to the circumstances in order to find out the answer to my question- but many thanks Ganymede for your most helpful answer

 

 

 

It's ok. I'm not sure the creditor would accept a transfer to someone who can't pay their debts as it is.

[Bazooka Boo]

I have had to deal with a similar situation some time ago and the way you need to deal with this is to STOP, any payments being made to your brother via your Mum.

It will be far easier for someone else to take on the debt and then pursue the odious brother via the small claims track for the money owed.

 

When my own Mother was taken for 2k by my Sister, I took on the debt, then took her to court for the 2k, plus costs, which took her over 2 years to pay back, but she paid me back.

[Stigman]

Hi,

 

Your mum needs to stop the Direct Debit to Lowell's, the Direct Debit scheme can easily be abused and your mums Bank Account possibly could be emptied overnight.

 

Your mum needs to set up a Standing Order so that she is in complete control of her Bank Account, use Lowell's Bank Details and Lowell's Reference to set this up herself either in Branch, over the phone or online.

 

Is your mum on full pension and retired? You posted she was 70 years old.

Is this £50.23 taking a lot out of your mums income? If so this needs to be dropped, if only on a Government pension then drop it to £1 a month. Food and heating is far more important.

Lowell's will chuck toys out of the pram but as long as money is being paid (even £1) then any claim will be laughed out of Court.

 

Are Lowell adding any interest or charges?

 

Also, do not speak on the phone, do everything in writing, if they ring refuse to go through any DPA Questions and say "in writing only" and hang up.

 

Stigman

[dx100uk]

so this IS solely an old Vodafone debt sold on?

 

I would lke to think Lee could help here.

 

dx

[rattters]

Hi,

 

Your mum needs to stop the Direct Debit to Lowell's, the Direct Debit scheme can easily be abused and your mums Bank Account possibly could be emptied overnight.

 

Your mum needs to set up a Standing Order so that she is in complete control of her Bank Account, use Lowell's Bank Details and Lowell's Reference to set this up herself either in Branch, over the phone or online.

 

Is your mum on full pension and retired? You posted she was 70 years old.

Is this £50.23 taking a lot out of your mums income? If so this needs to be dropped, if only on a Government pension then drop it to £1 a month. Food and heating is far more important.

Lowell's will chuck toys out of the pram but as long as money is being paid (even £1) then any claim will be laughed out of Court.

 

Are Lowell adding any interest or charges?

 

Also, do not speak on the phone, do everything in writing, if they ring refuse to go through any DPA Questions and say "in writing only" and hang up.

 

Stigman

 

Thank you so much! I had spoken to Lowell's and they said they have passed it to their special circumstances department and I explained the situation- they have said they will cancel the direct debit and send out an income expenditure form to my mum.

I think I will get the direct debit stopped at the bank - fill in the form for my mum and offer £1 a month- she is on state pension and pension tax credit.

I have also got them to send mum a form to give permission to speak to me about it all- she gets so confused and upset- so I will demand all communication is in writing to me.

I don't know if they are charging interest- can I ask them for a full run down of the debt?

 

Many thanks again

[rattters]

so this IS solely an old Vodafone debt sold on?

 

I would lke to think Lee could help here.

 

dx

 

I believe it to be vodafone debt. I shall ask for a full run down of the debt.

[Stigman]

Hi,

 

As DX says, if this is solely for a Vodafone Account then ask Lee (Vodafone Customer Rep) to assist your mum with this debt.

 

You need to go to this webpage and send an email and quote the code "WRT135 - CAG Forum" in the subject line?

Once sent you'll receive an automated reply with a reference number.

Please then update the thread with the Reference Number and then Lee will contact you directly via the contact details that you submitted.

 

I'll send Lee a PM so he can keep an eye on this thread.

 

Stigman

[rattters]

Thanks stigman,

 

but would vodafone get involved as they have sold the debt to lowell DCA ?

[Stigman]

Have they sold the debt or are they collecting on behalf of?

 

Has your mother got a Notice of Assignment (NOA) from both Lowell's and Vodafone?

 

What name is recorded under the ownership on your mum's Credit Report?

 

If the debt has been sold, some have the option to return to the Original Creditor, each circumstance has to why is different so best to do is to send Lee the email and see if he can assist in anyway.

 

Be also best to obtain a copy of your mum's credit report, this can be done for a cost of £2 Postal Order, download and complete the forms at both Equifax and Experian, Noddle is free but can be out of date so only use Noddle as a reference and not an actual guide.

 

Stigman

[dx100uk]

just to assure you

lee will get involved even if its sold on.

 

dx

[Lee Vodafone Company Rep]

Hi rattters,

 

Thanks for making me aware of yours and your mum's concerns.

 

To enable me to take a closer look at things, could you email me with the relevant details via the Contact us form here and quote the code WRT135 - CAG Forum in the subject line?

 

Once our automated reply arrives, could you update the thread with the email reference number and I'll get back to you as soon as I can?

 

Kind regards,

 

Lee

 

Web Relations

 

Vodafone UK

[rattters]

Thanks guys! Working on getting various bits of info.

Lee- I have sent an email but have received a reply saying this email address is no longer used so our advisors wont see your email???? reference at top of email is #5764385

Do you want me to send one again- I didn't put all the details in it because I wasn't sure if there was enough room in the dialogue box

 

Cheers

[JamesJ]

If a contract has been made under ‘undue influence’, it may not be legally enforceable - perhaps one for a lawyer to advise on though. James

[Lee Vodafone Company Rep]

Hi rattters,

 

Thanks for coming back to me.

 

I'm afraid that email hasn't come through to me.

 

Could you re-send it and ensure that the code WRT135 - CAG Forum is quoted in the subject line? Please note that there are no spaces in WRT135.

 

Kind regards,

 

Lee

 

Web Relations

 

Vodafone UK

[rattters]

Hi Lee,

 

I tried twice using the link but I just got an email back saying that email address isnt in use. Just tried again and it worked!!! Ref no - #5815790

 

Cheers

 

Kirsty

[Lee Vodafone Company Rep]

Hi Kirsty,

 

Thanks for coming back to me.

 

I've now received your email and will get back to you as soon as I can.

 

Kind regards,

 

Lee

 

Web Relations

 

Vodafone UK