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Help- Lowell and BCW - what to do now?


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I have posted before about this debt but felt a new thread was needed.

 

Long story short

- my mum (70) was conned into signing for a mobile phone contract by my brother

(history of drug abuse and criminal convictions as long as your arm) with the promise he would pay the bills!!!

Needless to say he payed for a while and then stopped.

 

Debt 1 - 2002 with Vodafone, £1356- now with Lowell.

Tried going down Vodafone route- but no joy there.

Lowell contacted my mum about 3 years ago by phone and she was so scared she agreed to pay £50 a month

- until I found out what was happening and stopped this.

 

Debt 2 - 2012 with EE, £691 now with BCW.

 

I have asked for original CCA's but have been told mobile phone contracts don't come under this legislation.

 

My mum has recently been through treatment for skin cancer, is in early stages of dementia,

lives in a charitable almshouse flat, and I have authority to deal with all this for her.

 

BCW have threatened a doorstep visit despite me telling them she will not be able to afford any payments.

 

Lowell have asked for a Dr's letter and income/expenditure details.

 

She is too scared to go to the Dr and feels ashamed to have to talk to her Dr about this.

 

I have been told never to send income details to these companies.

 

She has her state pension and a private pension and qualifies for pension credit

- She just about manages but I help her a lot so she can have some peace of mind.

 

I am stuck as to know what to do now- we don't despute the debt but she is just not able to pay it off.

 

Any help will be greatly appreciated.

 

Kind regards

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IMHO, I think it might be worth you having a word with National Debtline about this situation.

 

https://www.nationaldebtline.org/EW/Pages/default.aspx

 

 

telephone 0808 808 4000

 

They will help you produce a common financial statement (income and expenditure form) which Lowell and their Thugs will be obliged to consider. TBH, I am not sure whether you would need to produce a GP letter IMHO it is very intrusive, however, you are pretty much asking Lowell to go away and forget your Mum exists . If after this, they were then to continue to harass your Mum, I think the regulatory authorities would take a very dim view.

 

Others might have advise differently.. but this is what I would do if it were me.

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2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks for that CitizenB - I will give them a call.

 

 

We have offered both companies £2 a month - but they are asking for income/expenditure details.

 

 

Lowell actually said they could probably write the debt off if we gave them the Dr's letter and financial info

- but I feel this may just be a big fat lie!!!

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Re Debt 1 Vodafone - You give a debt date of 2002, but when did the actual default on the contract payments happen ?

 

 

When exactly did you Mum start to make repayment ?

 

 

Was there a 6 year period of no payments against the contract being made ?

 

Re Debt 2 EE with BCW - When was the default for this ?

When did she start making any payments if at all ?

 

If your Mum does not own any assets such as house or flat,

I would be inclined to tell these debt collectors to get lost in a nice way.

 

 

Just explain the situation and say that no payments will be made.

 

 

I suspect that if you contacted your Mums GP practice, they will get the GP to write a To whom it may concern letter,

which just states the current medical situation they are aware of.

They will just send the letter to your Mums address and she can send it off to anyone who contacts her.

 

But can you provide a bit more details in regard to questions above please.

We could do with some help from you.

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Thanks for that CitizenB - I will give them a call. We have offered both companies £2 a month - but they are asking for income/expenditure details. Lowell actually said they could probably write the debt off if we gave them the Dr's letter and financial info- but I feel this may just be a big fat lie!!!

 

It is my understanding that creditors do and have written off debts where there are no assets and little income, such as in your Mum's situation. For sure they will not be able to pursue her family for her debts.

 

If you would perhaps like to hold fire for a little while until I can get a few more of the site team to have a look in on you. It could be that there are significant charges that could be reclaimed.

 

How did the Vodafone account become so large ?

 

BTW, in the event that you do go down the I&E route.. do not include any funds that you give your Mum to make ends meet !! Only what she receives by way of pensions, credits and benefits.

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks for that CitizenB - I will give them a call. We have offered both companies £2 a month - but they are asking for income/expenditure details. Lowell actually said they could probably write the debt off if we gave them the Dr's letter and financial info- but I feel this may just be a big fat lie!!!

I would not discount Lowells statement re write off, there has been quite a number of very reasonable "settlement" offers from Lowell recently, try to persuade your mum to ask the Doc for a letter.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Uncle B raises a good point - when did the VF account default and when exactly was Mum bullied into making the payment arrangement.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Re Debt 1 Vodafone - You give a debt date of 2002, but when did the actual default on the contract payments happen ? When exactly did you Mum start to make repayment ? Was there a 6 year period of no payments against the contract being made ?

 

Re Debt 2 EE with BCW - When was the default for this ? When did she start making any payments if at all ?

 

If your Mum does not own any assets such as house or flat, I would be inclined to tell these debt collectors to get lost in a nice way. Just explain the situation and say that no payments will be made. I suspect that if you contacted your Mums GP practice, they will get the GP to write a To whom it may concern letter, which just states the current medical situation they are aware of. They will just send the letter to your Mums address and she can send it off to anyone who contacts her.

 

But can you provide a bit more details in regard to questions above please.

 

The vodafone account was from aprox 2002

- I expect my brother made payments for maybe less than a year,

then made adhoc payments as and when and was in contact with vodafone himself

as it was never my mum who used the phone.

 

 

I guess it then took all that time for Lowell to track down mum at her current address

and they contacted her in aprox November 2012 and and frightened her into paying £50 a month.

 

 

So I guess there was a 6 year period between my borther's last payment and when she started paying.

Ihave asked Lowell for a full rundown of all the debt and what it consists of-

and for the original CCA but they say they don't have to supply this.

 

The EE debt was defaulted in 2013 - again I have no full rundown of the debt and dates etc as they will not provide me with them despite my numerous requests.

 

I will see how she feels about going to the GP

 

Thanks :)

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The vodafone account was from aprox 2002- I expect my brother made payments for maybe less than a year, then made adhoc payments as and when and was in contact with vodafone himself as it was never my mum who used the phone. I guess it then took all that time for Lowell to track down mum at her current address and they contacted her in aprox November 2012 and and frightened her into paying £50 a month. So I guess there was a 6 year period between my borther's last payment and when she started paying. Ihave asked Lowell for a full rundown of all the debt and what it consists of- and for the original CCA but they say they don't have to supply this.

 

The EE debt was defaulted in 2013 - again I have no full rundown of the debt and dates etc as they will not provide me with them despite my numerous requests.

 

I will see how she feels about going to the GP

 

Thanks :)

 

Yes CCA is not relevant for the account but Lowells would have to supply statements. Vodafone do have a CAG site rep, who might be able to get hold of statement information, to know when the last was made to them. But the request would have to come from the Vodafone account holder for Data Protection reasons.

 

-----------------------------------------------------------------------------------

 

If you'd like any help from me, email me with your details via the Contact us form here and quote the code WRT135 - CAGlink31.gif Forum in the subject line.

 

Once sent, you'll receive an automated reply with a reference number. Post back with this and I’ll check I've received it.

 

Kind regards,

 

Lee

 

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vodafonelink3.gif UK

----------------------------------------------------------------------------------

 

With EE debt being chased by BCW, it might be easier to deal with EE and you could send a letter to EE on your Mums behalf, just getting her to sign it, for Data Protection purposes. Companies won't deal with third parties, until the contractor gives their consent. The letter to EE would explain the circumstances and ask for their help. Given the recent date of debt, I expect that EE still own the debt.

 

If your Mums GP knows of her medical situation, she would not need to visit the GP to get a letter. She can probably just phone the GP surgery and they will arrange for one to be sent to your Mum.

We could do with some help from you.

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Thanks for that- I have spoken to Lee previously and unfortunately he was unable to take things any further. But I will contact him to get some statements. And EE-I will do that as well.

Many thanks everyone :)

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get all the statements

 

 

im surprised lee at voda could not help

 

 

I suspect both of these are statute barred [any 6yr period of no payment]

 

 

quite honestly I'd call BCW & Lowells bluff

don't pay a thing

 

 

and let this got to court on both of them

 

 

then the truth will out

 

 

I cant see anyone taking a 70yrs old widow to court

they'd get eaten alive by the judge.

 

 

dx

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

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Thanks Lee- what I am after is all statements and timings of the account- when it started, when it defaulted, when mum started making payments to Lowell etc etc.

 

Thanks

 

Kirsty

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If the account was statute barred when Lowells first demanded a payment.. then Mum can stop now with no problems.. however she wont be able to obtain a refund from Lowells for any monies she has been misled into paying.

 

On the assumption that your dates are correct..

 

Account opened 2002 - payments made for one year then ceased - 2003

 

Lowells contacted Mum 3 years ago - 2011

 

By my calculations the account would have been statute barred at the time Lowells contacted your Mother and would quite likely have been aware of that fact.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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If the account was statute barred when Lowells first demanded a payment.. then Mum can stop now with no problems.. however she wont be able to obtain a refund from Lowells for any monies she has been misled into paying.

 

On the assumption that your dates are correct..

 

Account opened 2002 - payments made for one year then ceased - 2003

 

Lowells contacted Mum 3 years ago - 2011

 

By my calculations the account would have been statute barred at the time Lowells contacted your Mother and would quite likely have been aware of that fact.

 

I got her to stop paying as soon as I found out what had happened! But doesn't the fact she started to make payments cancel that out? Or is it still statute barred? If it is what does that mean to us?

 

Cheers

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Hi rattters,

 

I do recall discussing this with you earlier in the year.

 

As things don't appear to have moved any further forward, I'll take another look and get back to you.

 

Kind regards,

 

Lee

 

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Vodafone UK

 

Thanks Lee - we were basically at a point of waiting for a copy of all statements- but I haven't received any.

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I got her to stop paying as soon as I found out what had happened! But doesn't the fact she started to make payments cancel that out? Or is it still statute barred? If it is what does that mean to us?

 

Cheers

 

Once statute barred, always statute barred. Any payments made by your Mum, would have been in honour of owing a debt and Lowells could never have enforced in a court. As has been said, Lowells chased a debt they had bought and they don't have to mention statute barring. It is up to the debtor to know their rights.

We could do with some help from you.

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the SB clock start might not equate to the default date

 

 

dx

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

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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the SB clock start might not equate to the default date

 

 

dx

More often than not there is no correlation between the two.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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How do I go about finding out if the debt is statute barred?

Have you checked your credit reference files?

If not do so now, Experian and Equifax have free 30 day trials, Noddle from Call Credit is free.

If the debt/account shows check the default date.

 

 

Statute Barred (England & Wales) is No Payment or Unequivocal Written Acknowledgment of the Debt in 6 Clear Years.

 

 

The Default date can be up to 5-6 months after the last payment.

If the account was paid by Direct Debit check with your bank (or your statements) for the last DD transaction.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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