Tesco mobile have sold debt to Lowell

[2Grumpy]

Their "requirements" concerning confirming your identity are rather onerous. They have to ensure that you are the correct person, but if it's from an address that they recognise, I don't see why they are asking for so much. It looks like a delaying tactic to me. The same with the PO - they could have filled in the payee & crossed it.

 

Write reminding them of their failure to respond to your SAR in the prescribed time allowed - tell them how long they have had - and that you require a response by . If that fails, a LBA telling them that you are taking them to court to force them to respond. They won't like that.

[Bazooka Boo]

However, I have cleared out my office in between all this and found the contract, and receipt. It is a receipt for the phone which was a 32GB iPhone back in 2010. Do you think that will cover the receipt side of things?

 

Did you send them a copy of this?

And they still haven't supplied the info??

[Lewt]

Hi Guy's,

 

Yeah, I did send them the copy of the receipt. strangely enough today their version of what I asked for came. It was almost entirely incomplete. All it contained was a CS contact sheet record. Nothing else at all. I've sent them this in response.

 

letter before action

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: *******

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 24.4.14. The disclosure of personal data is incomplete in that at least the following documents are missing.

 

 

1) You have failed to provide a complete list of transactions and charges for the period of the contact. June 2010 – May 2011

2) You have provided no notes, or documents relating to any legal action between you and myself.

3) You have provided no notes, or documents relating to instances of manual intervention.

4) I’m aware you have passed my account to at least three debt collection agencies, you have provided no notes of documents of any communication between yourselves and them.

5) you have not provided the original signed, credit agreement.

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

The time for compliance with my request has now expired. If you do not comply fully with my Subject access request within 7 days, I shall apply to the county court for an order to enforce compliance, together with damages at the discretion of the court.

 

Yours faithfully,

[Lewt]

Tell me about it. It's all just been a huge waste of time. It seems they still don't have the credit agreement, which they need to pass on anything to anyone. Hopfully they also need it to have defaulted me?

[locutus]

Mobile contracts are service contracts, and as such they do not have to follow the rules of a credit contract of supplying a default notice.

 

 

Your best bet is to try to make an arrangement with Tesco to wipe the default as a gesture of goodwill, as they neglected to send the revised bill after they agreed to lower it to £400.

 

 

I would also argue that it was found unfair not to warn when using data abroad.

 

 

remember the compliment sandwich when trying to get something... don't be all negative, post some good points that they have (you catch more flies with honey over vinegar).

 

 

Keep us posted.

[Lewt]

Hi All, I got a letter from Lowell's last week saying that they couldn't provide me with the information i asked for (I didn't ask them for any, just sent a letter telling them it was in dispute) So I ignored. Got another one today wanting to re-start the process of them asking for money.

 

No reply from Tesco.

 

Not sure what to do here ? Getting the default removed is the aim.

[BRIGADIER2JCS]

Hi All, I got a letter from Lowell's last week saying that they couldn't provide me with the information i asked for (I didn't ask them for any, just sent a letter telling them it was in dispute) So I ignored. Got another one today wanting to re-start the process of them asking for money.

 

No reply from Tesco.

 

Not sure what to do here ? Getting the default removed is the aim.

 

 

As has been stated this is not a credit account and is therefore not regulated as such..

 

 

I would try the advice given by Locutus in post 30#

[Lewt]

As has been stated this is not a credit account and is therefore not regulated as such..

 

 

I would try the advice given by Locutus in post 30#

 

Hi, Thanks for the reply. Do they not need to send me all the information they have then? I'm confused how they can effect my credit rating if they don't have a credit agreement?

 

Sorry for the questions I'm getting confused with it all? I sent them the SAR and they haven't done that? Should I not pursue that?

[dx100uk]

its in the T&C of the mobile contract

 

theres very little yu can do to remove a default 'if'

that was how you operated the account.

i'e you missed something you should have paid.

 

is thee a balance outstanding?

 

dx

[Lewt]

its in the T&C of the mobile contract

 

theres very little yu can do to remove a default 'if'

that was how you operated the account.

i'e you missed something you should have paid.

 

is thee a balance outstanding?

 

dx

 

Yeah, there's a £400 balance. Which was the data that I wasn't happy with and never heard anything from them after I complained, to be told they would be contacting me.

 

I'm not sure what the point of sending an SAR was now?

[dx100uk]

i'd get the data

 

there might be something to use against them.

 

dx

[Lewt]

That's what I'm trying to do but all they sent was a contact sheet from their customer service. I've written to them pointing out they've not provided me with everything but heard nothing in two weeks?

[dx100uk]

if you sent our SAR template

 

they have 40 cal days

 

dx

[Lewt]

if you sent our SAR template

 

they have 40 cal days

 

dx

Thats well passed. Or do they have another 40 days to respond to my reply saying they hadn't sent everything they should have? I only got a contact sheet from customer service nothing else.

[dx100uk]

right sri misunderstood

 

they don't have an extra 40 days no.

 

they should have sent it all within 40 days

 

or advised it will take longer

 

 

why don't you give the ICO a ring.

 

dx

[Lewt]

Ok, I'll do thank.

 

Thanks for your help, it's much appreciated. is it worth replying to Lowells reminding them that I've not asked them for anything and that it's still in dispute? (it's clear Tesco are communicating with them)

[Bazooka Boo]

No not really, the less you contact them, the less 'self importance' they bestow on themselves... Deal direct with Tesco.

[Lewt]

I've finally had a reply from Tesco.

 

I'm fairly sure whoever is dealing with it doesn't really get it.

 

The phone was bought in store not online and the dates they are saying things were totally sold are not correct.

 

When fredericksons first contacted me the account had not been sold they were acting on behalf of.

 

Any thoughts guys?

 

I really appreciate your help.

 

[Bazooka Boo]

Ah the good old ''It's nothing to do with us any more'' con trick..

 

Unfortunately for Tesco, it still remains their sole responsibility, just because they have 'sold' it to a 3rd party does not relinquish them of the actions and responsibilities of the 3rd party, or of theirs.

 

You need to escalate this further within their complaints procedure,

IMO I would write back to Tesco and inform them that the sale of the account does not relinquish their responsibilities surrounding the account,

and they are wholly responsible for the actions of the 3rd party DCA they sold it too.

 

Highlight the inaccuracies in their letter, and that you are not satisfied with their standard response, therefore, they either investigate this further,

or provide you with a 'deadlock' letter so you are able to escalate this to CISAS and the FCA.

[Lewt]

Hi,

 

Thanks for the response. I'm not sure what a dead lock letter is? I'm going to get something together this weekend and post it here before posting if that's ok with you guys?

 

Thanks

[Bazooka Boo]

A deadlock letter is simply a letter from them saying that they believe they are in the right, and if you still disagree then you should escalate it to the ombudsman and they give you the details.

 

Dear Sir/madam,

 

Thank you for your response dated dd/mm/yyyy the contents of which are noted.

 

I remain dissatisfied with your standard response as it fails to address any of my concerns adequately, and incorrectly makes assumptions about the account and how it was opened. Please send me by return of post a deadlock letter so I am able to escalate my complaint further to in order that my complaint be investigated properly and taken seriously.

 

Regards.

 

 

Or similar/edit to suit, you need to let them know that their pathetic response is far from adequate.

[Lewt]

Hi all,

 

Well, I've had the deadlock letter. It's littered with errors, they seem to have included a little more information. Mentioning numbers that I've never owned. Still not information on what the charges are for, in one sentence claiming it was a 24 month in another a 12.

 

It just seems all messy, they're claiming I've had texts and letters, but I haven't and they haven't provided them in the SAR. In fact all they've provided in the SAR is them saying they've done that. Is this right? It's still inconsistent with my credit report which says the debt was defaults in Nov 11 and settled in march of this year, which is when I got a letter from Lowell's telling me they'd bought it. As you can see in this letter they are claiming they've sold it in 2011. There has been at least one other debt collectors that have contacted me, possibly too, but I remember frederickson's being around.

 

What do we think, chaps.?

 

[Bazooka Boo]

So the last sentence really tell you all you need to know.

 

They have no original agreement, but can show a financial relationship between you and them if they were ever serious about getting the money they claim you owe.

 

Instead, to clear their books, they have sold it for pennies in the pound to a laughable DCA, although they are quite litigious can easily be seen off.

 

If Tesco are outside of the 40 calender day time period in which they have to supply all the info you have requested under the SAR, then you can escalate it to the ICO to investigate.