Carter on behalf of Lowell chasing mobile debt

[IPA]

Hi everyone,

 

How do you get these people to back off as

 

today I received a demand for £212 from Brian Carter LLP on behalf of Lowell.

 

The original client was 3G mobile who my daughter had a contract with in my name dating back to 2009.

 

First they passed it on to Scotcall who contacted me offering a settlement of £89 on the account

which I refused on the grounds that I disputed the liability. Then

 

it got passed to Fredrickson and then

 

eventually on to Lowell.

 

I didn't hear anything regarding this for well over 2 years but

 

suddenly it's reared it's ugly head again through Carter's.

 

They are threatening to issue court proceedings on 8 April if the balance is not paid.

 

I don't want to pay these bullies as our dispute was originally with 3G

who were a dreadful company to have a phone contract with culminating in me terminating a 2 year contract

with 6 months remaining on the grounds that,

 

firstly they duped us into paying £12.50 per month on top of the £15 contract for video minutes

so my daughter could have the phone of her choice.

 

What they didn't tell us was the video minutes were only to other 3 users

which we only found out after she started using them and we were charged extra for the calls.

 

I couldn't find this mentioned anywhere on the contract agreement

so I would think they were in breach of contract to start with.

 

Secondly, we had no end of trouble with the phone and

 

on the first occasion when I called their awful customer service centre based in India

they were very rude and unhelpful but

 

eventually guided me through a supposed cure for the fault by downloading a software update

which they told me was free but

then found out I had been charged £12 for when the bill came in.

 

When I called them again to complain I was met with more rude advisors

and was told they would never have advised me it was free.

 

When I asked for a copy of the phone call I was told they didn't have it.

 

Thirdly, after the phone had gone wrong a 3rd time

I was told they would not be repairing it again

as it was out of manufacturers warrantee even though we were 18 months into a 2 year contract.

 

It was at this point that I advised them that this was the final straw

and if the phone wasn't repaired I would cancel the contract

and never take out a phone with 3G again.

 

They refused to repair it so I cancelled the contract and got her another phone with a different company.

 

They then chased me for the outstanding line rental on the contract

which I refused to pay and that's when the debt collectors became involved.

 

Any advise would be gratefully received.

[dx100uk]

carter 9/10 drops cases where there is a contract dispute regarding a faulty phone.

 

under soga 3 WERE liable to repair/replace the phone FREE OF CHARGE regardless to any warranty.

 

the letters etc you have been getting will be automatically generated.

 

pers i'd be writing telling carter that any legal claim will be defended using SOGA.

 

please remove all my details from your database.

 

you need to p'haps check your credit file too

I bet its been trashed

 

dx

[IPA]

Ok dx thanks for that advice.

 

 

How about the law of contract as I couldn't see anywhere on the contract where it said that the video minutes we had to take were 3 to 3 only?

 

 

Surely this would be either breach of contract or at the very least miss selling.

[IPA]

Just as an update the contract it seems was taken out in May 2008 but irritatingly I can't find a copy of it anywhere and I've turned the house upside down.

 

I also called useless Phones4u who brokered the contract but say they have no record of it which is very odd.

 

Is it still worth writing to Carter's and telling them this debt was as a result of an unresolved dispute between myself and 3

and I will defend any legal action taken against me under SOGA even if I don't have any paperwork to support my stance?

 

If they plan to take legal action surely it should be on behalf of 3 and not Lowell

as they are claiming as this was the original dispute and how the debt was originally generated?

 

If this is the case I would have thought they would have to obtain paperwork from 3 to support their claim.

 

 

Any thoughts anyone?

[dx100uk]

debt buyers get these debts because the original purveyors

will never be brave enough to do court

 

credit file?

 

dx

[citizenB]

Just as an update the contract it seems was taken out in May 2008 but irritatingly I can't find a copy of it anywhere and I've turned the house upside down.

 

I also called useless Phones4u who brokered the contract but say they have no record of it which is very odd.

 

Is it still worth writing to Carter's and telling them this debt was as a result of an unresolved dispute between myself and 3

and I will defend any legal action taken against me under SOGA even if I don't have any paperwork to support my stance?

 

If they plan to take legal action surely it should be on behalf of 3 and not Lowell

as they are claiming as this was the original dispute and how the debt was originally generated?

 

If this is the case I would have thought they would have to obtain paperwork from 3 to support their claim.

 

 

Any thoughts anyone?

 

Yes, you could defend on the basis of SOGA and Unfair terms I would think.

 

Lowell appears to have purchased the account so Carter will indeed be acting on their behalf and they would be the claimant if it ever went to court. IMHO, I would do as dx advises and write advising that there was an unresolved dispute and you deny any debt. Should they issue a claim, then you will certainly defend and request your costs .

 

Did you not receive a Notice of Assignment from Lowells ?

[IPA]

Thanks for the advice guys.

 

 

Yes DX you were right about my credit file being trashed and CitizenB I did receive a couple of letters from Lowells threatening this and that but can't remember exactly what they said. I think I just read them and then ripped them up and threw them in the bin.

 

 

I will send a letter to Carter's tomorrow and hope they back off but I won't put my bottom dollar on it.