Lowell and 3 mobile

[angel.islington]

Re: Lowell and 3 mobile

Just to update. I have never received a reply to my SAR (but have proof of receipt) but have stopped getting nasty little letters in the post. I'm hoping someone somewhere has sorted it and they've stopped but we'll see.

You've waited the 40 days for the SAR I assume? If so, send a chaser, give them 7 days and if you've not heard then make a complaint to the Information Commissioners Office. They rely on people telling them that Data Controllers (like 3) are not complying with the Data Protection Act. If they don't know, they can't take any action.

If the letters from 3 start up again then you will benefit from having the SAR information.

[Southerner]

Re: Lowell and 3 mobile

Today I have received the following letter from Lowell's:

Your Account Remains Unpaid

We wrote to you recently after answering a query you raised on your account and offered you the opportunity to pay monthly by direct debit. We even gave you two alternative repayments options, or, the ability to dictate what you wanted to pay, but unfortunately your account remains unpaid and you have not set up a monthly repayment plan.

What Happens Next ?

As we have answered your query and offered affordable repayment plans we can only assume you are unwilling to repay the money you owe and have had the benefit of. We are now therefore going to obtain a copy of your credit file and other information about you from Experian (the Credit Referance Agency) and use the information within it to help us decide what course of action to take next. Your credit file will highlight things such as whether you have a mortgage and if you are repaying your other commitments on time, we may even obtain your work details, if you are currently working. Dependant on what we see will determine what action we take. Our options will be either to use the court, or to use a door step agent who will arrange to visit you and discuss repayment face-to-face.

An amicable solution would be better for both of us

We really would prefer to avoid any further action against you. If we use the courts any costs incurred will be added to your account when all we want is to recover the money you owe. We really don't want to increase your debt from what it is today, or cause any unneccessary stress. This is why we urge you to set up a monthly repayment plan, paying back an amount you can afford. We appreciate speaking to strangers like us about your debt can be embarrasing and distressing for some, but rest assured all our staff are fully trained to help. If you would prefer not to speak to someone then you can complete the Direct Debit mandate with an amount you want to pay and return it to us, otherwise we look forward to hearing from you soon.


My Questions:

I vaguely remember someone else posting on here about writing to Lowell's so that they cannot make a face to face visit. If so, what do you recommend I include in my letter ?


As the '3' bill they sent me had an address on that I have never lived at (and therefore would never have received any letters requesting payment), I feel that the early termination charge they are claiming is void.


Any advise would be greatly appreciated.

Thanks in Advance

[bluebottle]

Re: Lowell and 3 mobile

Having read through this thread again, I would be inclined to write a letter along the lines of -

"Dear Sirs,

Ref.: XXXXXXXXXXXXXXXXXXXX

I refer to your letter dated [date] alleging non-payment of an alleged debt with 3.

Despite previous requests for clear and irrefutable evidence of a legally-enforceable against my name, your company has failed to comply with these requests. Also, it has been noted that the documentation you have tendered contains discrepancies which include, but are not restricted to -

[Descriptions of Discrepancies]

You are put on notice that the onus that a person is liable for a debt lies upon the Original Creditor, in this case, 3, and yourselves. Neither you or 3 have produced any evidence whatsoever, despite being requested to do so and having not been prevented from doing so.

You are also put on notice that your demands for payment, unless proven to be attributable and legally-enforceable against myself and that you have a right in law to make such demands, will be regarded as unwarranted and any threats attached thereto will be regarded as improper. You are put on notice that the courts take a very serious view of those who make unwarranted demands accompanied by menaces, namely, threats, regardless of whatever form they take. Your conduct is sufficient to amount to a course of conduct amounting to harassment, contrary to Section 2, Protection from Harassment Act 1997, and your attention is drawn to the ruling in the case of Ferguson -v- British Gas Trading Ltd 2009 which lays down that a body corporate can be found guilty of engaging in a course of conduct amounting to harassment. Any further harassment by your company may result in an injunction being sought to legally restrain you and your client without further notice, under the provisions of Section 3, Protection from Harassment Act 1997. You are put on notice that the contents and tone of your correspondence may well contravene Section 1, Malicious Communications Act 1988 in addition to any other legislation.

I require that you provide me with irrefutable evidence that the debt you allege I am allegedly liable for is, in fact, lawful and that you and 3 have a right in law to demand payment thereof. Your company has 48 hours in which to produce this evidence. Should this evidence not be forthcoming, then I shall reserve the right to report this matter to the law enforcement agencies for investigation and necessary action without further notice.

In addition to the foregoing, I find that your company's conduct to date, breaches OFT Debt Collection Guidelines. You are reminded that compliance with the Guidelines is a condition of your Consumer Credit Licence and that breaches may result in an Adverse Determination to Refuse Renewal of or to Revoke your licence. In view of your company's conduct, I shall be making a formal complaint to the OFT's Credit Fitness Team.

Yours faithfully,

Southerner"

If this doesn't change the colour of their underwear, I don't know what will, but Lowells are on very dangerous ground, in the legal sense. To make a complaint against Lowells to the OFT's Credit Fitness Team, send it by email to enquiries@oft.gsi.gov.uk, inserting the words CREDIT FITNESS in the subject box. Give a clear and concise resume of your complaint. You will also need to quote the following details in your complaint -

Company Name: Lowell Financial
Company Reg. No.: 4558936
Credit Licence No.: 0528607

Also, make a complaint against Lowells to your local Trading Standards Department, in addition to OFT Credit Fitness Team. Let us know how you get on.

[Southerner]

Re: Lowell and 3 mobile

Thanks,

I'll let you know how it goes.

[Southerner]

Re: Lowell and 3 mobile

** UPDATE **

I have now received a letter from 'Red Debt Collection Services' (which I've read on here is also a division of Lowells ???) stating that Lowells have now past my debt over to them.

The letter reads basically the same as the first letter from Lowells. So do I now have to start the process all over again or should I send them the same letter detailed above that I sent to Lowells in July ?

Many Thanks in Advance.

Southerner

[Curlyben]

Re: Lowell and 3 mobile

ROFLMAO.
Red are seriously deluded, as normal

File it under I
Until such time as Lowell respond in some meaningful manner.

Red will send a couple of letters then they will pass you to the "litigation" department.
Hamptons Legal.
Yet another trading style of Lowell, who will make the same threats and demands as all the others...

[Southerner]

Re: Lowell and 3 mobile

Thanks

[bluebottle]

Re: Lowell and 3 mobile

Southerner,

I feel it is now an opportune moment to send the CEO of Lowells what I call a NOTICE TO DESIST. This is, basically, a warning letter against any further harassment and is a pre-cursor to seeking a court injunction against Lowells and their subsidiaries and 3. In practice, you do not actually have to send this notice, but it is wise to do so as if you do have to seek an injunction, it is evidence you can place before the court that you did what you could to abate their conduct. I have also notice that Lowells have not, as yet, produced any evidence that you, in fact, owe any money. This is a breach of the Civil Procedures Rules 1998. Failure to comply with CPR on the part of a claimant in a civil claim can result in their claim being thrown out.

I will draft a NOTICE TO DESIST for you to send to the CEO of Lowells. I would recommend you send this by Special Delivery and mark on the outside of the envelope "Private and Confidential - to be opened by addressee only". This ensure only the person to whom it is addressed opens the envelope.

UPDATE: I am attaching the NOTICE TO DESIST. If you do have to apply for an injunction, you would be well-advised to apply for an Unless Order as well. I am also attaching a copy of the Protection from Harassment Act 1997 and Court Form PF39CH which is the form that is used to apply for an injunction. I would also print off Sections 1, 2, 3 and 7 of the Protection from Harassment Act 1997 and enclose with your letter to the CEO of Lowells.

[Southerner]

Re: Lowell and 3 mobile

Hi Bluebottle,

Many Thanks for your assistance on this.

Regards

Southerner.

[Southerner]

Re: Lowell and 3 mobile

Many Thanks for your advise Bluebottle. I'll let you know what response I get if any.

[valeriej43]

Re: Lowell and 3 mobile

My son has had the same letter from 3 referring to a dongle he used for a laptop, it seems ridiculous to put it in a Debt collectors hands,
My son insists he was paid up as he was due to move abroad, which he now has done, and the letters are still coming here,as he is using my address as a postal address until he finds a permanent place abroad
I just chuck them in the bin to be honest

[Southerner]

Re: Lowell and 3 mobile

Southerner,

I feel it is now an opportune moment to send the CEO of Lowells what I call a NOTICE TO DESIST. This is, basically, a warning letter against any further harassment and is a pre-cursor to seeking a court injunction against Lowells and their subsidiaries and 3. In practice, you do not actually have to send this notice, but it is wise to do so as if you do have to seek an injunction, it is evidence you can place before the court that you did what you could to abate their conduct. I have also notice that Lowells have not, as yet, produced any evidence that you, in fact, owe any money. This is a breach of the Civil Procedures Rules 1998. Failure to comply with CPR on the part of a claimant in a civil claim can result in their claim being thrown out.

I will draft a NOTICE TO DESIST for you to send to the CEO of Lowells. I would recommend you send this by Special Delivery and mark on the outside of the envelope "Private and Confidential - to be opened by addressee only". This ensure only the person to whom it is addressed opens the envelope.

UPDATE: I am attaching the NOTICE TO DESIST. If you do have to apply for an injunction, you would be well-advised to apply for an Unless Order as well. I am also attaching a copy of the Protection from Harassment Act 1997 and Court Form PF39CH which is the form that is used to apply for an injunction. I would also print off Sections 1, 2, 3 and 7 of the Protection from Harassment Act 1997 and enclose with your letter to the CEO of Lowells.

Guess who has today received another letter from Red. Looks like another standard letter, 'Account Overdue', your account has been passed on to us by Lowell, blah, blah, blah.

[warpspawn]

Re: Lowell and 3 mobile

i also have been suffering on the 3 mobile roundabout and thought i would let people know lowells has brought a new desk called, lucas credit services to join their team of lowell, red, and hampton.
my alleged debt has been through the hands of scottcall, wescott, morecroft, hughes and a dozen others since 2005 and each company is asked to supply the same document, the contract that i signed, which i know can not be produced because i have never signed one.
this must confuse them as i don't hear from them again, then get another company claiming that i owe 3 mobile money for an account in 2005, don't these companies put notes on files like, documentation does not exsist.
3 mobile seems to be selling my alledged debt on a regular basis with added intrest, it has now reached £310.99 from a £133.
someone seems to be making fair amount of money, selling this account.
and there's me thinkng that the oft states that i should be informed each time a debt in my name is passed on, and all these companies forgetting to tell me.

[bluebottle]

Re: Lowell and 3 mobile

Make formal a complaint to OFT Credit Fitness Team against the DCAs you have listed in your post, Warpspawn. Once the OFT know what is going on, they can do something about it. I am attaching a document that takes you through the process of lodging a complaint against a bailiff company, but the process is effectively the same for DCAs. Make sure you include the names and credit licence numbers of each DCA and make a separate complaint for each DCA. You may wish to mention in each complaint that it appears the DCA has been playing Pass the Parcel. Also attached is a copy of the OFT Debt Collection Guidelines. This is used to identify breaches of the Guidelines which should be listed in your complaints.

[Southerner]

Re: Lowell and 3 mobile

I've now had a 3rd letter from Red (plus 10 from Lowell).

It goes as follows:

"Your account is still outstanding

Since our last letter we have not received payment in full or been able to set up a repayment plan.

Unless we hear from you about repayment within seven days of the date of this letter, we will obtain a copy of your credit file and review it so that we can pain a better understanding of your finances.

Your credit file will help us understand:

1. What assets you have.
2. Other financial commitments, such as credit cards and other borrowing.
3. Your ability to repay.

Based on this information we could then instruct Hamptons Legal, our legal division, to use the court system to recover the money owed.

We would obviously prefer to speak to you directly and not have the need to use litigation. If you call us, together we can find a repayment plan that suits you."

This letter is the 2nd letter I have received from red after I sent a Notice of Desist to the CEO of Lowell.

Any advise ???

Thanks

Southerner