lowell finanacial and a three mobile alleged debt

[sparrow75]

hi everyone im after a bit of advice regarding lowell financial and an alleged debt with three mobile.i have added the first letter lowell sent me (lowell1) dated 23rd nov 2016 and my response (lowell2) which was sent recorded and received 3/12/16 which was basicly a prove it letter.today i got a response from lowell which i have added also (lowell3) pretty much saying they dont have to prove anything at all but adding that no contract may exist as it can be done on the phone/internet or mail order,but telling me what was in my term and conditions which i wouldnt know as they never supplied me with it.but they have accidentally told me in print that the last payment was made on the account 10/09/2010 which means to me they are now knowingly chasing a statue barred debt.what should my next steps be? send a statue barred letter? or tell them to start legal proceedings and let them explain in court why they dont have to prove liability of the debt? any help will be most grateful thanks.ps i have no knowledge of ever have a three mobile phone ever.

[nemesis45]

Re: lowell finanacial and a three mobile alleged debt

Good evening,

One point first the OFT has not existed for some time the Financial Conduct Authority is now responsible for the administration of CCA1974.

Mobile phone accounts are service contracts and as such not regulated.

As to statute barring Lowell will argue ( wrongly in my opinion) that the date the account was defaulted was the start of the relevant 6 year period under the Limitation Act 1980.

Is this debt showing on your credit files? You can check Noddle or Clear Score free online.

nem

[sparrow75]

Re: lowell finanacial and a three mobile alleged debt

hi thanks for the quick nem. i have checked noodle and yes it is on there.but on there date of default is 24/02/2011 not 10/09/2010 that lowell say was the last payment date surely there shouldnt be a 5 month overlap on dates??. what should my next letter say as surely they have to supply some form of proof for this.thanks for your help

[nemesis45]

Re: lowell finanacial and a three mobile alleged debt

hi thanks for the quick nem. i have checked noodle and yes it is on there.but on there date of default is 24/02/2011 not 10/09/2010 that lowell say was the last payment date surely there shouldnt be a 5 month overlap on dates??. what should my next letter say as surely they have to supply some form of proof for this.thanks for your help

The guidance from the Information Commissioners Office is that defaults Should be placed within 6 months of the course of action.

It is always open for you to challenge an assertion from Lowell that the default date starts the relevant 6 year period. The default date scenario arises from and Appeal Court Decision in BMW Finance- v - Hart but this was in regard to an HP agreement not a simple contract such as a mobile service contract.

nem

[sparrow75]

Re: lowell finanacial and a three mobile alleged debt

but surely they have to issue me with some proof there is even a debt in my name.

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or at the very least some form of breakdown of what the charges are for. thanks again for your help.