@o2 02 debt owned by lowell. Not a credit agreement?

[bettybrush]

Hi,

 

I have gotten copies of my credit files and I agree with most of what is on there.

However, there is a debt which is currently owned by Lowell for a telecoms bill.

 

The bill was for 02.

I ordered a phone several years back and there was a problem with the delivery,

it ended up going back to 02 and I cancelled the order as I thought the service was rubbish.

I got a phone from tmobile instead.

 

So I have just found a Lowell debt for nearly £1200 on my credit files.

Can I complain to Equifax etc?

 

As I never had the phone it would not have been used and there is no way I would have run up a phone bill that high anyway.

 

I have tried emailing Lowell but they are fobbing me off with "the creditor has given them permission to collect the payment from me".

 

Thanks in advance.

[silverfox1961]

Hi

All the credit reference agencies will do (eventually) is to say take it up with the creditor. You can complain to them and they will raise it with whichever creditor is marking the file but they do not require proof that the debt is real. They will just accept the creditors word for it.

 

What it sounds like is that O2 have failed to cancel the contract properly then flogged it on so the first port of call would be either Lowell, if they have bought the debt or to O2 if Lowell are just collecting on behalf of O2.

 

How long does the default have to go before it falls off your file? As you have others, another one isn't going to make a vast amount of difference.

[dx100uk]

CEO letter time?

 

 

dx

[bettybrush]

Hi,

 

thanks. The default date is 24/10/13, so it will be on there a while yet

 

I will write to 02.

 

Thanks

[bettybrush]

Hi,

 

I have been receiving letters from Lowell on behalf of O2 for three mobile account debts.

I did have an account with O2 a long time ago but I definitely did not have three accounts.

 

I have emailed Lowell and received a reply containing the following:

 

Please note that the balance requested for payment is a service agreement and not a credit agreement as defined by the Consumer Credit Act 1974.

Our client has no obligation to provide a signed agreement under the provisions of the Act.

 

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.

 

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

we are not obliged to provide you with a copy of any such agreement.

 

Firstly, does this mean that if the sims were not activated then the accounts can not be valid? (I never activated three sims)?

Secondly, if these accounts are not credit agreements

can they still be entered on my credit reports?

 

Thanks in advance for any advice.

 

P.S. I am definitely going to make another donation this weekend.

[Sidewinder]

Mobile contracts are service agreements and are not regulated by the CCA, so there is no obligation to provide a signed agreement. Use of the service forms the contract. The T&Cs that you agree to when applying for the contract allow them to report account activity to CRAs. That is my understanding.

 

I agree that it seems bizarre that they should think you had three separate agreements - that just sounds wrong, but you will probably need to SAR O2 to get more information on that - unless Lowell issue proceedings and then you can use CPR 31.14 to get the details.

[bettybrush]

Hi Sidewinder

 

 

thanks for that. I will contact O2 and see what they say.

 

 

Thanks

[Bazooka Boo]

When you contact O2 do it in writing start a paper trail of evidence.

 

Have you checked your credit file recently?

 

Ignore lowlifes, check their missives carefully see if it refers to O2 as their 'clients' at all, although if they have bought it, then O2 and lowlifes will have sent you the letters, in the same envelope, stating one has flogged it, the other has bought it.

 

Email the CEO too.

[bettybrush]

Thanks Bazooka. I will keep it in writing. I genuinely don't recall getting any letters from O2 saying that it was being passed to Lowell. I am going to get copies of my credit file and have a look.

[fkofilee]

[email protected]

 

Hope this helps.

[Bazooka Boo]

Well if you don't recall O2 informing you they have flogged it on, or Lowlifes informing you that they have bought it,

then it is likely still owned by O2, but you'll need to read their letters carefully to see if it mentions 'our client'.

 

If not, then the account is certainly disputed as O2 have failed to go through the correct procedure, although that doesn't mean it isn't owed, just means lowlifes will have to throw it back to O2.

[bettybrush]

thanks FKO and Bazooka. I will check the letters and emails that they have sent to me. I will keep this thread posted on what I find out.

 

 

Thanks

[bettybrush]

Hi,

 

 

I got this today from Lowell. It is apparently 'proof' that I owe 02 money!

[fkofilee]

Hi,

 

 

I got this today from Lowell. It is apparently 'proof' that I owe 02 money!

 

Did you contact O2 via their CEO method? No that is not proof you owe said debt...

[bettybrush]

Hi Fko,

 

 

I will email O2 CEO now. I was waiting for the 'proof' that Lowell had said they were going to send. Now I have that laughable letter I will email O2.

 

 

Thanks

[fkofilee]

Hi Fko,

 

 

I will email O2 CEO now. I was waiting for the 'proof' that Lowell had said they were going to send. Now I have that laughable letter I will email O2.

 

 

Thanks

 

Should of done it earlier but hey... One step at a time

 

Good thing you have that from Lowell however, I cant read it? Quite Squashed? Please dont tell me they sent that to you like that?

[bettybrush]

Should of done it earlier but hey... One step at a time

 

Good thing you have that from Lowell however, I cant read it? Quite Squashed? Please dont tell me they sent that to you like that?

 

 

Hi,

 

 

yes they did. Its unreadable. It came with a letter saying that enclosed is the proof that I requested. Please can I make payment.

 

 

Its a joke!

[fkofilee]

Hi,

 

 

yes they did. Its unreadable. It came with a letter saying that enclosed is the proof that I requested. Please can I make payment.

 

 

Its a joke!

 

Oh wow!.... This is really a new low!

[AndyOrch]

Hi,

 

 

I got this today from Lowell. It is apparently 'proof' that I owe 02 money!

 

Was there any cover letter expanding on what it is suppose to be Betty ?

[bettybrush]

Hi Andy,

 

the letter was a basic Lowells letter. It said "enclosed is the documentation from the original creditor" and "we trust this answers your query, we look forward to receiving payment"

 

Surely whoever it was who put that in the envelope had a laugh at the time!

 

thanks

[AndyOrch]

I doubt it...don't think they have a sense of humour...but then again working in that industry:-)

[Bazooka Boo]

Lowells letter. said "enclosed is the documentation from the original creditor" and "we trust this answers your query, we look forward to receiving payment"

 

It seriously doesn't merit a response!

Although you could continue to play their silly game and send your payment in a similar response, !"£$%^&^&*)__)_+++=_-)

Complete dullards!

[bettybrush]

It seriously doesn't merit a response!

Although you could continue to play their silly game and send your payment in a similar response, !"£$%^&^&*)__)_+++=_-)

Complete dullards!

 

 

 

Ha ha that's funny I could do that!