Lowell and Three Mobile Debt help pls.

[Guest]

Hi

I've received a letter from Lowell debt collectors with an outstanding debt of £681.97 for three mobile

I've phoned them and asked them to send me the original paperwork with my signature on it they have said they would but they don’t have paperwork with my signature on it they said you don’t have to sign for anything when taking a mobile phone contract out - this was from the year 2011 - where do I stand on this ?

many thanks

[Amethyst]

Hi, Welcome to LegalBeagles

Okay, so there's currently not a court threat from Lowell, although it may turn that way as you are approaching six years from default I believe.

Does anything show on your credit file ? ( you can check credit file at Noddle for free ) - it is likely to be under the name of Lowell - if you defaulted on the account and it was terminated before Feb 2012 then it will already have fallen off the file.

The original contract with Three was taken out in 2011.

Do you know if you can remember how long your contract was for ? ( 12 / 18 / 24 months ) and did it include a handset or just data/airtime ?

It is best to deal with Lowell in writing. When you opened your account with Three you will have signed a contract with terms and conditions - so what they are saying about not having to sign anything is rubbish - however it is likely they meant they won't provide you with a copy of the contract because it's a mobile phone contract and the Consumer Credit Act Part V doesn't apply.... unless there was a handset involved...

So what I think I would do now is...

a) send a CCA request to Lowell with £1 postal order - (CCA Request Letter ) this asks them to provide a copy of any credit agreement.
b) send a Subject Access Request to Three mobile - ( Subject Access Request Letter ) this takes 40 days, costs £10, and might not turn up a lot but SHOULD produce a transaction list and details of the contract to help you with any defence needed later.
c) send a letter to Lowell saying ' prove it '..... something like

Dear Lowell

REFERENCE XXXXXXXXXXXXXXXXX - Original Creditor - THREE Mobile

Thank you for your letter regarding the account with the above reference number, which you claim is owed by myself. I telephoned you on Tuesday and requested a copy of the agreement however it was stated that I wouldn't have signed any contract with Three when opening any account. I find this quite hard to believe and therefore am formally requesting copies of documents so I may consider my position.

I would point out that I have no knowledge of any such debt being owed to either THREE MOBILE or yourselves, Lowell. I therefore request that you provide me with documetary evidence of any such debt and copies of any notice or deed of assignment of any agreement from Three to Lowell.

I require;
a) A copy of the original contract and any credit agreement
b) copies of all terms associated with the contract
c) transaction lists from inception of the account showing how the debt has been calculated/made up.
d) a copy of any default or termination notice

It is my view that no debt is owing, however if there were a debt it would be time barred by virtue of section 5 of the Limitations Act 1980, as I have not had any contact with Three mobile since 2010/2011. Should you believe this not to be the case please provide details of the last payment or acknowlegdment of the debt.

Without more details I am unable to fully consider my position. Once I have copies of documents evidencing your claim I shall endeavour to seek advice from the Citizens Advice Bureau with regards our next steps.

I look forward to hearing from you.

Yours faithfully

xxxxx

or something along those lines anyway...