Lowell help appreciated.

[richthegill]

Afternoon all. I wondered if you can help at all.

 

I checked my credit record

 

 

I saw that I have 4 accounts with Lowell.

 

 

I contacted them asking for the account numbers and they told me I actually had 5 accounts with them.

 

Took all the details and then sent them a letter with budget sheet asking for them to write off the debts as I had no way of paying them.

 

My budget sheet shows a deficit of nearly 150 a month and that is before my son is born!

 

They've contacted me today to say they won't write these off as this is something they don't do,

they asked if I was getting assistance and have put a hold on the accounts for 7 days.

 

Now they have told me that the 5th account is with Scotcall.

As this isn't on my record could it be statute barred?

 

what should I do now?

 

 

Have I restarted the 6 years and should I ask again for them to write off the debt?

 

I am not sure of the defaulting dates on all these so I don't know if they are statute barred or not.

 

any help is greatly appreciated.

[dx100uk]

why oh why did you pull their tail?

 

 

I hope you not done this on the phone either?

 

 

list the debts please

and what they were

 

 

please remember no DCA is a bailiff

and they have

NO SUCH LEGAL POWERS.

 

 

dx

[blueda]

Hi Richtegill, were your Creditors in touch asking for payments before you looked up your credit record, and have you any idea when you stopped paying them ?.

Edited February 26, 2015 by blueda
typo

[richthegill]

Hi Richtegill, were your Creditors in touch asking for payments before you looked up your credit record, and have you any idea when you stopped paying them ?.

I had letters from them chasing it and phone calls left on my answerphone. I haven't spoken to them on the phone as I know I would want everything in writing.

 

 

All with Lowell..

 

Original Creditor: Three Mobile

 

Balance: £441.37

opened Dec 2008 default Dec 2009

 

Original Creditor: Orange

 

Balance: £459.91

opened 2009 default Feb 2011

 

*Original Creditor: Vodafone

 

Balance: £1482.62

Opened sept 2010 defaulted Dec 2011

 

Original Creditor: T-Mobile (UK) Ltd

 

Balance: £495.96

not listed on my credit report

 

 

Original Creditor: EE Limited (Formerly T-Mobile UK Ltd)

 

Balance: £1906.85

account opened 2011 default July 2012

 

capquest

£1404

Acct opened March 2007 default date 5th May 2009

 

Virgin mobile

£694

account opened 2012

Not defaulted

*

Cabot financial

£295

Account opened 2008

Defaulted Nov 2009

 

 

I want to get rid of them all but can't even afford a nominal payment at the moment.

[blueda]

The oldest one that you have listed is three mobile, if you are in England, this will not be statute barred until December 2015. You could using the letters template on this site and ask Lowell to provide a copy of a valid Consumer credit agreements between yourself and the original creditors.

Edited February 26, 2015 by blueda
Mistake of content.

[dx100uk]

so nearly all mobile phone accounts?

 

that's a lot

 

all yours?

 

those that are not phone accounts, what are they please and who/what was the original debt

 

dx

[richthegill]

so nearly all mobile phone accounts?

 

 

that's a lot

 

 

all yours?

 

 

those that are not phone accounts, what are they please and who/what was the original debt

 

 

dx

 

Yep all mobile apart from cabot which was mail order.

went through the phase of wanting the latest phones which they kept giving me. Suffering from depression it was a way if lifting me.

Of course I massively regret it now but hindsight is wonderful.

[blueda]

I have amended my post above due to an error on content after re reading your post.

[richthegill]

So i don't really know what direction to turn.

 

Obviously they turned down my request to write off the debt.

 

So where do I go here?

 

Has the 6 years restarted now I have contacted them?

 

I spoke with National Debtline who told me to either take a DRO or offer a token £1 a month.

 

I don't really want a DRO as this will start 6 years of credit scoring issues again,

 

whereas if I pay the token,

 

they will disappear from my record between now and 2017 anyway I assume.

[dx100uk]

are they all defaulted

 

 

dx

[richthegill]

All defaulted apart from Virgin Media although that is in arrears. They won't accept payment from me unless I send in a cheque once a month.

[blueda]

I don't think the 6 years are re started, Offering them £1.00 each per month is an option, that would re set the 6 years, another option is to ask for CCA requests to find out if collection of the debts are enforceable or not.

[dx100uk]

All references to a defaulted debt must be removed from your credit files after 6 years

has passed from date of default, whether paid off or not.

.

{the WHOLE ACCOUNT WILL VANISH, never to return}.

.

{however, this does not mean the debt itself is not still owed

consider a CCA request.}

.

This is so that someone who continues paying something

- even after 6 years from default

- should not be at a disadvantage to someone who pays nothing after default

and ends up with a clean file after 6 years.

[richthegill]

This is my response from Lowell after my CCA request

 

Good Morning,

*

Thank you for your email and the attached documents.

*

Please note as account ***** is currently being managed by ScotCall all queries you have regarding this account will need to be directed to them.

Their contact details can be found in my previous email.

*

Please be advised all these accounts relate to Service Agreement and not a Credit Agreement

and are therefore is not governed by the provisions of the Consumer Credit Act 1974.*

There is no requirement to complete and sign any such 'agreement' in order to obtain an account of this nature.

*

Telecommunication accounts can be obtained by telephone, over the internet and by mail order

and therefore, we are not obliged to provide you with any such agreement.

 

 

In the case of mobile contracts, inserting the SIM card and usage of the equipment is taken as acceptance of the terms and conditions of the contract.

*

We have however suspended collections activity on accounts******** and ******** while we request a statement of the account directly from the original creditors.

Please note this is sufficient to substantiate our claim against you.

*

It can usually take up to 60 days for us to receive this documentation however, sometime it can take longer. We will forward these onto you once these have been received.

*

Due to the age of the accounts******** and ******** we are unable to request statements for these account.

Please can you let me know how you wish to proceed with these accounts?

*

I have noted the reference that you have made to the Consumer Protection from Unfair Trading Regulations 2008.

*

We do not believe there to be any substance in your view that Lowell are undertaking an unfair practice by not having a copy of the credit agreement in our

 

possession at the point this debt was purchased from our clients.

 

*************

Lowell have purchased these debts in good faith from each of the original crediors whose records indicate that these debts are properly payable.

Lowell have not received indication from you if these debts claimed are denied or if their is any reasona why you believe this to be the case.

***

I look forward to hearing from you.

*

[richthegill]

So can anyone advise? Much appreciated ☺

[dx100uk]

ruddy fleecers...

 

 

Due to the age of the accounts******** and ******** we are unable to request statements for these account.

Please can you let me know how you wish to proceed with these accounts?

 

 

.............

 

 

they still want you to pay these...bugger off you fleecers.

 

 

taking you for a mug

 

 

and the other too aswell I bet!!

 

 

dx

[blueda]

Typical standard letter, they have suspended payments for up to 60 days whilst they try to locate the CCA from the original creditor. I would wait until hearing from them again and post on here their follow up.

[dx100uk]

they are mobile phone contract

no CCA required

 

 

dx

[renegadeimp]

If scotcall are there, i guarantee the debt is bad. You just have to find out why.

[richthegill]

ruddy fleecers...

 

 

Due to the age of the accounts******** and ******** we are unable to request statements for these account.

Please can you let me know how you wish to proceed with these accounts?

 

 

.............

 

 

they still want you to pay these...bugger off you fleecers.

 

 

taking you for a mug

 

 

and the other too aswell I bet!!

 

 

dx

 

I thought this too. It's possible it's statute barred. What I am worried about it resetting the 6 year window of I send the letter.

[richthegill]

regards the scotcall, i don't think that one is time barred. I find it strange they have gone to them for that one debt and not the others though I must admit.

How would I find out the debt is bad? and in what context would it be "bad"?

 

thanks again.

[richthegill]

regards the scotcall, i don't think that one is time barred. I find it strange they have gone to them for that one debt and not the others though I must admit.

How would I find out the debt is bad? and in what context would it be "bad"?

 

thanks again.

 

well they told me today that the debt with Scotcall has been returned to them and they have requested the statements from Orange.

there are 2 debts they have said they cannot get the statements for as they are too old. do I risk a statute barred letter?

[unclebulgaria67]

Would not bother as it is up to them to prove they have an enforceable debt.

[dx100uk]

keep the SB usefulness for if they issue a claim

 

 

dx