Lowell and 3 mobile

[Roy Clayton]

Re: Lowell and 3 mobile

I completely agree and if it was me I would not be paying a penny. They are clearly getting desperate and it is highly unlikely that they have any paperwork to prove the debt. Lowell's administration is shoddy from my experience. They admitted to the courts they missed six deadlines for revealing information because they did not receive the courts letters. I would pursue a Section 7 Data Protection Act request through your solicitor to see if they have any records of the assignment letters being issued. 3 Mobile tell me they run a paperless office and therefore they had no evidence of defaults being issued. Lowell,s information was heavily redacted so presumably they either never had proof or the evidence did not support their case. If it does get to court expect an approach from their representative asking to adjourn. They will want to test your bottle. When you win post it all over the LB sight and report it to the OFT and ICO. See my threads so you will get an insight into the dirty tactics you may be subjected to. Very best of luck.

[Southerner]

Re: Lowell and 3 mobile

Hi,

After yet again requesting proof of the debt, they have now come back to my solicitor with:

"Thank you for your recent letter.

The early termination fee is calculated to reflect the remaining months on your client's contract which remain unpaid from the date of your clients account closure.

This account was opened on **th November 2007 and was disconnected on ** October 2009.

The account had a contractual end date of **th November 2009.

Please be advised that despite your client's dispute regarding this amount, they remain liable for these charges.

Statement of the account showing how the £54.81 was accrued were sent to your client on the 15th May 2012.

We trust this clarifies the situation and we look forward to hearing from you."


The fact that they still haven't provided a call breakbown of the supposed out standing bills as requested (they sent photocopies of a bill that looked like it had been put onto photocopied Three letterheaded paper).

My solicitor has suggested going back to them with something along the lines of:

"We refer to your letter dated ** July 2013.

The call statement that you refer to that was provided to our client does not in fact show how the £54.81 was accrued. It just shows the aggregate figure without any detail of call breakdown.

Please provide the call breakdown showing how the aggregate £54.81 was accrued.

We reiterate that our client's position remains that he has still not been provided with evidence to demonstrate that he is contractually obliged to pay the early termination fee that is being claimed. Consequently our client maintains his position that he has no liability for this termination fee."

Does this sound ok ?

[CleverClogs]

Re: Lowell and 3 mobile

Sorry - this was just too good to pass up...

they STILL haven't proved that I actually own anything at all !!!

One might, however, assume that you own at least one pair of underpants. :rofl:

[CleverClogs]

Re: Lowell and 3 mobile

3 Mobile tell me they run a paperless office and therefore they had no evidence of defaults being issued.

Do their staff also crap in paperless loos?

[CleverClogs]

Re: Lowell and 3 mobile

Does this sound ok ?

Yes, though the retort in Arkell v Pressdram was more concise.

[ODC]

Re: Lowell and 3 mobile

They mention contract. Ask them for a copy of this contract.

[Southerner]

Re: Lowell and 3 mobile

They mention contract. Ask them for a copy of this contract.

Thanks, will do.

[Roy Clayton]

Re: Lowell and 3 mobile

Hi
With regards to the contract, Lowell will only send you copies of your phone statements and a generic set of terms and conditions and state that because you inserted a SIM card into a phone and they can attribute that phone to you then you have accepted their terms and conditions.

Anyone with a 3 contract prior to May 2006 should research Ofcom's decision finding that contracts were potentially unfair on a number of issues including reserving judgement on the font size. Its an interesting read and I sent Lowell a copy so they do know.

[Southerner]

Re: Lowell and 3 mobile

** UPDATE **

Getting somewhat fed up with letter tennis, my solicitor replied to the last letter from Lowells with a basic "as you still haven't actually proved that a debt exists, we see this matter as now closed".

So, today I have received a letter from Lowells, "we've been dealing with your account via a third party and now hope that your questions have been answered and we hope that you are now happy to arrange payment of this debt" lol.

[bluebottle]

Re: Lowell and 3 mobile

** UPDATE **

Getting somewhat fed up with letter tennis, my solicitor replied to the last letter from Lowells with a basic "as you still haven't actually proved that a debt exists, we see this matter as now closed".

So, today I have received a letter from Lowells, "we've been dealing with your account via a third party and now hope that your questions have been answered and we hope that you are now happy to arrange payment of this debt" lol.

Try a response like, "In your dreams," or, alternatively, "What part of 'No' don't you understand?"

[ODC]

Re: Lowell and 3 mobile

Send them this

Dear Cretins

Rearrange the following words into a well known phrase or saying

STUFFED GET AND GO

yours etc

Someone who knows what idiots you are

[Southerner]

Re: Lowell and 3 mobile

I was wondering whether to ignore it or just reply with a simple "As stated by my solicitor, you have still failed to provide any proof of this debt." ?

I've also just done a credit check and noticed that Lowells have had a default on my file since first contacting me. The thing I don't get it that it says that default value was £55.00, then changed to £194.00 ????

[Southerner]

Re: Lowell and 3 mobile

Any advice appreciated.