hi everyone im after a bit of advice regarding lowell financial and an alleged debt with three mobile.i have added the first letter lowell sent me (lowell1) dated 23rd nov 2016 and my response (lowell2) which was sent recorded and received 3/12/16 which was basicly a prove it letter.today i got a response from lowell which i have added also (lowell3) pretty much saying they dont have to prove anything at all but adding that no contract may exist as it can be done on the phone/internet or mail order,but telling me what was in my term and conditions which i wouldnt know as they never supplied me with it.but they have accidentally told me in print that the last payment was made on the account 10/09/2010 which means to me they are now knowingly chasing a statue barred debt.what should my next steps be? send a statue barred letter? or tell them to start legal proceedings and let them explain in court why they dont have to prove liability of the debt? any help will be most grateful thanks.ps i have no knowledge of ever have a three mobile phone ever.
lowell finanacial and a three mobile alleged debt
Collapse
Loading...
X
-
Re: lowell finanacial and a three mobile alleged debt
Good evening,
One point first the OFT has not existed for some time the Financial Conduct Authority is now responsible for the administration of CCA1974.
Mobile phone accounts are service contracts and as such not regulated.
As to statute barring Lowell will argue ( wrongly in my opinion) that the date the account was defaulted was the start of the relevant 6 year period under the Limitation Act 1980.
Is this debt showing on your credit files? You can check Noddle or Clear Score free online.
nem
-
Re: lowell finanacial and a three mobile alleged debt
hi thanks for the quick nem. i have checked noodle and yes it is on there.but on there date of default is 24/02/2011 not 10/09/2010 that lowell say was the last payment date surely there shouldnt be a 5 month overlap on dates??. what should my next letter say as surely they have to supply some form of proof for this.thanks for your help
Comment
-
Re: lowell finanacial and a three mobile alleged debt
Originally posted by sparrow75 View Posthi thanks for the quick nem. i have checked noodle and yes it is on there.but on there date of default is 24/02/2011 not 10/09/2010 that lowell say was the last payment date surely there shouldnt be a 5 month overlap on dates??. what should my next letter say as surely they have to supply some form of proof for this.thanks for your help
It is always open for you to challenge an assertion from Lowell that the default date starts the relevant 6 year period. The default date scenario arises from and Appeal Court Decision in BMW Finance- v - Hart but this was in regard to an HP agreement not a simple contract such as a mobile service contract.
nem
Comment
-
Re: lowell finanacial and a three mobile alleged debt
but surely they have to issue me with some proof there is even a debt in my name.
- - - Updated - - -
or at the very least some form of breakdown of what the charges are for. thanks again for your help.
Comment
View our Terms and Conditions
LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.
If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.
If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
Announcement
Collapse
No announcement yet.
Court Claim ?
Guides and LettersSHORTCUTS
Pre-Action Letters
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Witness Statements
Directions Questionnaire
Statute Barred Letter
Voluntary Termination: Letter Templates
A guide to voluntary termination: Your rights
0 Followers
@LegalBeagles
0 Followers
@LegalBeagles
Loading...
Comment