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    • Lowell has written to me concerning this debt on the 23rd of Jan 2020. letter states: We have noted the contents of your letter and we understand that you have no knowledge of this account. We are able to offer the following information regarding the account. • Agreement start date: 19/06/2014 • Application address: Flat 4, 3 Kempsford Gardens • Tariff Description: Phone BB Hardware • Disconnect Reason: Cessation by BT • Original Creditor: BT Retail Consumer • Mobile Number:02078351401 ( this is a landline ) • Client last payment date: 16/12/2014 • Client last payment value: 86.16 this is not £499.00 • Default date: 27/08/2015, this doesn't square with last pay date. • Airtime Debt Value:257.94 • Early Terminate Fee:241.99, can they charge this? • Billing Date:27/03/15 LOW105_230120 497503_ MACHINE \ 116\247 \ lof2 \ Airtime Debt is for the services used and the Early Termination Fee is calculated to reflect the remaining months of your contract which remain unpaid from the date of your account closure. We have requested from BT PLC a copy of the statements for the account to help clarify this matter for you. We will write to you further once we have received this documentation and in the meantime your account is on hold.   I obtain the SAR. it is attached: this is all they hold. 1. Can you explain the implications of the response  and the SAR as far as Lowell being able to collect the debt?   2. I responded to Lowell with this letter: Lowell Financial Ltd. 4875 Dear Sir: I write to you in response to your letter of 23 January 2020. Insofar that a relationship may have existed between myself and BT I cannot recall this account (Agreement) and request that you supply me with a copy of the Account/Agreement and other documents listed in the bullet points of your response. I  deny any breach  of the purported agreement. You have failed to supply me with a copy of the agreement requested . I have never received any evidence that you are the legal owner of the debt, by assignment, sale and purchase agreement or otherwise. I have never received and am unaware of any legal notice of assignment or Notice of Assignment pursuant to Law and property Act 1925 Section 136(1). This document is not referenced in your response. I deny that I have failed  to maintain the required payments to BT. It is denied that I have failed to respond to demands for payment sent by you and/or its agents. Lowell is put to strict proof that any such demands have been sent to me by you. a). Lowell appears to  admit it is the assignee of a debt, it is denied that the Lowell has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act 1925.  b). It is further denied any funds are due Lowell  because the Lowell appears to have sold this debt to another firm in 2019.  Lowell must therefore show how it has legal right, either under statue or equity to collect this sum from me. I  deny owing any money to Lowell  and you are required to produce evidence to support your claims that this sum is in default, due and owning this includes: a. Show how the I  entered into an Agreement. b. Show how I  have reached the amount claimed for. c. Show that I  failed to maintain the required payments and the service was terminated as claimed. d. Show that the statute of limitations on this alleged debt has not passed. 7. As per Civil Procedure Rule 16.5(4) it is expected that Lowell must  prove the allegations that the money is owed; having been provided with written requests for information under CPR 31.14 and to date have failed to provide any such documentation as detailed in its response letter.  8. Notwithstanding the above should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if the remaining contract is unlikely to be fair as it fails to consider the fact that the provider no longer has to provide and pay for their service.  You state that the balance due includes £241.99. You must remove this from any collection efforts, and I dispute that this and all other balances are owed by me. 9. Show that I was residing at Flat 4 3 Kempsford Gardens on the alleged defaulted date of 27/08/2015 or any other date after 16/12/2014.  Alternatively remove any debt you allege is owed  because back billing and billing for unused services is not allowed. 10. Please explain Lowell reporting to the credit bureaus that the debt outstanding to BT is £674. The account number concerning 3 Kempsford Gardens Flat 4 which I hold is another account number which is BT xx7 start date is 15/07.2013. 11. The account number you claim is owed to you is an original account number BT xxx 07. You claim the start date on this account is 19/06/2014. Please explain the discrepancy between these two accounts including ownership of both accounts, and why there are two accounts you allege for the same address with different dates. Alternatively, if you have no explanation: You must cease and desist from collection activity including reporting to the credit bureaus, pre claim letters and any other forms of collection activity with immediate effect. Please write to me confirming that you will take no further action. Failing this I will file a counterclaim and ask the court for costs. Kind Regards      I received the email below last night: "I can see that we also hold the following account details for you:   Account Number Original Client Original Client Reference Current Balance XXX192 Orange xxx321 £285.91 XXX875 BT PLC xxx207 £499.93   I can see that the above BT PLC account is currently on hold, as we are requesting information from BT PLC directly.   1. how long does BT have to respond? the date of Lowell letter was 23rd of Jan. 2. if BT doesn't respond within that time frame, what can I do to get the account removed from the Credit reports? . 3. how can I get Lowell to stop collection if BT doesn't respond? what is also interesting is I have a letter from Lowell for the orange account and also a BT account, but the balance is £199.11 and the account number ends in 192. There are too many account numbers with different balances for the same address. any suggestions how I address this with Lowell?   Lowell writes:   "The period for recovering your Orange account by court action has expired. We will not be issuing court proceedings to enforce payment. However, your debt still exists and legally we are within our rights to continue to ask you for repayment. With this being said, this account does not look to have a payment arrangement set up as of yet. How would you like to proceed with this account going forward? If you can let us know then we can look to assist you further".   If the time has expired to collect a debt from orange, how do they have a right to collect? seems the SOL runs for both. how should I respond?   In the meantime, I have placed your Vodafone and Orange accounts on hold for the next 30 days to give you time to get back to us.   Can you give me some suggestions on how I unravel this and respond? Thank you.  SAR_BT.pdf
    • Hello and welcome to CAG.   Could you tell us what your contract says about overtime please? It will help us to advise you.   HB
    • Hi there,   I've been on a on call rota for some years now which as been a 1 in 3 weeks and been paid a weekly allowance for this service and overtime paid extra should I be called out. My employer now wants to change this to a 1 in 4 weeks which now leaves me out of pocket just for the on call payments a year.   Do I have an argument that i am effectively been force to take a pay cut and that i should be compensaited accordingly ?   thanks in advance for any advise.   Fred.      
    • hi again     the original supplier was AO but was out of warranty with them so hotpoint took it up.    the oven was replaced around January time, with us notifying them we was not happy fairly shortly after delivery.  hotpoint said the exact same model, which was delivered HUD61PS - but is only the same on model number. (Which I think is naughty as they changed a major function)       
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Future-Comms

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I moved to Future Comms in July 2018 I had been with Vodafone for 17 years and never had any problems.

 I regret very much that Jack from Futurecomm set up the call which was a three way call between me Vodafone and him.  When Vodafone were trying to give me a better deal he cut the call as he obviously thought they were talking me back… oh if only!

 

 The only reason I moved to Futurecomm is that they told me I would have exactly the same deal as with Vodafone which was all free texts and all free calls but they would also add free roaming without any charges for calls or text which was great as my son lives in Spain. 

I asked them if there would be any extra charges for certain numbers or texts or calls and he said definitely not.  I asked him to put this onto the contract which is did.  

 I was not informed at any time that on agreeing O2 who is the service provider would take much more than the agreed price from my bank account every month and then Futurecomm would be refunding me the difference. 

 

I would never have agreed to this as it can easily put your bank account into overdraft and incur bank charges.  I also noticed afterwards that I was in a three year contract whereby I had only agreed an 18 month contract. 

 

Once everything was set up I noticed after a couple of months that they were taking huge amounts of money hundreds of pounds and much more than agreed from my bank account. 

 

I called Jack who had sold me the package and said don’t worry this can happen you will be refunded on your next bill.  This was not the case and the money they were taking from my account was increasing. 

I called back and they said Jack has left.  Futurecomm Customer Service were very unhelpful and extremely rude and unprofessional.  One of them telling me to hurry up, cos her friend was waiting outside and she wanted to go home. 

 

Another time a guy very aggressive responded by asking ‘’what are you going on about”, I said pardon me and he repeated ‘’what are you going on about”.  I was being very polite myself.  

 

I then had them asking me to give them my username and password so they could look into my online billing which I thought was very strange. 

 

They then sent me an email with a zip folder containing 2000 pages of billing and told me to look through that!  Next I spoke to O2 and at that point they had taken a total of £450 from my account. 

A week later the whole lot of £450 had been refunded to my account.  Some weeks later the £450 had been taken from my bank again.  Since then I constantly have huge amounts of money taken out of my account on a monthly basis and nothing refunded.  I have written so many complaints to Futurecomm, but no response. 

I write warning reviews on Trustpilot and on Google and just get generic responses saying we will be in touch and they never are.  I have taken to heading my emails ‘’Complaint No. #’’ and am up to no. 7 even thought there are many more than 7.

 

As I had left the name of my company in my reviews another person who had the same problems as me called me and told me that he had gone to CISAS Communication & Internet Services Adjudication Scheme and they had sorted it out for him and he had got out of his contract and he suggested I did the same, so I called them but they said they are no longer dealing with Futurecomm. 

 

I am led to believe that all telecoms companies have to be covered by an independent disputes body but it looks like Futurecomm are not. I have kept a log with dates and times of everything that has happened.

 

I did read one poor very old couple who were living on a small pension and Futurecomm were taking nearly all their pension from them monthly… very sad!

 

I am devastated about this and am looking for anyway someone can help me, or I can help someone else in the same position as me.  Surely, if we all get together, we can do something about this situation collectively.  Thank you for reading all this.  I look forward to hearing from you.

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Hi and welcome to the forum. You notice that I've tried to space out your story a bit to make it easier to read. Large blocks of text very difficult to deal with although I know it's difficult particularly if people are posting from a telephone.

We going to have to ask you quite a lot of questions because your story seems to be pretty unusual.

The typical Future comms story is that they fix up a contract between you and O2 and then they give you a rebate every month – typically about £18 per month. Often they also promised to pay you your termination fee with your previous supplier which might be anything between £80 to £120.

 

So the usual scenario is that people sign up for a three-year contract with O2, pay O2 the monthly subscription and then get cashback from Future comms. The usual scenario seems to be that Future comms generally speaking doesn't seem to pay the cashback so that people can be owed several hundred pounds and in one case I saw a figure of about £1300 on trust pilot.

For some reason rather most people seem to be going along with it and receiving promises which are constantly broken and seem to be tolerating it for a couple of years or more and are simply saying that they won't sign up again but they don't take any other action.

To my knowledge there are about three or four people who have now issued proceedings against future comms. One person who sued for several hundreds of pounds has received £18 and a defence to the rest of it.

It all makes me feel very uncomfortable because a business which works this way could easily be a business which is in trouble and doesn't have good cash flow. We'll see.

Your story seems to be rather unusual because I gather that the money has been taken out of your account by Future comms – not by O2. Is this correct? How are you paying O2 for your service?
If future comms are taking overpayments out of your account on a direct debit then the first thing that occurs to me is that you should invoke the direct debit guarantee which will bring your bank into the equation and that will give you a lot of power.

But first of all, it will be very helpful if we can understand in detail how your arrangement with Future comms works – because it seems to be completely different to anything we have heard of so far.


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Okay I understand that in fact your problem with Future comms is following the usual pattern.

You have entered into a three-year contract with O2 brokered by Future comms. There are two telephones and you are contracted to pay O2 £28 for each one for unlimited texts and unlimited minutes and 6 GB of data.

Future comms have promised to return £28 per month to you – but only for 18 months.

You entered into the contract in July of last year and so far Future comms have paid you nothing at all. Surprise surprise.

By my reckoning this means that they are you £252.

I'm afraid that the only thing I can suggest is to send them a letter of claim – using a recurring letter of claim format so that future comms understand that if you don't have your money within 14 days you will see them and that not only that, every time they break a deadline for paying you the next instalment that you will see them again.

If you are prepared to do this then we can certainly help you and it is very simple – and assuming you win you will get your money back. There is no reason why you shouldn't win although I am troubled bit about the cash flow position of this company and it will be interesting to see what happens when one of the existing actions which have been started moves to enforcement.

If you want to send a letter of claim then you should be sure that you understand what it means to take a legal action in the small claims court. It's very easy and it's pretty well risk-free. Don't imagine that you can send a letter of claim and then not bother. Don't bluff. You only lose credibility.

Here is a link to a post which I made some time ago in relation to a recurring letter of claim – and you might want to consider that in relation to this company because it seems that their whole pattern of business is not to pay their debts.


Let us know what you want to do

 


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