Little help with a alleged debt with Lowell and Vodafone

[Vodafone Company Rep]

Hi stormy121,

Quoting the code WRT135 in the subject line ensures the email arrives in the correct inbox.

There's nothing compelling you to email me. However, I'm happy to look into the concerns you've raised if you do want to get in touch.

Kind regards,

Lee

Vodafone Social Media

[stormy121]

Thanks for your support Lee but like i said id rather not be linked to my online name by anyone,

Following on from this and further to doing my own research there is alot that doesnt add up, for arguments sake the amount that lowell state i owe is different on my credit report to the paperwork they are sending me, along with this...

Only one of the accounts has statements, i dont find this as "proof" enough so with regards to that im fighting this as i will not be held responsible to said debts that are not my own.

Anyone have any suggestions moving forward? what sort of questions am i asking etc, im getting a SAR request sent of to both lowell and vodafone to try and narrow these debts down abit.

[slainte caragh]

the easiest way to my mind is contact Vodafone for the original debt, they will need to ID you first but that's normal. they may advise you to go to Lowell, but tell them you just want the figures and they should be able to tell you.
Differences in costs may be Lowell's outrageous "costs" for finding you.
You need to know,
contract dates,
disconnection dates
why was the account disconnected.
What type of contract it was, Lee Vodafone Company Rep will correct me if I am wrong but I believe that VF don't have contracts with CCAs, so not being supplied with one does not prove the debt is not yours.
Ask for proof that no notice of disconnection was given (VITAL if you are going for a t&cs defence) or that termination fees were applicable.
If you get what I think you will get it will look kinda like this

Mobile number:07123456789
Name: Stormy
Address: ----

1/1/1
Cust called to disx, adv of xxx notice, cust has given no term fees appl. disc set for xxxxx

this is a good thing!!

If you get something like this, and want the jargon translated, please obscure any identifying information and post up. I will have a look and do my best. I am not being nosy, I just need to see it to translate.

[stormy121]

the easiest way to my mind is contact Vodafone for the original debt, they will need to ID you first but that's normal. they may advise you to go to Lowell, but tell them you just want the figures and they should be able to tell you.
Differences in costs may be Lowell's outrageous "costs" for finding you.
You need to know,
contract dates,
disconnection dates
why was the account disconnected.
What type of contract it was, Lee Vodafone Company Rep will correct me if I am wrong but I believe that VF don't have contracts with CCAs, so not being supplied with one does not prove the debt is not yours.
Ask for proof that no notice of disconnection was given (VITAL if you are going for a t&cs defence) or that termination fees were applicable.
If you get what I think you will get it will look kinda like this

Mobile number:07123456789
Name: Stormy
Address: ----

1/1/1
Cust called to disx, adv of xxx notice, cust has given no term fees appl. disc set for xxxxx

this is a good thing!!

If you get something like this, and want the jargon translated, please obscure any identifying information and post up. I will have a look and do my best. I am not being nosy, I just need to see it to translate.

proof that no notice of disconnection was given? what is this ive not heard of it, obviously i never read any T&Cs due to not getting the contract with them, ive sent a SAR request but having included contract dates and disconnection dates, should i resend and ask for this info?

[slainte caragh]

most contracts will require a 30 day notice to disconnect, or they will not end the contract and you will be liable for charges.
wait till you receive the SAR first as this might show this, and might show who and where the contract was taken

[Vodafone Company Rep]

Thanks for your support Lee but like i said id rather not be linked to my online name by anyone,

You're welcome stormy121, I respect your right to remain anonymous.

If you change your mind, you know how to reach me.

Slainte caragh is correct, our agreements aren't regulated under the Consumer Credit Act (CCA).

If you'd like to submit an updated SAR, you can do so online here.

Kind regards,

Lee

Vodafone Social Media

[stormy121]

most contracts will require a 30 day notice to disconnect, or they will not end the contract and you will be liable for charges.
wait till you receive the SAR first as this might show this, and might show who and where the contract was taken

So what happens if this comes back with no oen cancelling the contract etc? Just a thought, and what about the other 2 they are trying to chase that literaly have no data/mins etc being used o.O how on earth do people like myself defend against such issues or am i missing something lol

[slainte caragh]

if you can prove that the contract was taken without your knowledge, you might be able to get this quashed.

On the whole, if you were to take out a contract are given a list of T&C either verbally if over the phone or written if taken in store. The big one is "you will be required to provide 30 days notice to cancel the contract, regardless of contract length or expiry. Any disconnection before the end of the contract will result in termination charges and any disconnection due to lack of payment will be liable for termination charges"
(wouldn't say I had to say that a few times )

regardless of where the contract was taken, there will be a record of who took this out and when.. and where,.

For example

1/1/1

***TELEPHONE ORDER***
MR JONES CALLED TO ORDER A SKY BLUE PINK WITH YELLOW DOTS IPHONE XXXMINS XXXTXTS NO DATA AND A BIG SILLY HAT WITH FEATHERS ON IT AB123 TEAM LEADER THE BOSS LOCATION NEXT DOOR TO THE GUY DOWN THE RD.

*** RETAILER ORDER***
SEE ABOVE

***RENEWAL***
SEE ABOVE

once the SAR comes I will happily look over the notes and see what I can find out.

[stormy121]

Thought i should update abit, So i sent of a SAR request to Vodafone.....ive actually had no reply from them at all, ive had a back and forth argument with a "Sarah Sargent" from lowel as ive basically said that statements alone are not enough "evidence" to prove this debt even exists, especially photocopies as i want to see original documents....Whats your thoughts on this? what should i do regarding the SAR request??

[R0b]

Has it been 30 days since you first made your request? If so then you might want to file a complaint to the Information Commissioner's Office (see link below). You have the right to make a complaint but also notwithstanding the fact you have made a complaint to the ICO, you still have the right to issue a court application asking for the Court to make an order to disclose your personal data - It would cost you to do that so maybe the first instance you should complain to the ICO but can always keep that in your back pocket should you need to.

https://ico.org.uk/make-a-complaint/...ncerns-report/

[Vodafone Company Rep]

Hi stormy121,

It's strange you've not received a reply to your SAR.

To chase this up, I'd recommend completing the form below.

Kind regards,

Lee

Vodafone Social Media

[stormy121]

Hi stormy121,

It's strange you've not received a reply to your SAR.

To chase this up, I'd recommend completing the form below.

Kind regards,

Lee

Vodafone Social Media

Thats great but, i dont have an account etc so have none of the information regarding it...see my dilemma? the statements i did get mean nowt to me and are a shoddy mess of 3 maybe 4? cannot remember now numbers, only one thats actually been used mind. im still waiting on Lowell to explain that one!

[Amethyst]

What is the current situation with Lowell asking you to pay these debts? Are they insisting you pay and threatening legal action ?

Have you heard anything back from mobilefonesdirect on the SAR you sent to them ?

Both should be able to respond to your SAR without a specific account but on your name and address details.

The Vodafone form does say ''

If you've never been a Vodafone customer, please leave it blank.'' so you can do that. Ask for agreements, letters, transactions, screen notes and any communications with third parties about you.

Another way to find a bit more out is to put a SAR in to Lowell, although that may just bring up the info they have already sent you, it might get more detail particularly regarding the assignment from Vodafone originally.

Also, re the Vodafone SAR you could make a complaint to the ICO about their non response.

[stormy121]

So thought i would upload this an ask what peoples thoughts are, now the problem here is ive not made a payment, i can even go through my bank and see ive not made a payment so can certainly prove that...plus the address is NOT my address but an old one...so thoughts?

[Amethyst]

What did you send to them ? That seems like a response to a FMOTL type letter threatening to charge them for your time/letters etc.

Did you ever get anywhere with Vodafone or just fell at the first hurdle ( identity ) because, simply, the account isn't yours?

The address, is it the address you were living at the time they say this account was first opened ? or does it seem someone who moved in after you ( or had access to the property ) took out a new account in your name after you left.

The statements they have sent you, do they include calls or SMS's etc at all ? or is it literally just transactions ( bills v payments etc ) ?