Lowell ( 3 mobile debt )

[Aevans]

Good Morning . Just signed up to this and what I have read so far is very helpful. I have had contact from Lowell over a 3 Mobile bill less than £200 from over 6 years ago. I actually don't believe I owe the money. Am I right in saying that mobiles are not covered by the consumer credit act and therefore Lowell do not have to provide proof of this debt ? Also I think they may have put a default on my credit report within the last 6 years. I havn't phoned Lowell as I would like some advice first. Many thanks for reading this , look forward to hearing a response .

[Amethyst]

They don't have to comply with a s.78 request for a copy of the agreement, but they do still need to evidence the debt they are trying to claim from you.

If you believe the debt is statute barred you can write and tell them, but it also sounds like you may have another dispute with the debt ?

Did you actually have a 3 mobile account ? Do you recall how the account came to an end ?

Is the letter just a 'hello, we've taken over your debt' letter, or is it a 'pay us or we'll take you to court' letter ?

Does anything show on your credit file for the debt ?

[Aevans]

I did have a 3 mobile but it was so long ago, I can only remember cancelling it because I didn't need it anymore. I don't recall owing any money for it. The letter just said that I owe approx £200 to 3 mobile and that's it , apart form the other jargon they put in it. On my credit report the default is in the name of Lowell and recorded date in Nov 2015 !! The actually figure is few pound difference to what they say in the letter. Many thanks for such a speedy reply much appreciated.

[Amethyst]

On your credit file, if you're looking at Noddle, there may be a first marker in Nov 2015 ( as that's when they purchased the debt) but there should also be an original default date, and it should still fall off your credit file on the 6 year anniversary of that date.

As this seems to be early stages I think I'd send a SAR to 3mobile>>Subject Access Request Letter to try find out where this £200 odd has come from, You can use the template or use three's form

You have the right to receive a copy of your personal information that we hold about you, subject to certain exemptions.

You can download the Request for Access to Personal Information form here.

and a letter to Lowell disputing the debt and asking for more information. Something along the lines of....

Dear Lowell
Ref: xxxxxxxxxxxxxxxx
I DO NOT ACKNOWLEDGE ANY DEBT OWED TO YOUR COMPANY

Thank you for your letter dated xx/xx/2019 in relation to an alleged 3 mobile account debt which you appear to have purchased from Hutchison 3G UK Limited in 2015.

Although I have had contracts with 3 mobile in the past I do noo recognise the details you have given in your letter and I am unaware of any sum outstanding on any accounts previously held with 3. The last account I held with 3 mobile ended in 2012 to the best of my knowledge and therefore I am concerned that, should there have been any debt left outstanding, it would now be time barred pursuant to the Limitations Act 1980 section 5.

I would be grateful if you could provide me with further information to enable to check my own records and make enquiries of 3 mobile to try and find out where this sum may have arisen. I have no intention of avoiding payment of any legitimately owed debt however as this is the first I have heard of any sum being due I believe I am entitled to request evidence of the amount that you are claiming.

If you could send me a copy of the original contract and terms, notice of termination or default, and copies of any final bills on the account it would be much appreciated and also if you could put the account on hold until I have had opportunity to assess my position I would be grateful.

I look forward to hearing from you shortly.

Kind regards

AEVANS