scotcall now lowells chasing old 3 mobile 'debt'

[westonadam]

Good morning

 

two months ago I got an e mail from scotcall saying that I owed 3 mobile £375 ,

 

I have been a customer of 3 for about ten yrs and

 

to my knowledge I owe them nothing ,

 

I sent off my CCA request and my postal order and have not had a reply for six weeks ,

 

today I have received an e mail from scotcall Saying

 

"in response to your request for a copy of the singed credit agreement , we have been advised by 3 they they are not available"

 

how would I like to proceed, as I cant find a template letter in the library could someone perhaps give me a hand to word a reply, thnk,s

[silverfox1961]

Hi

A CCA request has no use with a service contract. That is used for credit card and loan debts.

 

The fact is, 3 say you owe, you say you don't. As you are still with 3 it is down to them to prove you owe this.

 

Raise a dispute with 3 and tell snotcall to go awat whilst the dispute is resolved.

 

It may be that there is someone with the same name as you and 3 have put 2 and 2 together and got 5 (lot of numbers there )

 

Please check your credit file as well. It may show up some clues.

[dx100uk]

ignore snotscrawl

 

you'll get pestered even more now.

 

send them the prove it letter

 

is this on your credit file?

 

dx

[renegadeimp]

Scotcall only deal with bad debts. And i can say that with certainty. They only take on debts others have binned. Their system is automated, so youll get a couple of letters and nothing. Just dont play letter tennis with them or youll reset their 'timers'.

[westonadam]

Scotcall only deal with bad debts. And i can say that with certainty. They only take on debts others have binned. Their system is automated, so youll get a couple of letters and nothing. Just dont play letter tennis with them or youll reset their 'timers'.

 

Thank,s for the advise guys , they dont have my address they communicate via e mail so I guess I will just mark scottcall as spam mail .

[renegadeimp]

If they are only contacting you by email, just filter it as spam. If they wanted to get in touch properly, theyd write to you via regular mail.

[westonadam]

Hi

I have received a letter from what is supposed to look look like 3 mobile,

 

 

I say supposed as printed down the side is low106 and the printer it came out of,

also it has a Lowell ref number on it ??

 

 

it says that I defaulted on a phone contract Oct 2005 but they have not been able to trace me as I may have moved,

 

 

I moved from my last address two years ago,

they had seven years to speak to me about it,

there was a phone number for the mobile and on checking it was the one I used when I worked for myself,

when I went into employment with someone else

 

 

I paid £10 to have the number changed so as not to keep receiving work calls, but still under the same contract,

it was never an early termination of it,

 

 

I have been with 3 Mobile for 11yrs and have always upgraded and continued to have mobile contracts with them

 

 

after over nine years with no contact this must be statute barred at the very least,

 

 

any advise would be great .

[BankFodder]

Are you saying that you are being chased for an old number on an up to date account?

 

Your story is a bit hard to fathom.

Please can you set it out again carefully.

 

Also, some full stops and some paragraphs would be helpful.

[unclebulgaria67]

Hi

I have received a letter from what is supposed to look look like 3 mobile, I say supposed as printed down the side is low106 and the printer it came out of, also it has a Lowell ref number on it ?? anyway it says that I defaulted on a phone contract Oct 2005 but they have not been able to trace me as I may have moved, I moved from my last address two years ago, so they had seven years to speak to me about it, there was a phone number for the mobile and on checking it was the one I used when I worked for myself, when I went into employment with someone else I paid £10 to have the number changed so as not to keep receiving work calls, but still under the same contract, it was never an early termination of it, I have been with 3 Mobile for 11yrs and have always upgraded and continued to have mobile contracts with them so after over nine years with no contact this must be statute barred at the very least, any advise would be great .

 

 

Suggest a letter to Lowell saying that you have had a continous contract with 3 for about 11 years and think that Lowells have been passed a debt that does not exist.

 

Say that you have only moved in the last 2 years and have never been contacted before relating to any outstanding amount from 2005.

 

Suggest to Lowell that they raise a query with 3 mobile and to ask 3 mobile to write to you directly explaining how they have made this mistake.

[westonadam]

Thanks I will do that, to clarify for bank fodder

 

In 2005 I had a mobile with 3 that I used for my own business, I gave up my business so paid to have the number changed so as not to get work related calls, but carried on with the same contract but on a different number.

 

since that time I have had numerous contracts rolling on one after another, I have never had a break in service from 3 mobile or ended a contract early in the 11 yrs I have been with them .

 

I left my previous address 2 yrs ago so 3 mobile have had plenty of time to to contact me regarding this matter, the fact that I remained with three when I moved to my current address would also give them ample opportunity to contact me regarding this they are asking for £28.88 arrears and £205.96 early termination fee, I have heard nothing form them for 9 yrs and 3 months surely this can,t be correct.

[unclebulgaria67]

Thanks I will do that, to clarify for bank fodder

 

In 2005 I had a mobile with 3 that I used for my own business, I gave up my business so paid to have the number changed so as not to get work related calls, but carried on with the same contract but on a different number.

 

since that time I have had numerous contracts rolling on one after another, I have never had a break in service from 3 mobile or ended a contract early in the 11 yrs I have been with them .

 

I left my previous address 2 yrs ago so 3 mobile have had plenty of time to to contact me regarding this matter, the fact that I remained with three when I moved to my current address would also give them ample opportunity to contact me regarding this they are asking for £28.88 arrears and £205.96 early termination fee, I have heard nothing form them for 9 yrs and 3 months surely this can,t be correct.

 

What I think has happened is that 3 changed you from being a business customer to a personal customer in 2005. You would not have noticed the change, as it was just done on their systems and they may have issued you with new documents. As you stayed with them, they did not chase you for any fees that would normally be due to cancelling one contract and starting another.

 

Since this time 3 mobile have carried out some audit on their accounts and they have by mistake picked up a debt going back to 2005. They have then added it to other debts, which they have passed on to Lowell.

 

This is just my guess as what has happened, based on what you have said. It is the only explanation that makes any sense.

 

Nb. Even if there was any debt, it will be statute barred, as it goes back to 2005 and has never been chased. So you would not have to pay it anyway.

[westonadam]

Hi

 

I was never registered as a business customer I was just a one man band doing general maintenance , but the fact that it is statute barred means I don,t need to worry

[Dot1]

Hi westonadam,

 

Since you are still a 3 customer, it might be a good idea to ask them for an explanation for the alleged debt.

 

That might provide you with an answer quickly.

 

What ever happened, they might still have the record. From what you said it might be SB.

 

Is it on your credit file? It worth checking.

 

Thanks Dot

[dx100uk]

past and present threads merged for history

 

 

dx

[westonadam]

Hi All

A couple of months ago I had two letters from 3 mobile saying I had defaulted on a phone contract (not true) I have been with 3 since 2003 and still am I have upgraded every time and remained a loyal customer, I noticed that the letters were not in the normal format from 3 mobile and the envelopes were different , I then saw printed down one side in small print lowells name and the number of the printer.

 

Anyway it threatened to pass the debt onto Lowell and sure enough a few days later a had a letter from them, it said that the alleged debt was from 2005 and that there had been a delay in chasing it (almost 10 yrs) as I must have moved house, I moved house in 2012 so they had 7 yrs to contact me, so I sent them a statute barred letter last week by recorded post, today I recieved this reply.

 

Thank you for your letter advising that you believe the above account is statute barred .

 

we confirm that your account remains legally enforceable by us and is not statute barred, this is

because your debt did no t become fully due and payable until three mobile issued a default notice , which you did not comply with, according to the information provided by three mobile the default date was 22nd March 2013 (I moved house in Jul 2012) therefore we consider that the debt in enforceable for 6 yrs after this date.

 

I contacted three who cannot confirm or deny the debt but say as Lowell are dealing with it they can,t discuss it with me, Lowell have said that they have placed my account on hold while they request copies of statements from three, but should I not agree with anything they have said to give them a call ( not going to happen)

 

HELP it,s driving me mad . Thank,s

[citizenB]

Have you checked your credit file to see if this is being reported ?

 

I would suggest a Subject Access request to 3 to see if their records show a default being placed in 2013.

 

IMHO, even if they did register the default in 2013, the account is still statute barred in that there has been no activity on the account since 2005. They had plenty of time to register a default prior to 2013 so their poor administration should not be used to say that it is still pursuable.

 

Irrespective of the above, you are advising that this account is not yours anyway.

 

I think 3 has to take some responsibility for this as they have provided inaccurate information, so perhaps a Formal Complaint to both 3 and Lowell at their Head/Registered offices.

 

Needless to say, if this is showing on your credit files, you want it removed.

[unclebulgaria67]

If you have got the Three account reference from Lowell, then Three can discuss this account with you. Three have a responsibility under the Data Protection Act in telling you what data they are processing in your name. They cannot tell you that Lowell are dealing with the account and they cannot give you any information.

 

Three Mobile head office telephone number 01628 765000

 

You can try the CEO email address at Three [email protected]

 

I am sure you can get this resolved with a few phone calls and emails to their head office. You could tell them that the BBC are interested in featuring your story on BBC radio money programme, but you are seeking to resolve yourself. Companies do tend to want to resolve, as they would prefer not to feature in media programmes.

[fkofilee]

If you want to contact us simply reply to this email or you can give my team a call on 0800 358 9042. Our office hours are 9am to 6.30pm, Monday to Friday.

 

Thats the direct number to the Exec Team... Im surprised by H3G because they are getting better behind the scenes.

 

What i also dont get is it seems like they have issued a DN nearly 10 years after?

Finally Lowell are wrong, Default Notices doesnt really count as 6 years for SB... Im thinking Welcome Finance here who wouldnt default the account for almost 3 years.

[renegadeimp]

Lowell are flouting regulation and guidance again. Put your foot down with them, remind them you are well aware of what constitutes SB, and that you will be reporting them to the fca.

 

Mark the letter Formal complaint and you force them to sit up and take notice or you can get fos involved.

 

It makes you wonder how many other people they do this to. They can't say its an admin error either due to the wording they're using.

[ScarletPimpernel]

Lowell tried this with me, claiming a much later default date than was the case. Even when I produced a copy of the actual default notice I'd kept - that showed it was statute barred - they went on to the 'we're getting statements' stuff. The statements came, together with another demand for payment. I took great pleasure in pointing out to Lowell that the statements proved that the cause of action (which is what matters for statute-barring), was indeed well over 6 years before. I made a formal complaint, and they replied saying that the original creditor had provided them with different information so they believed it wasn't SB. Patent nonsense, since Lowell had had the statements, but I think it shows that they are either alarmingly incompetent, or they just try it on - I know which I think it is.

[SabreSheep]

I think it shows that they are either alarmingly incompetent, or they just try it on - I know which I think it is.

 

 

A unhealthy meal of both i would say.

[dx100uk]

threads merged yet again

 

 

please keep to ONE THREAD per debt

 

 

dx

[westonadam]

about 18 months ago I received a letter from 3 mobile saying that I had ended a mobile phone contract early about 7 or 8 yrs ago and that i owed them £391.05

 

 

I have been a loyal customer of 3 for around 13yrs,

I still am a customer with them ,

and have renewed my contract with them on numerous occasions without problem,

 

 

i contacted 3 and explained that I have never terminated a contract early and the dates that they are talking about was a time that I changed my number as I was receiving malicious calls, so they must be confused it was not a new contract it was a number change,

 

 

after getting nowhere with the call centre I contacted their head office,

before I had a reply Lowell got involved ,

 

 

about a month later Lowell sent me a letter saying that they had not realised I was in dispute with 3 mobile say they were withdrawing any action.

 

This week Lowell have started again saying they are now the new owners of the dept and intend to pursue it, any advise please

[unclebulgaria67]

Suggest that you chase this up with 3 Mobile head office, asking why they have sold a debt to Lowell that does not exist. You need to keep a written record with proof of posting.

 

Lowell are just working off spreadsheets and sending standard letters. So i doubt they actually looked at any system records, before the latest letter was sent. Get it resolved with 3 mobile and advise Lowell once you have.

[ericsbrother]

If the computer generated debt was real it would be SB now anyway so I hope Lowell have paid money for it. Would serve them right twice over!