Lowell chasing a T mobile bill - not even sure if it's mine ???

[woolny]

Morning all,

 

Title says it all really - received a letter this morning from Lowell chasing above for £152. Not alot of money compared to some of the credit card bills i've settled with them.

 

But I don't want to pay if it's not mine.

Theres nothing appearing on my experian report for this bill.

 

Whats the process here ?

Do I CCA them ?

Is there something else I should ask them ?

 

All advice greatly appreciated.

[marson_123]

Hi

Yes CCA request straight away send it recorded delivery.

Im dealing with them at the moment for a capital one c/card they are an absolute knightmare keep an eye on your credit report because they will probably put something on it. They have on mine ive now got a default from them and am having to argue it out with equifax to get it removed.

This DCA seem to act above the law all the time search the threads for Lowell and there are loads of posts about them.

Hope this helps

[woolny]

Marson,

 

Many thanks will CCA them tomorrow.

Can they put something on my credit report ? - i'm thinkinging this is a really old debt and has dropped off cos it's over 6 years old ?.... can they put it back on ?

 

For what it's worth I arranged F&F settlements with Lowell (Before I discovered this site !) and they settled for less than 25p in the pound on £6000 worth of debt... so however bad they are, they are flexible on F&F settlements if you push them.

[kennyparkroad]

if its over 6 years old and its been 6 years since you paid anything to it or acknowledged it then its statute barred and they cant get any money anyway!

 

when was the last time you paid anything to Tmobile RE this bill?

 

or acknowledged the debt?

 

if your 100% sure its over 6 years then send them the statute barred letter if not then send them the CCA.

[woolny]

I CCA'd them because I couldnt remeber if it was over 6 years old.

 

Got a letter back today saying:-

"The agreement which you seek is not regulated by a consumer credit agreement & is not governed by the above act. Our client there fore has no obligation to supply the information requested by you"

 

Whats my next step - it's not a huge amount of money, but it's becoming very personal with these DCA's

[elliesnan]

as l recall from reading another thread that is a load of b***s but lm sure someone more knowledgeable will come along and clarify the position personally l would just let the 12 days pass and then the month let them dig their own hole!

[woolny]

Elliesnan - thanks for your reply.

 

Could anyone else clarify if this is true & i should just wait ?

[kennyparkroad]

Mobile contracts dont fall under the CCA, but theres got to be something you can do

 

anyone?

[MattyH]

I'd SAR them, get ALL the information they hold on you, this will give you 40 days to consider your options, they technically can't chase the debt whilst it's in dispute.

 

Hope this helps.

 

Matt

[woolny]

Not heard anymore from them at moment - but i've got a sneaky feeling they will be in touch soon....

 

Can anyone else who's dealt with old mobile bills - shed any light on this please.

 

Surely if it's not on my credit report - it's either not mine, or over 6 years old ?

[elliesnan]

l have just posted on another thread the question that surely they must have to produce some sort of paperwork to prove that they are entitled to collect an alledged debt?

[woolny]

Just had another chaser in giving me 7 days to pay or else they will proceed with legal action (for £137 !).

 

Part of me thinks sod it just cut a deal & put it to bed - but I don't even know if it's my debt !!

 

Can anyone shed any light on what I should do ?

[elliesnan]

then let them prove it l wouldn't pay anything l'm sure others will give advice about this

[LAN01]

Hi Woolny

 

I am having a similar problem with red debt collection services for a T-mobile account. I have just written another letter to them informing them that I do not acknowledge the debt and that they must provide me with proof that I owe this debt. I also stated that to my knowledge I have never entered into any sort of contract with any mobile service provider.

 

Red also sent me a postcard claiming that they had visited whilst I was out and I was to call them urgently. There was no company details just a telephone number and a reference number (which just happens to be the same reference number on their letters). So I have added in my letter that they are in breach of the OFT guidelines by failing to provide company details and trying to mislead me by suggesting that a home visit had taken place.

 

Just waiting to see what they send back. As far as I am concerned it is down to them to prove this debt is mine, not me to prove it isn't.

 

Lan

[woolny]

Lan01 - I've decided to do the same - just waiting.....

Have still heard nothing further from them.

[LAN01]

Hi woolney

 

I got a reply back last week saying that they were contacting T-mobile for copies of statements and they will contact me at a later date. Just waiting to see what they can produce.

 

Lan

[powelll]

You may find the following letter useful as well if you decide to dispute it ie they can't produce evidence it's your debt:

 

(Your home address)

_________________

_________________

Date: ____________

To: ______________

__________________

Dear Sir/Madam

Account no:

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I/we look forward to your reply.

Yours faithfully

(Your signature)

[woolny]

Have now had a letter from HAMPTONS LEGAL dated 25th May (only received today) - giving me 7 days to pay or they "MAY" proceed with County Court action...

 

They have asked me to contact them but there phone number is not on paperwork !

 

Should I be concerned about county court if they can't even prove the debt yet ? - am I right in thinking that if it does go to County court I could always pay it to avoid a judgement ?

 

Need soem advice whether to sit tight or contact them etc,

[kennyparkroad]

if youve requested the CCA and they havent provided it you could petition any court to stop hamptons actions as non compliance with CCA is a full defence.

 

if you want - send them this letter.

 

 

 

 

 

Thank you for your letter of xxxx the contents of which are noted.

 

To date however, you have failed to comply with my legal request for a properly executed Consumer Credit Agreement (Consumer Credit Act, 1974).

 

Since your failure to comply with this request represents a complete defence in any court claim that may be issued at this time, please take note that any action that you decide to take will be vigorously defended.

Please find copies of all my correspondence for ease of reference (best to include)

 

Yours sincerely,

[mark19mc]

Hi

 

I had the problem of getting a letter from Lowell about a T-Mobile account from September 2002 for £485. I CCA'd lowell and got the same reply (I rang trading standards and asked if they would have to provide a credit agreement and they said not all mobile phone contracts are covered). I wasn't sure this was even my bill, I explained that to Lowell who took no notice. So I rang t-mobile customer service and explained to them. Because I was unsure if it was my bill they asked me to do a disclaimer over the phone and said they would then pass it onto the fraud department for investigtion. I was told it would take 10 days (this was mid april).

 

I was told while this happened I would get no letters from Lowell. I still got letters from Lowell and eventually Red Debt, so I emailed Lowell after getting nowhere on the phone and told them in the nicest possible way to buzz off. A few days later I got another letter from Lowell saying they were investigating my complaint. That was it...... Until yesterday. I got a letter from t-mobile, at last, explaining that they were extremely sorry about the letters I had been receiving and the account was now cancelled because they believe it was set up Fraudulantly.

 

So my advice would be not to contact Lowell, they are useless, go straight to t-mobile and sort it that way, the worst that can happen is they decide it is your account and they will provide you with proof of that, or of course, they may not be able to prove it and you can use the lowell letters as bog roll!

[kennyparkroad]

make sure you keep that letter from T MOBILE!

[mark19mc]

make sure you keep that letter from T MOBILE!

 

Oh yeah, theres no way I'm losing that!