Lowell/Vodafone

[R.Saunders]

Hi there,
This is my first post, so please bare with me if I neglect to add information that is needed in order to give advice.

A couple of months ago, I decided that after reviewing my finances, I'd be able to handle having a contract phone and started to apply for contracts. I was declined twice and decided to take a look at my credit profile, I noticed that although my credit score was (what I'd consider to be) quite good, at around 875 there were many many searches made by Lowell Portfolio 1 LTD, having no idea what this company was or why they would be checking 3 addresses twice a month I Googled them, found out that they were a company that purchased old debts and was none the wiser.
Whilst searching I came upon another forum where people were having similar problems, there was a letter typed up that I altered to fit my needs and sent to The Lowell Group, including quotes from law, acts and such. I checked my emails frequently and had no response, but htey did add a £70 charge that I could see on my credit expert account. Another couple of weeks went by and still no reply, but yet ANOTHER-separate £70 charge was added to my account, and they'd ramped up the searches, to two searches on each address, for each account twice a month, that's 24 searches a month from what I recall.. I proceeded to send another e-mail, similar to the initial one but added the extra information.
Eventually, they responded asking for dates of the searches and addresses that the searches had been made on, I supplied the information and now I've been told that I supposedly owe £70.48 on a Vodafone account. This debt has not shown on my credit expert account from what I recall and up until the point of these new debts (which showed up instantly as being a level 8-unpaid debt ) I have had no outstanding bills at all for the last few years.
I am unsure of how to take this further, I can't afford to pay off the debt right now as all of my money has been eaten up due to family illness and a need to relocate (therefore currently having no job and caring for my mother). I have worked hard to get a good credit score and this is now an increasingly distressful situation for me as I know it will follow me around for the coming years. Creditors will have a bad impression from my now incredibly low credit score, and it will only cause me problems when the time comes that my mother is able to look after myself and I can (yet again) move out of the family home.

I'd appreciate any advice on this matter as I'm feeling harassed by this multiplying debt that I'm sure I've paid in full.
Thank you for taking the time,
R.Saunders

[R.Saunders]

Re: Lowell/Vodafone

I'd also like to add, that during the last three years (at least) neither Vodafone, nor Lowell have attempted to make any contact with regards to this supposed debt, and as Lowell have recently added this debt to my credit check account, it has sort of 'renewed' any debt owed that would have been 'spent' as it were. Therefore, any debt which may have been crossed off my account by now will not be crossed off for another 5/6 years. Surely this is unlawful?

R.Saunders

[charitynjw]

Re: Lowell/Vodafone

Hi R Saunders, & welcome to Legal Beagles.

Is the original 'debt' over 6 years old?
If so, have you acknowledged the debt? (ie written to admit that you owe it, or paid anything towards it)
Has it been taken to court? (ie County Court Judgment)

The Office of Fair Trading has issued debt collection guidance to firms, particularly with reference to fair practice.
Have a read - http://www.oft.gov.uk/shared_oft/con...lection_g1.pdf

If the debt is statute-barred, it could be considered unfair or improper to conduct excessive searches in this way.

[Nibbler]

Re: Lowell/Vodafone

- Do you recognise the debt as yours? Or do you think it is not yours?
- If it is yours, when would this be from, and when would you have last paid and/or acknowledged the debt in writing?
- If yours, I presume you have moved since the debt was supposedly owed?
- What is the recorded default date on your report?

Debt collection searches on your Experian/CE report should not be a bother, as in theory only you should be able to see a record of those.

The default however, is a big issue.

I would presume that vodafone probably registered a default at a previous address, and until now it hadn't been linked in to your current report. Lowells would have bought the debt and then had the company name on the default record changed into their name. If a report update or their tracing links the old default/address details to your report, then it suddenly appears apparently out of thin air on your report.

[QCKate]

Re: Lowell/Vodafone

welcome R.Saunders!

There is a Vodafone representative who is a member and who does sometimes offer to help. He seems genuine but I dont know what results there have been. Not seen any complaints though. Why not post a request for him to make himself known to you.

PS Just seen his LB name is - Lee Vodafone Company Rep

QCK

[R.Saunders]

Re: Lowell/Vodafone

Thank you all for your warm welcome messages.

CharityNJW:
If the debt is mine, then it will be from about 2009.
I have not acknowledged the debt, and will not unless there is solid proof that it is mine. As far as I was aware I had fully paid off all bills and debts to the present date.
As far as I know, it has not been taken to court.

Nibbler:
I do not recognise it, however there was a period shortly after getting a Vodafone contract that I had a lot of problems with the phone I was given where it was accessing the internet while in my pocket or bag and this ran up a huge bill of over £250 in the first quarter, I had a lot of problems with this and felt harassed by Vodafone. I said to myself that I'd never do business with Vodafone again, due to their lack of empathy in my situation. I was under the impression that when the contract was up, Vodafone would cut off my phone unless I renewed the contract. I stopped using the phone and assumed that would be it, I wouldn't have to deal with them anymore. A couple of months later I found an old bill in the postbox (shared mailboxes in an apartment block) which had not come to my attention before, it stated that I was now in debt to them for still using the phone after the contract had ended (even though I haddn't), to my knowledge I paid off this debt to get rid of them and told them I didn't want to deal with them anymore and that was the end of that.
The last time I would have paid any money to Vodafone would be around spring '11.
Yes, I have moved 4 times since the start of the contract, 3 times since paying off the debt, but I've not updated the address on my credit report for fear of them doing more searches on the new address and putting a black spot on this house.
The account is showing as defaulted as of 4/4/12 though and I had not dealt with Vodafone after spring '11 .. so I don't know where this number comes from.

QCKate:
Thank you for the advice, how would I go about requesting him to show himself?

Thank you all again, I really appreciate you taking the time to help.

Robyn

[charitynjw]

Re: Lowell/Vodafone

One more quick question - are Lowells chasing this in a capacity of 'ownership' of the alleged debt, or are they acting as an agent for Vodaphone?

[R.Saunders]

Re: Lowell/Vodafone

They have ownership of the debt..but did no chasing at all, if I hadn't checked my credit report then I'd have never known about the default on my account and looking at what they've done thus far, I wouldn't have had any letters alerting me to the alleged debt.

[R.Saunders]

Re: Lowell/Vodafone

Would it be of any use to post the messages to/from Lowell thus far?

[CleverClogs]

Re: Lowell/Vodafone

Would it be of any use to post the messages to/from Lowell thus far?

Can't do any harm, but use Paint or IrFanView (link) to blank out your personal details.

[R.Saunders]

Re: Lowell/Vodafone

LETTER ONE, FROM MYSELF

Dear Lowell Portfolio 1 Ltd

During a recent review of my Experian credit file, I was extremely concerned to note many unauthorised credit searches by your organisation in the last 12 months at my current address and at my previous address. As a company I have no known or acknowledged financial relationship with, I must advise you that I find it completely unacceptable that you would access my personal data with a Credit Agency with this kind of regularity, without my consent.

Research on the Internet would suggest that you are a Debt Collection company.

Please note that I do not acknowledge any outstanding debts to either your organisation, or any organisation you claim to be acting on behalf of.

Given the fact that my credit files with both Experian and Equifax show no outstanding, defaulted debts to any creditors within the last 6 years (the time period for which defaults display, I believe) it must also be concluded that any alleged debt related to these unauthorised credit searches would in any case, have to be more than 6 years old. I would point out that under the Limitation Act 1980 any alleged debt would be statue barred at this point, given I have neither acknowledged any alleged debt, nor have I made any payments in respect of any alleged debt in the last 6 years.

As I intend to make no payments in respect of any alleged debt and furthermore that any alleged debt would be statute barred all actions by your company, affiliates and/or other 3rd parties acting on your behalf should immediately cease - including any further unauthorised access of my personal information. Furthermore, as no payment in respect of any alleged debt will be made I must ask that neither your company, affiliates or any other 3rd parties acting on your behalf should be passed any of my personal data, nor should they contact me by any means for the purpose of requesting any payment.

Please be advised, this letter constitutes a formal request that you immediately cease and desist from:
1. Any further unauthorised attempts to share or access my personal information through any licensed Credit Reference agencies
2. Any further actions or contact in pursuit of payment of any alleged statute barred debts

In the case of statute barred debts the OFT Debt Collection Guidance states that:
“Continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

Any further unauthorised access or sharing of my personal information – or requests for payment of any alleged statute barred debt will be treated as harassment and a breach of the Data Protection Act and I will seek the strongest legal and regulatory redress.

I trust my position is clear and I await your written confirmation that no further action (including access or sharing of my personal information) will be taken concerning any alleged debt and confirmation that this matter is now closed.
I look forward to your reply.

Yours faithfully
-----------------------------------------END------------------------------------------------

In response to this, they asked for more details regarding the addresses that the searches were made on, and the dates of these searches.
---------------------END---------------------------------------
LETTER TWO FROM MYSELF

Here are the details you asked for, I hope that this matter can be rectified shortly. I would also like to make note of yet another, separate £70 charge (total: £140).

Address: ???
Searches:
13/4/2013
23/2/2013

Address:???
Searches:
13/4/2013
23/2/2013

Address:???
Searches:
13/4/2013 (3 searches on this date)
23/2/2013 (2 searches on this date)

Address:???
Searches:
13/4/2013
23/2/2013

As I have previously mentioned, I have no business with your company, nor you with me. There is no valid reason for these searches, or the charges onto my credit account. The only accounts I have had are with utility companies and those with reference to the council. All of these credit accounts have been fully paid off and closed. I have had no disputes over late payment or complete lack of payment. I would appreciate if you would remove both these searches and the charges with regards to OFT Debt Collection Guidance.

OFT Debt Collection Guidance states that:
“Continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

I trust that my position in this case is clear and that you are aware that any further requests for payment of alleged statute barred debt will be treated as harassment and a breach of the Data Protection Act.

I await your response regarding this matter,
Yours Faithfully

--------------------------------------END----------------------------------
Dear ???

Account ListingLowell Reference Number: ?????????Original Company Name: VodafoneOriginal Client Reference: Vodafone???Current Balance: £70.48
Thank you for your recent correspondence concerning searches on your credit file.
We have purchased the rights and benefits to your account from Vodafone. Under the original terms and conditions agreed with Vodafone you gave your permission for your data to be shared in this way. Therefore we are entitled to access your data to exert a contractual right under the Data Protection Act 1998.

Please be assured that the name of the searches can only be seen by us, you or the credit reference agency, and will not be used to assess your credit worthiness by any grantor of credit.

We trust this clarifies the situation however if you have any further concerns please do not hesitate to contact us.

Your account has now been placed on hold for 14 days whilst you forward us your payment proposals, after which point collection activities will resume.

Yours sincerely
James Crabtree

The dates written on the letter indicating the searches are only up to the date of that letter, there have been many more since.

[QCKate]

Re: Lowell/Vodafone

[QUOTE=R.Saunders;352905]Thank you all for your warm welcome messages.




QCKate:
Thank you for the advice, how would I go about requesting him to show himself?

The only way I can suggest is to start a new post headed "Help wanted from Lee Vodafone Company Rep please"

Try it anyway

QCK

[R.Saunders]

Re: Lowell/Vodafone

Thank you QCKate, much appreciated.

[charitynjw]

Re: Lowell/Vodafone

So you have never received a Notice of Assignment from either Vodaphone or Lowells? (A "Goodbye/Hello" letter)

[R.Saunders]

Re: Lowell/Vodafone

No, the only correspondence has been started by me.