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Lowells Group problem

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  • Lowells Group problem

    Hello,
    I'm new to Legal Beagles and would like some help if possible.
    My partner was the bill payer for his son's mobile phone with TMobile in 2010 (his son was 16 at the time and had left home and my partner didn't know where he was living, but agreed to pay the bill in order to keep in touch with him. They are no longer in touch with each other so we have no way of communicating with him). In October 2010, my partner noticed over £500 was taken from his account to TMobile. He called Tmobile to ask why such a large amount was taken from his bank account. They said it was call charges his son had made. He asked for the account to be cancelled and we confirmed this by email.

    He had no further communication from TMobile, until January this year (over 3 years later) when he received a letter from Lowells for £1163.53 claiming to be a TMobile bill. Because my partner suffers from anxiety, I took over the complaint on his behalf. This situation is worrying him so much. He sent letters to Lowells and Tmobile to confirm I could act on his behalf.

    I emailed Lowells immediatley to ask for a breakdown of the figure as I don't believe we owed the money after cancelling the contract with TMobile. In April 2014 I received a letter from Lowells with an attachment with TMobile headed paper for £1163.53. There was no breakdown of what it was for, just a total amount (as an aside, if that is the case, how is Lowells making any profit from this debt if the copy of the Tmobile bill they sent is for the exact amount Lowells is asking for - I have my suspicions).
    Lowells told me that if I wanted a breakdown of the account, I had to contact TMobile direct. Which I did, but after many phone calls and emails, (and them implying on more than one occasion that my partner is the account holder as well as the bill payer (because they have the same initial and surname)), they told me that I could not have a breakdown of the account as neither my partner or I were the account holder and couldn't divulge that information under data protection. TMobile told me that if I wanted a further breakdown of the account, I would have to do that through Lowells. I explained the situation to Lowells who said they would request a breakdown of the account. After some time, they sent us another letter, but it was an exact copy of the first letter and a copy of a TMobile bill for a total of £1163.53 - no breakdown of what the bill was for. I went to Citizens Advice who suggested I followed TMobiles complaints procedure before submitting a complaint to CISAS. Which I did, but CISAS rejected our complaint because we are not the account holder (data protection).

    Are we expected to pay a bill that has no explanation (just a random total figure) and after 3 years of no contact from TMobile? TMobile said they would have contacted the account holder regarding the bill which we would know nothing about as we live at a different address. Why didn't TMobile contact the bill payer at a much earlier date? We offered to provide proof that my partner has lived at the same address since 2004 but they didn't take us up on our offer.

    It is very distressing to get a letter from the debt collection agency out of the blue for a bill we thought had been settled in October 2010. Nobody seems to be able to help us. If nobody owns the problem, how are we going to get it resolved. Are we just expected to pay a random amount received out of the blue without question?

    In a nutshell, Lowells is asking us for this amount of money without any explanation of what it is for. We cannot get any information under data protection because we are not the account holder yet they want my partner to cough up the money. Unfortunately, we don't have any contact with the account holder.

    This sort of company doesn't worry me but I don't like the effect it is having on my partner.
    Tags: None

  • #2
    Re: Lowells Group problem

    In my opinion, if your partner is "not the account holder" then he cannot be held responsible for the debt :tinysmile_twink_t2:

    I'm sure you will get other Beagles coming along with advice soon

    Kati x
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

    Comment


    • #3
      Re: Lowells Group problem

      If the son was 16 he could not have had a contract is the OPs partner the contract holder?

      Comment


      • #4
        Re: Lowells Group problem

        A couple of questions.

        What was the responsibility for the account with T-M? Was the account in the son's name but your partner just paying the bills?

        Lowell will have bought the account from T-M for probably less than 10% as a tax loss, so that's how they make their money if some people pay up in full. Its typical for debt collectors to inflate the amounts and they also have headed paper from the banks and so on that they send letters on to make them look official.

        Also, what happened to the £500 balance when you closed the account?

        The way forward really is to get a Subject Access Request from T-M, which obliges them to provide copies of all personal data they hold on you. That will explain everything about the bills and the transfer of the account to Lowells. The problem is you need to be the person to send a SAR.

        Comment


        • #5
          Re: Lowells Group problem

          ....

          Comment


          • #6
            Re: Lowells Group problem

            Originally posted by wales01man View Post
            If the son was 16 he could not have had a contract is the OPs partner the contract holder?
            true ... but the OP says the contract was cancelled in 2010 :tinysmile_grin_t:
            Debt is like any other trap, easy enough to get into, but hard enough to get out of.

            It doesn't matter where your journey begins, so long as you begin it...

            recte agens confido

            ~~~~~

            Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

            I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
            But please include a link to your thread so I know who you are.

            Specialist advice can be sought via our sister site JustBeagle

            Comment


            • #7
              Re: Lowells Group problem

              Thanks wales01man,
              My partner dealt with this over the phone, and he can't remember if he is the contract holder. I'm guessing he must be if his 16 year old can't have a contract.

              Comment


              • #8
                Re: Lowells Group problem

                Thank you Kafka,
                The account was in his sons name and my partner agreed to pay the bills.
                They kept the £500 after closing the account and that's the last we heard from TMobile.

                Comment


                • #9
                  Re: Lowells Group problem

                  Originally posted by kaju View Post
                  Thank you Kafka,
                  The account was in his sons name and my partner agreed to pay the bills.
                  They kept the £500 after closing the account and that's the last we heard from TMobile.
                  Thanks. So basically they took the £500 meaning nothing was owing and you closed the account? in that case Lowell is just trying this on.

                  Do you have proof of closing the account in 2010?

                  In the circumstances your partner can send the SAR as the responsible person. I would do that to T-M and that will give you all you need to know.

                  Comment


                  • #10
                    Re: Lowells Group problem

                    Hi Kafka,
                    Yes, I have the email I sent following the verbal request to close the account.
                    I will get my partner to send the SAR.
                    Thank you for your help.

                    Comment


                    • #11
                      Re: Lowells Group problem

                      SAR to T-M has a template that may need adapting for a phone contract, and you need to pay £10, but it will be worth every penny.

                      I would also write to Lowell to try to forestall them filing a claim, because the SAR allows 40 days for response.
                      No niceties when dealing with Lowell. Just tell them that the account was closed in 2010 and there is no debt so you do not expect to hear from them again.

                      It sounds as if we have them by the plums with this one :Cry:

                      Comment


                      • #12
                        Re: Lowells Group problem

                        Hello Kafka,
                        My partner sent the SAR request and he has received a response from EE. They have asked us to provide a password to validate our identity. We don't have a password as my partner was the bill payer and not the account holder. They are also asking us to provide the address registered on the T-Mobile account. We do not have his son's address as he left home leaving no forwarding address. The account was set up over the phone. Any suggestions? We have no way of getting pass their security measures as we do not have the information they require (I have told them this many times), yet they still want my partner to cough up without any explanation of what the bill is for.
                        Thanks

                        Comment

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