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    • Lowell has written to me concerning this debt on the 23rd of Jan 2020. letter states: We have noted the contents of your letter and we understand that you have no knowledge of this account. We are able to offer the following information regarding the account. • Agreement start date: 19/06/2014 • Application address: Flat 4, 3 Kempsford Gardens • Tariff Description: Phone BB Hardware • Disconnect Reason: Cessation by BT • Original Creditor: BT Retail Consumer • Mobile Number:02078351401 ( this is a landline ) • Client last payment date: 16/12/2014 • Client last payment value: 86.16 this is not £499.00 • Default date: 27/08/2015, this doesn't square with last pay date. • Airtime Debt Value:257.94 • Early Terminate Fee:241.99, can they charge this? • Billing Date:27/03/15 LOW105_230120 497503_ MACHINE \ 116\247 \ lof2 \ Airtime Debt is for the services used and the Early Termination Fee is calculated to reflect the remaining months of your contract which remain unpaid from the date of your account closure. We have requested from BT PLC a copy of the statements for the account to help clarify this matter for you. We will write to you further once we have received this documentation and in the meantime your account is on hold.   I obtain the SAR. it is attached: this is all they hold. 1. Can you explain the implications of the response  and the SAR as far as Lowell being able to collect the debt?   2. I responded to Lowell with this letter: Lowell Financial Ltd. 4875 Dear Sir: I write to you in response to your letter of 23 January 2020. Insofar that a relationship may have existed between myself and BT I cannot recall this account (Agreement) and request that you supply me with a copy of the Account/Agreement and other documents listed in the bullet points of your response. I  deny any breach  of the purported agreement. You have failed to supply me with a copy of the agreement requested . I have never received any evidence that you are the legal owner of the debt, by assignment, sale and purchase agreement or otherwise. I have never received and am unaware of any legal notice of assignment or Notice of Assignment pursuant to Law and property Act 1925 Section 136(1). This document is not referenced in your response. I deny that I have failed  to maintain the required payments to BT. It is denied that I have failed to respond to demands for payment sent by you and/or its agents. Lowell is put to strict proof that any such demands have been sent to me by you. a). Lowell appears to  admit it is the assignee of a debt, it is denied that the Lowell has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act 1925.  b). It is further denied any funds are due Lowell  because the Lowell appears to have sold this debt to another firm in 2019.  Lowell must therefore show how it has legal right, either under statue or equity to collect this sum from me. I  deny owing any money to Lowell  and you are required to produce evidence to support your claims that this sum is in default, due and owning this includes: a. Show how the I  entered into an Agreement. b. Show how I  have reached the amount claimed for. c. Show that I  failed to maintain the required payments and the service was terminated as claimed. d. Show that the statute of limitations on this alleged debt has not passed. 7. As per Civil Procedure Rule 16.5(4) it is expected that Lowell must  prove the allegations that the money is owed; having been provided with written requests for information under CPR 31.14 and to date have failed to provide any such documentation as detailed in its response letter.  8. Notwithstanding the above should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if the remaining contract is unlikely to be fair as it fails to consider the fact that the provider no longer has to provide and pay for their service.  You state that the balance due includes £241.99. You must remove this from any collection efforts, and I dispute that this and all other balances are owed by me. 9. Show that I was residing at Flat 4 3 Kempsford Gardens on the alleged defaulted date of 27/08/2015 or any other date after 16/12/2014.  Alternatively remove any debt you allege is owed  because back billing and billing for unused services is not allowed. 10. Please explain Lowell reporting to the credit bureaus that the debt outstanding to BT is £674. The account number concerning 3 Kempsford Gardens Flat 4 which I hold is another account number which is BT xx7 start date is 15/07.2013. 11. The account number you claim is owed to you is an original account number BT xxx 07. You claim the start date on this account is 19/06/2014. Please explain the discrepancy between these two accounts including ownership of both accounts, and why there are two accounts you allege for the same address with different dates. Alternatively, if you have no explanation: You must cease and desist from collection activity including reporting to the credit bureaus, pre claim letters and any other forms of collection activity with immediate effect. Please write to me confirming that you will take no further action. Failing this I will file a counterclaim and ask the court for costs. Kind Regards      I received the email below last night: "I can see that we also hold the following account details for you:   Account Number Original Client Original Client Reference Current Balance XXX192 Orange xxx321 £285.91 XXX875 BT PLC xxx207 £499.93   I can see that the above BT PLC account is currently on hold, as we are requesting information from BT PLC directly.   1. how long does BT have to respond? the date of Lowell letter was 23rd of Jan. 2. if BT doesn't respond within that time frame, what can I do to get the account removed from the Credit reports? . 3. how can I get Lowell to stop collection if BT doesn't respond? what is also interesting is I have a letter from Lowell for the orange account and also a BT account, but the balance is £199.11 and the account number ends in 192. There are too many account numbers with different balances for the same address. any suggestions how I address this with Lowell?   Lowell writes:   "The period for recovering your Orange account by court action has expired. We will not be issuing court proceedings to enforce payment. However, your debt still exists and legally we are within our rights to continue to ask you for repayment. With this being said, this account does not look to have a payment arrangement set up as of yet. How would you like to proceed with this account going forward? If you can let us know then we can look to assist you further".   If the time has expired to collect a debt from orange, how do they have a right to collect? seems the SOL runs for both. how should I respond?   In the meantime, I have placed your Vodafone and Orange accounts on hold for the next 30 days to give you time to get back to us.   Can you give me some suggestions on how I unravel this and respond? Thank you.  SAR_BT.pdf
    • Hello and welcome to CAG.   Could you tell us what your contract says about overtime please? It will help us to advise you.   HB
    • Hi there,   I've been on a on call rota for some years now which as been a 1 in 3 weeks and been paid a weekly allowance for this service and overtime paid extra should I be called out. My employer now wants to change this to a 1 in 4 weeks which now leaves me out of pocket just for the on call payments a year.   Do I have an argument that i am effectively been force to take a pay cut and that i should be compensaited accordingly ?   thanks in advance for any advise.   Fred.      
    • hi again     the original supplier was AO but was out of warranty with them so hotpoint took it up.    the oven was replaced around January time, with us notifying them we was not happy fairly shortly after delivery.  hotpoint said the exact same model, which was delivered HUD61PS - but is only the same on model number. (Which I think is naughty as they changed a major function)       
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Lewt

Tesco mobile have sold debt to Lowell

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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.

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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??


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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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,

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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?

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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.


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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.

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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#


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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?

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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


please don't hit Quote...just type we know what we said earlier..

 

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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?

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i'd get the data

 

there might be something to use against them.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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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?

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if you sent our SAR template

 

they have 40 cal days

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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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.

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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


please don't hit Quote...just type we know what we said earlier..

 

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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)

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


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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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.

 

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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.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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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

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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.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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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.?

 

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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.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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