hello:) Lowell portfolio wants £1500!:/

[babysheli]

Hi, I'm having a problem with Lowell portfolio.I recently received a letter(again)from Lowell portfolio asking for over £1500 for a very old debt. They said it's originally from 3mobile, which is strange as I've been.with 3 for the last 4-5 years and the debt is from 2008! I haven't been made aware of any debt with 3 mobile and find it strange that if I did owe them any money, how come theyd let me have yet another contract. Before I had this contract I was always on pay as you go so I ask them for my signature under the contract I apparently had from 2008 and their answer was "our client (3mobile) doesn't have to provide It". So the contract is from March 2008 and first time I was made aware of it and responded to Lowell was 09/2014. I've searched Internet and found out about debts being statue barred if the collector hasn't been able to contact the person for over 6 years. Does that my debt statue barred? What should I do next?
Thanks for help

[nemesis45]

Re: hello Lowell portfolio wants £1500!:/

Hi Welcome to LB,

Can you tell me exactly ( or post a redacted copy) exactly what Lowell's letter says?

It would be unusual for Lowell to be acting for 3 on a debt this old, as they are a debt purchaser.

Statute Barred in England & Wales = No payments or unequivocal written acknowledgments of a debt is 6 clear years.

Any payment to any party or any letter that admits liability for a debt restarts the 6 year clock from the date made.

So much will depend on what has been written in the past.

We need to know>

1. The date the account was opened.
2. The date the account was defaulted and/or
3. The date the last payment was made.
4. The content of the letters you sent to Lowell.

It would be advisable to check credit reference files to see
if the account is registered.

Noddle a free Credit File provider is available online or Equifax and Experian have 30 day free trials.

nem

[babysheli]

Re: hello Lowell portfolio wants £1500!:/

I've only contacted them over email as I didn't want them to have my mobile number and call me. She said the account was opened on 12/03/2008. I responded to the letter they have sent to me on 04/08/2014. I've heard that Lowell is buying off debts for pennies and then charges people ridiculous amounts of money. As I wasn't on any contract before I'm even thinking maybe it was like an identity theft or something like that. The lady didn't say when was the last payment made (if any at all) she only said it's for "airtime usage".

I wrote to them:" Im with Three Mobile at the moment and have been with them for that last 4 years. How's it possible that they'd let me open new contract with them knowing I owe them any sort of money for different contract?and what sort of phone calls I'd had to do to make a bill of over £1500? Why the phone wasn't disconnected when the bill was let's say 200, 300 or even £500? Before the contract that I'm on at the moment I was always on pay as you go and this is first contract that I had taken. I'd like to see my signature under the contract from 2008 as it seems like someone has used my name for it. I'd never let any of my bills to go over the top like that.
Kind regards"

That was my first answer to them.
She answered:" Thanks for your reply.

Please note that it is possible to have more than one contract with a service provider at any time. When opening a new contract they will not necessarily be aware of the history on a previous account, or if you hold another account with them.

This is not a regulated agreement under the Consumer Credit Act 1974, and therefore our client has no obligation to provide a signed agreement under the provisions of the Act.

I have stopped collections activity on the account for 7 days while we wait to hear from you."

[nemesis45]

Re: hello Lowell portfolio wants £1500!:/

Hi,

To be blunt I am surprised that your e-mail received any response at all.

Lowell cannot conceivably have any knowledge of your dealing with 3 mobile all it will have is the detail of the alleged debt.

Lowell are correct in regard to CCA 1974 a mobile contract is a " Service Contract" not a credit agreement.

I suggest you make a Subject Access Request under the Data Protection Act 1998 to Three Mobile requiring it to provide all the personal data they hold regarding you and the account.

There is a £10 statutory fee to pay use a cheque or Postal order> address to the Data Controller at Three Mobile Head office.

They have 40 days to comply.

nem

[babysheli]

Re: hello Lowell portfolio wants £1500!:/

Thx for your help. Should I write to Lowell saying I'm in contact with three? I contacted three last Year asking what's this debt for and they needed my address,which I couldn't remember (its 7 years ago and I've move few times) so he said he couldn't help me.also I've changed bank accounts since which obviously didn't have sort code or account number of the old one.
Is it possible to go to three store and ask them for any information that they hold under my name?
Kind regards
M

[nemesis45]

Re: hello Lowell portfolio wants £1500!:/

Hi, You can make a Subject Access Request under the Data Protection Act 1998 (SAR) this is for all the data " personal" held on you/the account: You ill need the account number and the address though.

There is a £10 statutory fee for the request and 3 has 40 days to comply.


nem