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Lowell... Again
Lowell are claiming I owe for a three account that I have been disputing for some time. I made a complaint, as when I received the SAR response there wasn't and I still have not been provided with proof that the debt was mine.
This is their response to the complaint. I don't know how to proceed against this company any longer.
This is their response to the complaint. I don't know how to proceed against this company any longer.
Dear Mr *********,
My understanding of your complaint You are unhappy as you have raised a Data Subject Access Request (DSAR) to Lowell regarding your former Three Mobile account (Lowell reference: **********) which has been responded to, but you feel that some documentation is missing. Findings At Lowell we take all complaints seriously and every effort is made to ensure that a thorough investigation is undertaken and the right outcome reached. In order to investigate this complaint, I have reviewed the information that we hold on your accounts. Our records show that we received contact from you which was received on 5 January 2024. Within this letter you advised that you had not received a response to the DSAR which was raised previously. We then responded via letter dated 30 January 2024 which provided an updated copy of the personal information that was previously sent to you on 11 April 2023. When raising a DSAR, the company you have raised this to is obligated to provide you with any information they hold relating to your account. Having reviewed your account, we have provided all the materials and information that we hold in relation to your account. I understand that you have requested some documentation that we do not currently hold, such as the original agreement and the notice of default. Mobile phone service contracts are not regulated agreements under the provisions of the Consumer Credit Act 1974. There is no statutory requirement to sign an agreement in order to obtain an account of this kind. As such, this is not something that we can request from Three Mobile. Also, we are unable to request the notice of default as this is not something that we have access to as per our agreement with Three Mobile. I have requested a statement for the account, which will be provided to you once we have received it. Although we are unable to provide these materials, it may be possible for Three Mobile to provide it. As such, in order to obtain these documents, I would advise that you raise a DSAR with Three Mobile as they should be able to provide them to you if they are still held on their files. Conclusion In summary of the above, I am unable to uphold your complaint. If I have misunderstood your complaint or there is any additional information you would like me to consider, please don’t hesitate to contact me. You can call me on Freephone 0800 542 0058 - we’re open: Mon-Fri: 8am-6pm -telling me your reason and including any evidence which has not already been provided that you think is important to your case. Alternatively, you can e-mail me using complaintsresolution@lowellgroup.co.uk, or write to me at Lowell Financial, PO Box 13079, Harlow, CM20 9TE. The Dispute Resolution Ombudsman also provides a dispute resolution service to assist customers who feel their complaint remains unresolved. You have the right to refer your complaint to the Dispute Resolution Ombudsman, free of charge – but you must do so within 12 months of the date of this email. If you do not refer your complaint in time, the Ombudsman will only be able to consider your complaint in very limited circumstances, for example, if the Ombudsman believes that the delay was as a result of exceptional circumstances. For more information on their services, you can visit their website http://www.disputeresolutionombudsman.org. Please let us know if you would like a copy of the Dispute Resolution Ombudsman leaflet sent out by post. Next Steps Following the closure of your complaint, your account will be placed on hold for 30 days, during which time our normal contact will stop. This will allow you the opportunity to review this response and to contact Lowell to discuss your intentions towards the account moving forward. Please be aware, should we not receive contact prior to the end of this hold period, our norma contact would resume. Yours sincerely Lowell |
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