Lowell Portfolio v Bigsis - Help Please

[Bigsis]

I have a new problem.

My son got a letter from 3 dated 22/3/11 claiming he owes £131.81 for an account started on 14/10/07. If not paid within 20 days will be passed onto Lowell Portfolio 1 Ltd. My son knows nothing about this debt and has had no previous letters from them. After reading through Curleybens site sent "I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY" letter to 3 on 4/4/11.

Received letter from 3 dated 11/4/11 stating they have sold debt to Lowell, in the same envelope letter from Lowell dated 11/4/11 confirming 3 sold the debt to them on 4/3/11(?) and if not paid within 5 days will be passed to Red Debt. Also enclosed is a Statement of Account which makes no sense at all.

Could you advise on next course of action. Do we send a SAR to 3 and what letter should we send to Lowell.

Many thanks

[Bigsis]

Lowell/3 mobile

Hi

Could someone assist in moving my previous post of the 27/4/11 to new thread for DCA advise.

Update: Have now had 2 letters from Red, 26/4/11 saying account passed to them & 12/5/11 saying if no payment in 7 days will pass to Hamptons Legal. I sent SAR & £10 to 3 mobile on 18/5/11.

Hutchison 3G in Glasgow replied yesterday (not the Data Controller at 3 Maidenhead who I wrote to) saying they were unable to access any information without an account number and to contact customer services. I rang today and asked why they could not find the info from the name and address. She found details of an old contract from 2008 which was cancelled and paid up in full.
Gave them the account number provided by Lowells and it brought up an address which my son has never lived at and she said it had an outstanding debt of £64.46. I asked for a copy of the service agreement to see who had signed and what bank details had been given. I was told I would have to contact the 3 shop where the contract was taken out from, I said how would I know that? She told me where and so I contacted them, only to be told they send them to 3 head office!

Could you advise, do I write again to 3 Data Controller with the account number and see what happens or do I need to write to Red for a copy of Service agreement. I have made no contact with Lowell/Red at all. If 3 have sold the debt to Lowell how can the account still be showing outstanding? I'm a bit confused.

[mr.ton]

Re: Lowell Portfolio v Bigsis - Help Please

Hi Bigsis...
Lowell/Red/Hampton are the same company...they just like to play pass the parcel amongst each other.
3 & Lowells were featured on Watchdog a few months ago - not too sure were the authorities are upto with investigating them all??
Stay off the phone to 3 or Lowells and refuse to answer security questions if they ring you.
Lowells wont go anywhere near a court as its not in their financial best interests to do so.
Report these clowns to the OFT & trading standards (and Watchdog again..lol) if they refuse to get lost.

[Bigsis]

Re: Lowell Portfolio v Bigsis - Help Please

Hi Mr Ton, thanks for your advise.

I've sent one of Curleyben's 'Account in dispute' push-off letters to Lowells and a letter to 3 telling them if they don't know the account number, how should I and perhaps they should liaise with Head of Credit & Collections who allege this debt.

I'll not be making any further calls to 3, everything in writing and if they don't stop sending sms text I'll report them for harrassment and the OFT & TS if necessary.

I'll keep you updated.

[shamen]

Re: Lowell Portfolio v Bigsis - Help Please

One thing worthy of note, if you are receiving text messages then the sender must allow you a way to opt out of receiving them.

If the messages come from a phone number (eg 447xxxxxxxx) or a 'shortcode' (eg 77888) then reply to the text with nothing but the words 'stop all'. They have to stop sending you text messages at that point.

If the messages come from what’s known as an 'alphanumberic originator' (eg, the from field is not a number but a word) then the message body must contain a way to opt out of receiving more messages.

If you send 'stop all' and the messages do not stop, or the sender is alphanumeric and you have no way of replying then you should contact your network operator and ask to make a complaint about unwanted SMS messages which you are trying to opt out of. If you are on orange you can also forward the message to the number '7726' which is the spam team at orange.

In practice it can be very hard to defeat SMS spam, especially when companies send messages through other countries.

I used to work in the SMS industry for many years so know the rules inside out and have a lot of contacts in the industry., so id be interested to know how these companies are sending their messages out. I have posted up a thread http://www.legalbeagles.info/forums/...d.php?p=214527

[Garlok]

Re: Lowell Portfolio v Bigsis - Help Please

Please also note bigsis that lowells may be claiming to actually own the debt by assignment absolute. This means that they have also accpeted all obligations, liabilities and responsibilities that the oC had under the original agreement. therefore it is now THEIR responsibility to find all of the relevant documentation, NOT for you to be told to chase it through the OC. Without it tell Hamptons to go take a hike they have no cause of action. This could be interpreted as an abuse of process placed properly before a court.

So they ain't go to do anything, cause they won't have the paperwork to bring any such action.

regards
Garlok

[Bigsis]

Re: Lowell Portfolio v Bigsis - Help Please

Today the Halifax returned the £10 cheque for the SAR from 3Mobile, enclosing a copy of the letter from 3Mobile to the Halifax stating ' unfortunately, we've not been able to process this payment of £10 as our customer has not included their correct 3 payment reference number. We would appreciate it if you could contact them to inform them of this mistake, so they can rectify it and return the cheque to us. Please remind them to include their full 3 account number on the back of the cheque so we can process the payment quickly.'

I didn't quote any account number as surely they can source all the information from my sons name & address. 3Mobile have alleged a debt against an account number we know nothing about, they have the information not us.

Today we received the expected letter from Hamptons Legal, so we're progressing in the game of 'pass the parcel'.

Should I send a full CCA to get a copy of the signed Service Agreement (if it exsists) and a copy of the deed of assignment, should I address it to Hamptons or Lowell or Red, I know they're all the same, but hey ho.

Your advise would be appreciated.

[Bigsis]

Re: Lowell Portfolio v Bigsis - Help Please

Hi, can one DCA collect on behalf of another DCA?

Have rec'd letter from Fredrickson Int Ltd today saying "We have been instructed by Lowell Financial Ltd who have passed this account to us for collection of the outstanding balance. As we have been appointed as their agent you should now make sure you contact us and not Lowell. We are authorised to contact you to secure repayment of the debt."

This has been a disputed debt for last 12 months and Lowell have been unable to supply any evidence to prove it.

[shell]

Re: Lowell Portfolio v Bigsis - Help Please

Ignore them It will be passed back to Lowells in a couple of weeks.

Only one thing bothering me though, have they put a default against your son's name.

[Bigsis]

Re: Lowell Portfolio v Bigsis - Help Please

Hi Shell

Thanks for your advice, checked credit report today, Fredricksons have not put a default on. Lowell put a default on 26/4/11 which we knew about and we put a note on file to say it was a disputed debt. Credit Expert advised to make formal complaint to Lowell and FOS etc, but past experience has proved no-one official takes much notice and its such a slow process. Anyway will just ignore Fredricksons for now.

Many thanks

[Bigsis]

Re: Lowell Portfolio v Bigsis - Help Please

Just thought I'd update you on this on-going saga, heard nothing further from Fredrickson's, but Lowell have been in touch to say they will be sending acct to Advantis Credit "one of our approved debt collection agencies, who will be instructed to pursue you for this debt from 16/11/12". Here we go again lol.

[miliitant]

Re: Lowell Portfolio v Bigsis - Help Please

Did he have a three account to begin with. They must substantiate the debt or they have opened themself up to a claim for defamation on the default