Disputed 3 mobile debt/default sold on to Lowell - **WON+COMPO+DEFAULT REMOVED BY 3**

[HildaP]

Hello, this is my first posting

– apologies if I ask obvious questions,

but I'm new to the world of debt collection!

Any help would be hugely appreciated.

(Apologies, too, for the long post)

 

I'm being chased for a debt from Three Mobile, which I don't believe I owe.

 

 

The first I heard about the debt was an e-mail from a debt collecting agency

– I had moved abroad, and so Three didn't have my address.

(I therefore didn't receive any letter from the mobile phone company requesting the money.)

 

 

After receiving the e-mail,

I replied to the debt collection agency that the debt was in dispute and contacted Three to tell them I didn't accept the debt

(it appears to relate to charges made after I cancelled my contract),

giving my reasons and asking for an explanation/evidence.

I also asked for details of how to make a subject access request.

Three replied regarding how to make a subject access request,

but did not respond to my request for clarification about the debt.

 

I heard nothing more for almost 2 years, when

a letter was sent informing me that if i didn't contact the mobile company to discuss payment of the debt within 20 days

it would be passed to a debt collection agency.

 

 

I replied within a few days, referring to my first letter,

again making it clear that I didn't accept the debt,

and again asking for explanation as to why they believe I owe this money

(I still haven't had any bill relating to the charges) and evidence.

 

The mobile phone company ignored my response and sold the debt to Lowell Group, who are now chasing me for the money.

Apparently the mobile phone company has also put a 'default' on my account, which will negatively affect my credit rating.

 

My questions are:

- Is it legal to sell on a debt which has been disputed and for which no explanation has been given?

And is it legal to put a default marker on an account, when the debt is disputed?

 

- What action is Lowell Group entitled to take against me, and how should I respond?

 

- How can I set about having the 'default' marker removed from my credit rating?

 

Many thanks for your help.

[AndyOrch]

Hi Hilda and welcome to CAG

 

My questions are:

 

- Is it legal to sell on a debt which has been disputed and for which no explanation has been given? Yes

And is it legal to put a default marker on an account, when the debt is disputed? No if you are not liable for any debt

 

- What action is Lowell Group entitled to take against me, and how should I respond?

They may issue a court claim for a money judgment I would Inform them of what the debt is about and dispute (doubt they will believe you)

 

- How can I set about having the 'default' marker removed from my credit rating?

By convincing them why the default marker should not be placed and that 3 Mobile have passed a disputed account to them.

 

You can also report it to the ICO (Information Commissionaires Office) and also the mobile legal body (Oftel)

 

Regards

 

Andy

[SabreSheep]

Not sure how to combat the default but

 

Yes debts are sold on even when in dispute.

 

Lowell will try and issue a small claims against you which people on this forum will be able to help you defend against.

 

I would do a formal letter recorded delivery to three statting that this account was not yours. If you are sure it is not yours, make a complaint to action fraud and pass the crime number to Three.

 

Start following the process for complaints properly.

[AndyOrch]

Not sure how to combat the default but

 

Yes debts are sold on even when in dispute.

 

Lowell will try and issue a small claims against you which people on this forum will be able to help you defend against.

 

I would do a formal letter recorded delivery to three statting that this account was not yours. If you are sure it is not yours, make a complaint to action fraud and pass the crime number to Three.

 

Start following the process for complaints properly.

 

"After receiving the e-mail, I replied to the debt collection agency that the debt was in dispute and contacted Three to tell them I didn't accept the debt (it appears to relate to charges made after I cancelled my contract)"

[SabreSheep]

serves me rigth for skim reading

[AndyOrch]

Of course you realise Hilda...the following was the start of your problem........

 

" I had moved abroad, and so Three didn't have my address."

 

Did you ever inform them of your new COA?

[HildaP]

Thank you all for the advice.

 

No, I don't inform them of my new address

– I moved abroad, and cancelled my contract before I left for that reason.

I therefore had no reason to believe they would need to contact me, and nor did they ask for a contact address.

Nevertheless, months after the cancellation date, money continued to be taken from my account from Three via Direct Debit.

 

 

In addition to the standard monthly fee,

there also appeared to be extra charges added on – only a few extra pounds,

but since I wasn't able to use my old mobile after I moved abroad I can't think of an explanation for them.

 

 

I raised this issue with Three via their online complaints form, but didn't get any reply, or even an aknowledgement of my complaint,

 

 

I just cancelled the direct debit and claimed my money back from the bank.

I presume this is what the debt relates to, but I can't be sure, as I haven't actually had a bill.

 

Would contacting Three and making a subject access request help?

Presumably I would then be able to see all the alleged bills and their records of my correspondence?

 

What happens if there is a stalemate

i.e. I say I don't owe them money, Lowell say I do, and there is no evidence either way?

 

 

Is it up to Lowell/Three to prove that I owe the money?

[AndyOrch]

Yes a DSAR would be useful should Lowell decide to Litigate...in the event of a stalemate...as stated you have recourse with the ICO/Oftel.

[HildaP]

One more question – sorry. If Lowell issue a court claim, will they have to provide evidence of the debt, and will I get to see this? Are they able to issue a court claim without evidence?

[AndyOrch]

One more question – sorry. If Lowell issue a court claim, will they have to provide evidence of the debt, and will I get to see this? Are they able to issue a court claim without evidence?

 

Yes they will and yes you will....plenty of good reading in the Legal Forums on how they usually discontinue once a defence is submitted.

[HildaP]

Thanks for the help.

[thunderballs]

If the OP needs a concise list of email addresses for both Lowell and Three Mobile, I can help via PM.

 

Also, Drydens as well (if it does go as far as a court claim, then it'll be these shysters who'll likely be taking it on).

 

I'm mentioning this on the basis that all three companies have a nasty habit of denying the existence of certain emails/correspondence - but that'll be a bit harder for them to do if the same email's been sent to 400 people across all three companies.

[HildaP]

Thanks for the offer of help thunderballs. Lowell have put the matter on hold for now and are asking Three for more information, but I expect I will hear back.

 

I am a bit concerned that Three in particular may claim not to have received correspondence from me – they have failed to acknowledge and reply to any letter I have sent.

 

I don't actually have any e-mail address for Three, so if you could PM me some, that would be a great help – thank you! (I don't have enough posts to send a PM)

[thunderballs]

Check your inbox - you'll find about 400 email addresses there.

[dx100uk]

thunderballs

I've noticed this on 2 threads now

 

 

and both are new members that cannot use PM till till 30 posts

 

 

please keep all info on thread.

 

 

dx

[thunderballs]

Should the email addresses in question be posted on the thread itself in this case?

I'm happy to do that instead, if need be.

[AndyOrch]

Should the email addresses in question be posted on the thread itself in this case? I'm happy to do that instead, if need be.

 

No......we have the details that you previously provided TB...which is in the Site Team office.

 

Andy

[thunderballs]

Is there any way to ensure that the OP gets them, since she has asked for them?

[fkofilee]

Would it be worth me posting tghe execs office email addy for H3G?

They are EXTREMELY good and might beable to help here?

[thunderballs]

Not in my case they weren't, but also their address is already one of those included in the ones I sent to the Site Team some months ago.

 

The list comprised roughly 400 email addresses across Three Mobile, Lowell and Drydens, which will be posted online very shortly (not on CAG, though) and for reasons which'll be made apparent at the right time.

[AndyOrch]

There really isnt any need to email Lowell or contact them at all...ignore them unless you receive a claim...then we will advise on how to dispatch that.

 

Regards

 

Andy

[HildaP]

Quick update – I sent an e-mail to Three (and Lowell) outlining 6 points for them to address and notifying them that I would be contacting the Information Commissioner, Ofcom and the Financial Omsbudsman... and received an e-mail from the Executive Office today apologising, offering me a refund, and promising to remove the default from my account within 28 days

 

Thank you all for the advice (I will be making a donation)

 

Let me know if you'd like me to post the letters up on the forum (if that's appropriate/permitted)

Edited February 18, 2015 by HildaP
wanted to add extra info

[dx100uk]

well done

ofcourse you can post it up [suitably redacted mind!]

[HildaP]

One more question: as part of their apology, Three have offered me a 'goodwill payment' of £75.

 

While £75 would be nice (and would cover the cost of phone calls and registered delivery letters I've wasted over the past 2 and a half years), I'm not totally satisfied with Three's explanation.

 

If I accept the £75, is that an implicit acceptance of the apology and an agreement to draw the line under the whole affair? I am tempted to make a subject access request and see exactly what documents and correspondence they have regarding my account. But if I accept the £75 do I forfeit my right to complain further and ask for further explanation/investigation?

[fkofilee]

MAke a SAR , have a look. But You know something, I think what youve done is a HUGE Victory... Especially considering how much of a pain in the arse these guys a can be

Id Accept, your choice, I would imagine though that you couldnt complain further if reported to the ombudsman...