Lowell portfolio1.

[nemesis45]

Re: Lowell portfolio1.

The " settlement" date is when the Account/Debt was sold to the debt purchaser, who now has the right and obligations of the original
"service Contract" i.e. to pursue for payment and report to credit files.

nem

[tickymicky]

Re: Lowell portfolio1.

Got a reply from Lowell today...................They seem to think that I do not need to have signed a contract with 3...What is my next move please?

[nemesis45]

Re: Lowell portfolio1.

Hi,
Mobile phone contracts are " Service Contracts " not agreements regulated by the Consumer Credit Act 1974.
Lowell are wrong in stating that there is no need for an agreement signed or not, there would have been one for the account to have been opened,
As this has arisen as consequence of the phone being returned it seems without formal closing of the account, it is difficult to see where one should take this.

Was it a CCA request you sent Lowell?

nem

[ODC]

Re: Lowell portfolio1.

You could try a simple prove it letter. Make them prove that YOU actually had an agreement with the mobile phone company. Even if a phone contract was taken over the internet there is still a service contract.

By Lowell's twisted logic they could contact anyone and say they have a service contact. There needs to be some paperwork somewhere with your name, bank details, and address on it.

I have used this argument several times and never beeen taken to court.

[tickymicky]

Re: Lowell portfolio1.

Just got this reply from Lowell:-
Thank you for your email.

I can advise that we have received your letter and we sent you a response on 9^th April 2015. I have provided this below for your records.

Dear Mr


Thank you for your recent letter.

We have noted the contents of your letter and can advise this account relates to a Service Agreement and not a Credit Agreement, it is not governed by the provisions of the Consumer Credit Act 1974. Consequently, there is no requirement to complete and sign any such 'agreement' in order to obtain an account of this nature.

Telecommunication accounts can be obtained by telephone, over the internet and by mail order and therefore, we are not obliged to provide you with any such agreement.

In the case of mobile contracts, inserting the SIM card and usage of the equipment is taken as acceptance of the terms and conditions of the contract.

We have however requested copy statements which will show how the above balance accrued, once received we will forward them to you.

We can confirm the balance relates to a Three Mobile account, linked to telephone number 07738673499. The account was opened 30/03/2009 and the last payment received by our client was £27.74 on 05.09.2011.

The current balance consists of an Airtime Debt of £46.98 and an Early Termination Fee of £275.36. We can advise that the Disconnection date was 26.07.2012.

Please be assured we have stopped any further collections activity taking place on the account until the requested statements have been received.

We also note from your letter that you are currently awaiting documentation to support your dispute, to then forward copies to ourselves. Upon receipt of this information we can guarantee that we will fully investigate this matter and correspond when we have reached an outcome.

If you have any further queries in the meantime please do not hesitate to contact us.

We trust this information is satisfactory.

Yours sincerely

James Crabtree
Customer Services Manager

If in the meantime you would like to speak with us, please do not hesitate to contact me.

Kind regards,

Becki
Customer Services Lowell Group

[tickymicky]

Re: Lowell portfolio1.

I have gone through all the documents that I received from 3....Loads of usage for the time I used the mobile phone.However,there are nearly 200 times when the usage was exactly 1 minute.Nothing less,nothing more.Exactly 1 minute.Am I correct in thinking that the minimum usage that would show is 1 minute?.If so, then these 200 X 1 minute usage could be the times when the phone would not get a connection, or disconnected within 1 minute or less?.
Some documents also state that I sent 2 letters to 3 saying I sent the phone back, but 3 say they have no record of sending the phone back.However,3 have not supplied a copy of the original letters that I sent, even though they agree that they have them.I wonder why??
Another document confirms that the phone was declared warped by Carphone Warehouse.Quote "This is a strange type of issue,but from my experience,it's normally attributed to bending or overheating(but no evidence to confirm what caused the warping)" Unquote.My answer is,if they cannot ascertain what caused the fault, then why tell me that I have to pay for a repair??
Another document states Quote "If customer calls, please explain that we'll need to book h/s for repairs" Unquote....Oh,so now they decide they want to repair the phone after all.Obviously this was an internal memo as I never received any communication from 3 regarding them wanting to book the handset for repairs.
Another document states Quote "It was the 2nd time when he was told that the phone is irrepairable/PCB board is warped" Unquote.......Hmmmm,one says the phone is irrepairable, another says they want to book the phone for repairs.
Another document states Quote "He got it back yesterday and was told the PCB board was warped and that the phone was irrepairable/when went to the 3 store was told that there is nothing can be done and need to pay for it, or purchase new handset" Unquote..........So, if it was deemed irrepairable, why did 3 want to book it for repair?.If the fault could not be ascertained how it occurred, why refuse to have it repaired when the fault is unexplainable??
Another document from 3 alleging I owe them money states further down the page, Quote "We will also pass your account to a debt collection agency WHO WILL collect the outstanding balance and any associated costs and legal fees" Unquote.....isn't that a threat/harassment by saying WHO WILL COLLECT?.It sounds to me like they will get the money allegedly owed, by whatever means they want to apply.
Do I contact 3 and ask for copies of the original letters I sent as well as copies of the envelopes they came in.Both were sent recorded delivery,the first having the mobile phone in it, and the cost of postage will be on the envelope??
Where do I go with this with regards to Lowell?.Do I photocopy the documents with information on as stated above, and send them to Lowell, do I contact them and tell them I have loads of documents and discrepancies,or do I just sit and wait for them to reply to me demanding I pay up or go to court??
Oh,and I recall signing a contract of some sort in the 3 store.I haven't had a copy of that from 3, so do I contact them and ask for a copy to be sent with the copies of the 2 letters and envelopes ??

[nemesis45]

Re: Lowell portfolio1.

Hi you would have been handed a copy of the " service contract" at the time you signed up,.

It appears that the bulk of this debt is the " Cancellation " fee charge I expect if you ceased payments during the dispute?

An internal document (if that's what it is saying " the debt will be passed to and agency which will collect the debt cannot be
threatening or harassing you).

If Lowell is " acting o behalf of Lowell make a Formal Complaint to 3 Mobile and address it to their CEO.
A short note to Lowell telling them what you have done.


nem.

[tickymicky]

Re: Lowell portfolio1.

Update:- I have since received 3 letters from Lowell portfolio1 saying that "We are still waiting for statements on your account to be provided to us from 3 mobile.As soon as we receive them we will forward them to you.In the meantime,your account will remain on hold" i guess 3 mobile have not sent copies to Lowell of what they sent me. I haven't acknowledged receipt of the three letters from Lowell.I have just placed them in the drawer with the other communication from them and 3.

[nemesis45]

Re: Lowell portfolio1.

This is the problem with phone accounts there is nothing to compel the
provider to produce a copy of the service contract at this stage.

Once the DQ is received you can then ask the court to order the contract
to be produced.
I have found in the past that mobile phone contracts particularly those
signed in high street stores have been badly completed by poorly trained
staff I think this is often the reason there is reluctance to produce them.

nem

[tickymicky]

Re: Lowell portfolio1.

Got a good result from "Cold Feet Lowell"

[FlamingParrot]

Re: Lowell portfolio1.

Excellent news!!! :cheer2: :cheer2: :cheer2:

Yet again, time to play our official anthem, here's To Lowell With Love. msl: msl: msl:

They are even removing the default! :whoo: :whoo: :whoo: :high5: :high5: :high5:

[nemesis45]

Re: Lowell portfolio1.

Got a good result from "Cold Feet Lowell"

Great Result!!

nem

[tickymicky]

Re: Lowell portfolio1.

I originally used the Misrepresentation Act 1967 and the Sale of Goods Act 2002 against 3 mobile.They never responded, nor did they offer to repair the phone(unless I paid for the repair),which was only 4 or so months old and on contract.They then decided to get debt collectors involved, but they don't scare me.I got rid of all three of them.It wasn't until lowell got involved that I decided i needed some help, so I give a big thank you to all the contributors on here who gave their input.....I was adamant that I was not going to pay for something that I could not access or use.I stood my ground and won.

[beaconsman]

Re: Lowell portfolio1.

Really good thread, having difficulties with Vodafone at the moment, I have sent the vodafone rep a message but no response (typical from vodafone!) They lost £100 of a payment we made in August for July bill, then cut us off! Visa and Lloyds bank side with us, we have a bank statement to prove the monies were collected.

[Vodafone Company Rep]

Re: Lowell portfolio1.

Hi beaconsman,

I've just replied to your message.

Once I've got your email, I'll get back to you as soon as possible.

Kind regards,

Lee

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Vodafone UK