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Lowell BT Telecom account in default reported on credit report


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I am new to this site but it is exactly what the Dr. ordered. Brilliant self help. 

 

Lowell is reporting a default in the amount of £674.00 for a Telecoms supplier.

It gives an address that I lived at until

  • Moved in June 2014  out Dec 2014.
  • Account start date was 15/07/2013
  • Default 10/12/2015
  • This date not possible because I did not live at or have a land line in December of 2015.
  •  

Lowell is reporting account as of April 2016.

nothing from the telecoms supplier on the report.

 

I do not have any documents cornering this account.

I need to get docs to challenge the credit report.

 

what are the steps I should take?  

have read other posts about SAR.

should I ask  BT to provide me with a SAR first.

 

Also interesting twist to credit reporting, I have been reading GDPR on credit collectors.

I have not seen any comments on using this as a tool/argument to dispute credit reporting.

This would be correct since the originator of the data is NOT Lowell. 

 

Any one tried this angle?

any advice is appreciated.

 

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Hi and Welcome to CAG

 

I have moved your thread to the correct forum ...please continue to post here.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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If you want advice on your Topic please PM me a link to your thread

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a debt buyer cant register nor change the default date issued by the original creditor when or before they sold the debt.

 

so your target would be BT.

 

but its weird they've done so some 12mts after you left the property though.

unless Lowell have fudged it which not unheard of

eitherway

you dont owe the money. [till end of contract monthly sums] Ofcom are clear on this .

 

yep sar BT 1st lets see what gives

 

 

 

 

 

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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  • 2 months later...
  • 3 months later...

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

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why did you enter into pointless letter tennis?

have you had a letter of claim or a court claimform?

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 debt was already defaulted by BT when they sold it on

Lowell cant change that nor are they harming your rating any further by continually reporting to it.

 

its on your file till the defaults 6th birthday, then it will vanish paid or not.

doesn't mean the debt is not still owed mind.

but that's down to Lowell to chance issue a letter of claim and then p'haps a court claim.

until then - ignore them..though neither of the above should you ignore

 

until then

no good you firing all your bullets as you have, as they'll know what your defence is.

we've not lost a Lowell telecom claim for ages now and they normally discontinue when fronted out.

 

your pointless letter tennis simply makes them think one more letter will scare you into paying.

 

 

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 debt was already defaulted by BT when they sold it on

Lowell cant change that nor are they harming your rating any further by continually reporting to it.

Incorrect, its a defaulted acct effects credit score.  

 

I cannot ignore the credit reports.

 

please answer my question.

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 timely.

 

1. Can you explain the implications of the response and the SAR as far as Lowell being able to collect the debt?

thank you. 

 

Not going to pay, not scared either. If they canot prove debt the report comes off 

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5 minutes ago, Escaped said:

Incorrect, its a defaulted acct effects credit score.  - correct by the OC upon sale, Lowell simply updating doesn't harm the score anymore

 

I cannot ignore the credit reports. - why not?

 

please answer my question.

1. how long does BT have to respond? the date of Lowell letter was 23rd of Jan. - respond to what? ..your SAR = 30days.

 

2. if BT doesn't respond within that time frame, what can I do to get the account removed from the Credit reports? .- you can't 

 

3. how can I get Lowell to stop collection if BT doesn't respond timely.- you don't have too

 

1. Can you explain the implications of the response and the  SAR as far as Lowell being able to collect the debt? - they can ask or issue PAPLOC/courtclaim.

 

thank you. 

 

Not going to pay, not scared either. If they canot prove debt the report comes off

 

not surewhat sites you are reading, but you debt theories are woefully incorrect.

 

being unable to prove a debt doesn't mean its removal, only the OC can do that, and as you owed money, they defaulted you and quite correctly so.

anything after that date on your file has no effect on it.

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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You misunderstood

how long does bt have to produce the requested d ocs here? 

 

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

If no response within statutory time,  what can i do to get lowell remove credit report?

Can you explain the implications of the response and the  SAR as far as Lowell being able to collect the debt? - they can ask or issue PAPLOC/courtclaim. 

I attached the sar is this enuf info to prove lowell has any legal rights?

 

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Well what do you expect

they are a fleecing dca and should have been ignored from day 1

No-one said engage with them. 

 

Your target is/was bt.

They dont have to provide anything ...there must be some sort of debt to them. If that sum is incorrect so what?

 

Just because they cant provide paperwork doesnt mean the entry should be removed.

 

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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  • 10 months later...

We have the right to contact you about the debt we hold which is as follows, however we can remove this email from our system again if you wish:

 

Account Number

Original Client

Original Client Reference

Current Balance

xxxxx1368

Vodafone

xxxxx4850

£674.76

 

The Limitation Act and your account

We’ve noted your comments, however, Vodafone account ...... is not statute barred under the Limitation Act 1980.

 

This is because the full balance became due after you defaulted on the original agreement.

According to Vodafone, the Default Date was 10/12/2015 and the debt remains enforceable for 6 years after this date.

 

This account had an agreement start date of 15/07/2013 and was disconnected on 06/09/15.

It relates to phone number xxxxx08279.

The last payment on this account was made for £108.85 on 13/04/2015 before a default was applied on 10/12/2015 for the balance of £674.76. 

 

this account and telephone number is not mine.

I provided Lowell with evidence that at the time of the default, i was living in another country. 

 

The debt is comprised of an Early Termination Fee of £206.96 and had an Airtime Debt Value of £467.80. how do i dispute this? 

 

Airtime debt is made up of any usage and your monthly payments until the account was disconnected.

Early Termination Fees are charged as your account was closed prior to your contract expiry date as specified in the Terms and Conditions of the contract, as such you become liable to pay the full cost of the remaining line rental.

Does this help you to recognise the account? NO

 

Please be advised that we are unable to supply you with a copy of the deed of assignment as this account was purchased as part of a bulk of accounts and therefore the assignment will hold personal data in relation to our other customers.

Lowell are not legally obliged to provide this information.

 

Ok if this is the case, then how can they collect the debt. what do i need to ask for to dispute? 

 

The deed of assignment is an agreement entered into between the original owners of the accounts and Lowell Portfolio I Ltd.

The deed of assignment does not contain any specific details relating to individual customers whose debts are being purchased.

This contract is therefore not part of the information which you are entitled to.

 

A copy of the notice of assignment is attached to this email. i have included this in my post. 

 

I have requested a copy of a statement from Vodafone which may come in the form of a final bill. The account is on hold until the document can be provided.

 

Lowell are not applying any charges or interest to the balance.

 

Lowell is not obliged to provide an agreement for this account as telecommunications contracts (landline, mobile and broadband) are a service agreement and not a credit agreement, as defined by the Consumer Credit Act 1974. As this is not a regulated agreement under the Consumer Credit Act, there is no obligation to provide a copy signed agreement.

 

For telecommunications contracts, usage of the equipment is taken as acceptance of the terms and conditions of the contract. Telecommunications accounts can be obtained by telephone, online and by mail order, this means that a signed agreement may never have existed, so we wouldn’t look to request one from the original creditor.

 

There’s no obligation for Lowell to issue a new default notice, default warning letter or provide copies of the original default notice, suspension or termination notices issued by any original companies. i was asking for the original default letter and other supporting documents from them. if they cannot provide, surely they will stop collecting, Right? 

 

For further information relating to charges and payments made to Vodafone, you would need to submit a Data Subject Access Request direct to Vodafone. so should i send a SAR to Vodafone? 

 

Data Subject Access Request

If there’s some particular information you need, or you have a specific question about your account, let us know – we’re here to help and will contact Vodafone on your behalf.

 

However, if you want a copy of all the information Vodafone hold for the account, you would need to submit a data subject access request to Vodafone, in accordance with data protection legislation.

 

We also have details of the following accounts:

notice of assignment.pdf

how do i respond to this please? 

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so this debt is now a vodafone one?

 

Lowell Telecom account in default reported on credit report - Telecoms - mobile or fixed - Consumer Action Group

 

you were told before to stop pointless letter tennis 

 

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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Share on other sites

ignore them until/unless you get a letter of claim.

so why did you tell us last time this was a BT debt ?

 

but the same advice applies as in that other thread..

a telecom provider can't issue a default notice so that date is pretty much immaterial.

its already defaulted so your file can't be harmed anymore.

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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Share on other sites

Because they wrote to me last time and told me  I also had a BT debt. its now time barred. seems this is a new one. Its not my account. so i cannot ignore it. i need to ask them to prove its my account. in this case, since its not, i need your help yo ask for proof. thanks

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Send an SAR now. There is nothing to lose

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why is it the same £value as the old supposed BT one..exactly the same!

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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Hello

i cacluated the VF debt as follows:

£467 + ET fee £206.= £673.

old BT debt is £499.+ 119.= £619.

which part of the£value is the same?

what am i missing here?

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3 hours ago, Escaped said:

The last payment on this account was made for £108.85 on 13/04/2015 before a default was applied on 10/12/2015 for the balance of £674.76. 

Lowell stated the above

thats exactly the same as the bt thread

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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Share on other sites

Show that I was residing at  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. 

 

i assume this is what you are referring to ?

this is posted under my BT query on CAG. 

if yes you are right.

they reported the BT debt as the same amount, Bait and switch.

 

what should i do about this?

i just sent a SAR request to Vodafone

 

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ignore them until unless they send a letter of claim with a reply pack.

stop contacting powerless dca's inviting pointless letter tennis.

back billing does not apply to telecom debts

 

 

 

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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