Lowell Group - 3 Mobile/Egg

[Peachie1]

Hi,

I was wondering if you can help me. My Husband has lead an interesting youth, in 2006 he made the mistake of opening a credit card with Egg and had a mobile phone ontract with 3 Mobile. His parents when through a bad patch and lost there house so he was unable to pay his bills and ran away from the debt.

Now they have caught up with him. The Lowell Group are insisting that there are three seperate accounts for 3 mobile which we know is wrong but without admitting the debt which we haven't done, it could get tricky.

I have writtern to them and asked for them to provide proof of the debt and this was there responce:

"We have noted your request for a copy of the contract for account ref ****** & ****** & ********. We can advise that this is not a regulated agreement under the consumer credit act 1974, and therefore our client (3 mobile) has no obligation to provide a signed agreement under the provisions of the act.

In the case of mobile mobile contracts, inserting the SIM card and usage of the equipment is taken as acceptance of the T & Cs of the contract."

They have also said that they have requested proof of the debt from Egg and will contact us again in due course. The Debt for Egg is £500 and but i'm worry about the 3 mobile ones as tey are claiming that each account is nearly £500 each. Can you give me some advise?

From a very worried Peachie1

[mr.ton]

Re: Lowell Group - 3 Mobile/Egg

Do you know when the last payment was made on either of these accounts?
After 6 years they become stat barred and therefore cannot be enforced in court. (so it's easy enough to fob them off until the 6 years has passed )
Lowells are correct in what they say about mobiles not being covered by the CCA however they still need to prove that the debt exists/is owed - it's not for you to prove that it isn't.
They are notorious for chasing on 3 debts and have already been featured on watchdog because of it.
Ignore them and report them to the OFT & trading standards if they refuse to stop harassing you.

[Peachie1]

Re: Lowell Group - 3 Mobile/Egg

Hi Mr Tom,

Thank you for replying. I wasn't aware that they had been featured on watch dog thats good to know. From what my husband has told me all the debt goes back to 2006, the last payment to 3 on the contract would have been then. We don't have any further info as it was all left in the house they were kicked out of.

I'm just really frustrated that they have turned 1x debt with 3 mobile into 3 x debts, all for different amounts. It's obviusly an administration error but they do not acknowledge it.

Can you advise me on what to write back to them? So far we haven't called them we have done everything in writing but they are very insistant and write every week!

Is there a professinal way to say "If you have no proof of the debt, bog off and leave me alone, you don't have a leg to stand on?"

[labman]

Re: Lowell Group - 3 Mobile/Egg

Don't! You've asked for proof - until they provide this proof you have nothing further to say to them. Don't get drawn into unnecessary correspondence.

[Peachie1]

Re: Lowell Group - 3 Mobile/Egg

Hi again folks,

Lowells have now sent us a letter asking us to complete a rather complicated form that says we have agreed that there has been fraudeilent activity on the account. We have questioned that they had the right person as they have managed to turn 1 x debt for a 3 mobile phone into 3 x seperate accounts with different amounts and different reference numbers.

I don't really want to complete the form as it asks for passport numbres and various other personal details that frankly i just don't wish to share with them. They still have not sent proof of the debts as requested other than trying to say that the 3 mobile don't have to provide a contract etc...

What should i do now?

Kind regards

Peachie1

[labman]

Re: Lowell Group - 3 Mobile/Egg

Personally I would continue to ignore. You are under no obligation whatsoever to provide the information they are asking for and they are trying their best to get you to acknowledge the debt before the 6 years is up.

You have asked for proof of the debt. They have still not provided it. Simple - until they do, ignore them.

[CleverClogs]

Re: Lowell Group - 3 Mobile/Egg

Lowells have now sent us a letter asking us to complete a rather complicated form that says we have agreed that there has been fraudeilent activity on the account. We have questioned that they had the right person as they have managed to turn 1 x debt for a 3 mobile phone into 3 x seperate accounts with different amounts and different reference numbers.

I don't really want to complete the form as it asks for passport numbres and various other personal details that frankly i just don't wish to share with them.
What should i do now?

Report the oafs to Consumer Direct, on 0845 4 04 05 06

[teaboy2]

Re: Lowell Group - 3 Mobile/Egg

In the case of mobile mobile contracts, inserting the SIM card and usage of the equipment is taken as acceptance of the T & Cs of the contract

Read more at: Lowell Group - 3 Mobile/Egg - Legal Beagles Consumer Forum

Ok, in that case write back asking for proof that you (or your partner in this case) was the one that pyhsically inserted the sim cards and pyhsically used the phones. Demand CCTV evidence to back up their claim. whilst at the same time reminding them that under contract law there must be a clear and unequivical verbal or written acceptance of the terms/contract. And therefore their response is pathetic and stands less chance of winning in court then a tortoise stands of winning gold in the mens 100 metres race at the olympics. Also tell them Teaboy 2 from legal beagles says hello.

They know exactly who i am as i had similar dealings with lowell reqarding a 3G phone which was 1 of 2 phones sent to me as unsolicited goods, which i accepted as unconditional gifts and disposed off as per my right to do so under the distance selling regulation, by selling them. They made tha exact same claim about entering the sim card to me too lol.

[teaboy2]

Re: Lowell Group - 3 Mobile/Egg

Hi again folks,

Lowells have now sent us a letter asking us to complete a rather complicated form that says we have agreed that there has been fraudeilent activity on the account. We have questioned that they had the right person as they have managed to turn 1 x debt for a 3 mobile phone into 3 x seperate accounts with different amounts and different reference numbers.

I don't really want to complete the form as it asks for passport numbres and various other personal details that frankly i just don't wish to share with them. They still have not sent proof of the debts as requested other than trying to say that the 3 mobile don't have to provide a contract etc...

What should i do now?

Kind regards

Peachie1

respond telling them that they have no right to your passport number or any other personal information. It is for them to investigate and ensure they have the right person and if they suspect fraud they should report it to the relevant law enforcement department i.e. fraud squad.

[CleverClogs]

Re: Lowell Group - 3 Mobile/Egg

respond telling them that they have no right to your passport number or any other personal information.

Why the buggery would those nosey numpties want someone's passport number in connection with a mobile telephone?

[teaboy2]

Re: Lowell Group - 3 Mobile/Egg

Why the buggery would those nosey numpties want someone's passport number in connection with a mobile telephone?

If you get a contract through a phone shop they usually take a photo copy of your passport or driving license. Though given any one can fraudulently get a copy of your passport or driving license, then their asking the OP for a copy of their passport is a some what futile exercise in itself.

[CleverClogs]

Re: Lowell Group - 3 Mobile/Egg

If you get a contract through a phone shop they usually take a photo copy of your passport or driving license.

Really?

I've never known that to be expected of one but, then, I've only ever used PAYG sims.

Though given any one can fraudulently get a copy of your passport or driving license, then their asking the OP for a copy of their passport is a some what futile exercise in itself.

Quite. One could even manufacture a plausible, fake driving licence oneself.

[teaboy2]

Re: Lowell Group - 3 Mobile/Egg

Really?

I've never known that to be expected of one but, then, I've only ever used PAYG sims.


Quite. One could even manufacture a plausible, fake driving licence oneself.

You just gave me an idea, lets all manufacture fake ones in fake names, i hear websites sell them legally and can be easily adjusted to look legit, and then send the copies of our fake documents everytime the imberciles ask for prove of ID lol.

That will soon make the trail go cold in their search for debtors.

[ODC]

Re: Lowell Group - 3 Mobile/Egg

Ignore Clownells about the alleged mobile phone debt. They still have to PROVE a contract existed between your partner and 3. All your partner did wrong was request a copy of the agreement under the CCA.
UNDER NO CIRCUMSTANCES complete any forms for the leeds Losers.

They MUST prove a debt exists and they have a legal right to pursue it.

They won't because they can't

[teaboy2]

Re: Lowell Group - 3 Mobile/Egg

Ignore Clownells about the alleged mobile phone debt. They still have to PROVE a contract existed between your partner and 3. All your partner did wrong was request a copy of the agreement under the CCA.
UNDER NO CIRCUMSTANCES complete any forms for the leeds Losers.

They MUST prove a debt exists and they have a legal right to pursue it.

They won't because they can't

Actually Lowells use that as their standard response. Even i asked them for a copy of the mobile phone contract (not the CCA) and they sent me the same pathetic response about mobile phones not being regulated under the CCA. You can imagine my smug reply to them when i received that response lol