Three Mobile - County Court Litigation Proceedings

[lilmiss1989]

Hi all,

I have been recommended to register to this website.

I don't have a clue what to do. please please help.

I have received a letter from Bryan Carter Solicitors LLP, advising me the account has now been issued for litigation proceedings in the County Court.

I will give you a break down of what has happened, I agreed a contract with Three Mobile back on the 12/11/08 for a 24 month mobile contract. 6 months into the contract whilst I was paying the bills, the phone went faulty so I went back to the Three mobile store in the Trafford centre and told them that my phone was faulty, we tried the sim card in another phone whilst I was at the store, which still didn't work so they advised that they will request a new sim card and would post it to my home address within 48 hours as it was a Monday when I went to the store. They stated once I get the new sim card it should fix the problem with my phone.

I then contacted Three mobile customer services on the Thursday who had no notes on their system about the replacement SIM card so I lodged a complaint about the store and they advised me to go back to the store with my mobile phone. So I went back to the store on the same day as lodging the complaint to Three mobile over the phone, they told me that even though I had a warranty still on the phone they were unable to repair it, even when the phone didn't show any signs of damage and was still under a 12 month manufactures warranty.

I have contacted Three Mobile from my house phone many times as I was unable to use my mobile phone to make phone calls or text messages.

So why should I have to pay for a phone contract when the service was never provided to me.



So since agreeing the contract on the 12/11/08 and then the phone / sim card stopped working after about 6 months, then the service being restricted on the 23/10/09 because of an outstanding balance of £43.07 to make phone calls even though I was unable to make phone calls or texts in the first place to them cancelling the contract / defaulting it on 06/03/10.

I have a outstanding debt of £260.65 even though the debt on the account back on 12/10/09 was for £43.07.

This debt has been passed to numerous debt recovery companies and having checked my credit on Experian Credit Expert it shows more then 8 defaults which has effected my credit history.

This has now been passed to a County Court with a Total amount of £335.65.

I have received threat letter and all sorts in the past 6 months and Lowell Portfolio 1 Ltd or Lowell Financial Limited, have been unhelpful and rude and now they inform me that it has been passed to Bryan Carter Solicitors LLP.

The fact that this has escalated to this point without anyone being able to show me any notes or complaints back in 2009 is unbelievable.

I hope I haven't bored you to sleep.

Regards
lotte

[nemesis45]

Re: Three Mobile - County Court Litigation Proceedings

Hi lotte welcome to LB,
This has arisen through a very common set of circumstances, an allegedly faulty phone not repaired or replaced and the account not formally cancelled, the fact you were unable to use said phone to cancel will not help in defence of the claim, cancellations if made by phone should be followed by written cancellation and/ written confirmation alone.

I expect the debt has grown to its current level as an early cancellation fee has been added and now court costs are added as well.

As an aside it I most unwise to engage with companies in the debt collection " industry" by phone as anything said or promised is easily denied. ( same goes for phone companies!)

You could attempt to defend this on the grounds that the phone was faulty and not repaired or replaced, but I think Lowell will contend that this is not their problem as the bought the debt without any knowledge of an outstanding complaint or dispute. I would I'm afraid expect a court to take a similar view as you have had ample time to resolve the matter with the phone company, since October 2009 in fact.
It may have been of benefit if there was a "paper trail" of complaints and cancellation due to the failure of the phone and the companies failure to resolve these problems.

The claimant wont have any records of complaints or cancellations such documents are not provided at the point a debt is sold as part of a large portfolio of delinquent accounts.
Clutching at straws a Subject Access Request to the phone provider for all the personal data it hold "might" produce evidence of the complaints and/or cancellation however the recipient of the request has 40 days to respond.

I cannot from the information provided see a defence to the claim.

Sorry if that's not what you hoped to hear, maybe others will have a view on this.

nem

[lilmiss1989]

Re: Three Mobile - County Court Litigation Proceedings

Thanks for the quick reply Nem,

I did inform Three mobile that I wanted to cancel the contract on a couple of occasions but they never sent me notification of the termination via phone or the store. I have also done some digging and found out that Ofcom took action against Three on complaints handling.

Ofcom has fined mobile network Three £250,000 for poor handling of customer complaints.
An investigation found Three didn't handle some customer complaints in a "fair and timely manner", and had closed cases without establishing that they were fully resolved.

http://media.ofcom.org.uk/news/2014/three-action/

http://www.moneysavingexpert.com/new...aints-handling

Regards
Lotte

[nemesis45]

Re: Three Mobile - County Court Litigation Proceedings

Thanks for the quick reply Nem,

I did inform Three mobile that I wanted to cancel the contract on a couple of occasions but they never sent me notification of the termination via phone or the store. I have also done some digging and found out that Ofcom took action against Three on complaints handling.

Ofcom has fined mobile network Three £250,000 for poor handling of customer complaints.
An investigation found Three didn't handle some customer complaints in a "fair and timely manner", and had closed cases without establishing that they were fully resolved.

http://media.ofcom.org.uk/news/2014/three-action/

http://www.moneysavingexpert.com/new...aints-handling

Regards
Lotte

Hi Lotte,
I agree that the handling of complaints is poor to say the least, the fact is Lowell has no knowledge of any dispute or cancellation and cannot unfortunately be held responsible for the actions/inactions of the company it has acquired a debt from.

All I can suggest is a defence on that the account was sold while a complaint was unresolved but proof of this will be key.

nem

[lilmiss1989]

Re: Three Mobile - County Court Litigation Proceedings

Hi Nem,

I was going to send this to them.

Dear Lowell Portfolio 1 Ltd / Lowell Financial Limited,

During a recent review of my Experian credit file, I was extremely concerned to note a total of 8 unauthorised credit searches and defaults by your organisation in the last 12 months at my current address and at my previous address (address deleted). As a company I have no known or acknowledged financial relationship with, I must advise you that I find it completely unacceptable that you would access my personal data with a Credit Agency with this kind of regularity, without my consent.
Research on the Internet would suggest that you are a Debt Collection company.
Please note that I do not acknowledge any outstanding debts to either your organisation, or any organisation you claim to be acting on behalf of.
Given the fact that my credit files with both Experian and Equifax show no outstanding, defaulted debts to any creditors within the last 6 years (the time period for which defaults display, I believe) it must also be concluded that any alleged debt related to these unauthorised credit searches would in any case, have to be more than 6 years old. I would point out that under the Limitation Act 1980 any alleged debt would be statue barred at this point, given I have neither acknowledged any alleged debt, nor have I made any payments in respect of any alleged debt in the last 6 years.
As I intend to make no payments in respect of any alleged debt and furthermore that any alleged debt would be statute barred all actions by your company, affiliates and/or other 3rd parties acting on your behalf should immediately cease - including any further unauthorised access of my personal information. Furthermore, as no payment in respect of any alleged debt will be made I must ask that neither your company, affiliates or any other 3rd parties acting on your behalf should be passed any of my personal data, nor should they contact me by any means for the purpose of requesting any payment.
Please be advised, this letter constitutes a formal request that you immediately cease and desist from:
1. Any further unauthorised attempts to share or access my personal information through any licensed Credit Reference agencies
2. Any further actions or contact in pursuit of payment of any alleged statute barred debts
In the case of statute barred debts the OFT Debt Collection Guidance states that:
“Continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.
Any further unauthorised access or sharing of my personal information – or requests for payment of any alleged statute barred debt will be treated as harassment and a breach of the Data Protection Act and I will seek the strongest legal and regulatory redress.
I trust my position is clear and I await your written confirmation that no further action (including access or sharing of my personal information) will be taken concerning any alleged debt and confirmation that this matter is now closed.

I look forward to your reply.

Yours faithfully

Names

[nemesis45]

Re: Three Mobile - County Court Litigation Proceedings

Hi Nem,

I was going to send this to them.

Dear Lowell Portfolio 1 Ltd / Lowell Financial Limited,

During a recent review of my***** Experian credit file, I was extremely concerned to note a total of 8 unauthorised credit searches and defaults by your organisation *******in the last 12 months at my current address and at my previous address (address deleted). As a company I have no known or acknowledged financial relationship with, I must advise you that I find it completely unacceptable that you would access my personal data with a Credit Agency with this kind of regularity, without my consent******* Consent is given in the original agreement for the " creditor" to share/report the conduct of the account to CRA's
Research on the Internet would suggest that you are a Debt Collection company.
Please note that I do not acknowledge any outstanding debts to either your organisation, or any organisation you claim to be acting on behalf of.
Given the fact that my credit files with both****** Experian and Equifax show no outstanding, defaulted debts ****** Lowell have bought the debt the original creditors entries are removed and the new owner reports on the credit files.o any creditors within the last 6 years (the time period for which defaults display, I believe) it must also be concluded that any alleged debt related to these unauthorised credit searches would in any case, have to be more than 6 years old. I would point out that under the Limitation Act 1980 any alleged debt would be statue barred at this point, given I have neither acknowledged any alleged debt, nor have I made any payments in respect of any alleged debt in the last 6 years.
As I intend to make no payments in respect of any alleged debt and furthermore that any alleged debt would be statute barred all actions by your company, affiliates and/or other 3rd parties acting on your behalf should immediately cease - including any further unauthorised access of my personal information. Furthermore, as no payment in respect of any alleged debt will be made I must ask that neither your company, affiliates or any other 3rd parties acting on your behalf should be passed any of my personal data, nor should they contact me by any means for the purpose of requesting any payment.
Please be advised, this letter constitutes a formal request that you immediately cease and desist from:
1. Any further unauthorised attempts to share or access my personal information through any licensed Credit Reference agencies **** as above authorised in the original agreement*********
2. Any further actions or contact in pursuit of payment of any alleged statute barred debts
In the case of statute barred debts the OFT Debt Collection Guidance states that: ***** OFT ceased to exist 04/2014****** see FCA***
“Continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.
Any further unauthorised access or sharing of my personal information – or requests for payment of any alleged statute barred debt will be treated as harassment and a breach of the Data Protection Act and I will seek the strongest legal and regulatory redress.
I trust my position is clear and I await your written confirmation that no further action (including access or sharing of my personal information) will be taken concerning any alleged debt and confirmation that this matter is now closed.

I look forward to your reply.

Yours faithfully

Names

See highlighted points above:

As for statute barred you quote a date in October 2009 with an outstanding debt of £40+ so I'm afraid the debt is not SB the claim is in time just.

nem

[lilmiss1989]

Re: Three Mobile - County Court Litigation Proceedings

Hi Nem,

Shall I forget about the letter and save on the post.

Shall I pay the debt and seek some monies from Three Mobile for the faults that have occurred on the account?

Regards
Lotte

[nemesis45]

Re: Three Mobile - County Court Litigation Proceedings

Hi Nem,

Shall I forget about the letter and save on the post.

Shall I pay the debt and seek some monies from Three Mobile for the faults that have occurred on the account?

Regards
Lotte

It's a tough one Lotte between the unresolved complaint - cancellation.

I wish I could advise a way out but I can't see one.

nem

[lilmiss1989]

Re: Three Mobile - County Court Litigation Proceedings

Hi Nem,

I hope you are well.

Since our last conversation I have received a letter headed letter from 3Mobile, saying that they have requested to recall the debt back from Lowell as it was sold to them. Also I sent in a letter to defend all the claim against me and since then. The solicitors for Lowell (Bryan Carter Solicitors LLP) Have tried to resolve this without it going to court so they have said if I pay £167 + the Tomlin order of £50 then they will not pursue the court summons as aparently the clients still want to proceed.
Regards in advance
Lotte

[judgemental24]

Re: Three Mobile - County Court Litigation Proceedings

If three have recalled the debt (To be confirmed) then how can Llowell cary on procedings in their name as they are no longer the owners of the debt??

I very much doubt 3 will want to proceded if they have asked to recall the debt.

You mention "Clients"?

Have you actually confirmed Llowels actually own this debt??

Who are the claimants on the summons, Lowell or 3?

I would send a copy of that letter from 3 to Bryan Carter asking them to formally withdraw the claim or you will have no choice to be seek to add it to your defence.

Carter does not do compromise agreements and normally folds as soon as a defence has been submitted

[lilmiss1989]

Re: Three Mobile - County Court Litigation Proceedings

Hi,
The letter from 3Mobile said that they attempted to recall the debt but as it has been so long and passed to a few debt recovery companies they have failed to recall it back as they have lost authority to do so.
This says to me that they should never have passed this account on or sell the debt.

Lowell are the clients for Bryan Carter when it comes to court summons apparently.

I have requested a copy of my original contract from 3Mobile data request team 3G Hutchinson services which cost me £10 and they never sent me the copy of the contract but all I have is notes which don't show when I contacted them to cancel my contract or raise complaints about my phone being faulty and not working. I only have 1 verbal recording when I rang up a month ago complaining but nothing else with previous conversations only the notes when they contacted me to set up direct debit details when my bank account changed. I never had any terms or conditions when I signed up well not that I can remember.

Also I found out that OFCOM fined 3mobile last year for failing to add notes on customers accounts and didn't advise the customer on how to deal with issues or complaints and were fined £250,000 I think.

Regards
Lotte

[judgemental24]

Re: Three Mobile - County Court Litigation Proceedings

Might i ask what is your credit file is like besides this default from Lowell and when was the default registered

[lilmiss1989]

Re: Three Mobile - County Court Litigation Proceedings

Hi,

Its good a score of 923 out of 999 just defaults from Lowell from 06/03/10.

Can I ask why you say that? As it was rubbish but my boyfriend has helped me out in the past year.

Regards
Lotte

[judgemental24]

Re: Three Mobile - County Court Litigation Proceedings

Credit scores mean nothing. It is a marketing ploy by the credit agencies to con money out of you.
Each financial institution will have their own internal credit scoring process as to individual risk.

I will be blunt so please do not take offence

You never continued your dispute with 3 to the end of their complaints procedure. You never received a final response or appealed to the Financial ombudsman service. You also have zero paper trail. You are in breach of the agreement when you stopped payment. You are still under contract until the Financial Ombudsman give their decision if deadlock is reached with 3.

As you only have 6 months left before this default drops off, a CCJ will screw your credit standing into the ground for the next 6 years.

Strike me down for saying this but in your position you really do need to consider the Tomlin Order. £330 repaid over 12 months is only £6.00 a week

I am asking you to consider the alternatives, nothing more

[lilmiss1989]

Re: Three Mobile - County Court Litigation Proceedings

I agree I have never had a credit card or loan so with regards to my credit rating I don't understand I just know that they said if a payment is missed if I was to set up a payment plan I will get a instant CCJ.
Which will effect things to come with regards to a mortgage or loan.
So I have no come back then unless I choose to hold out for the small claims mediation service.
cheers
Lotte