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  • #1

    Lovells chasing a "3" debt

    Hi there I am posting this on behalf of a friend so it is a bit 3rd hand but would like to help him out and wondered if you guys could assist. Here is his problem -
    He had a phone contract with "3" via phones 4 u but neither would repair the phone when it broke because they said the phone wasn't the same one as i was sold although it matched the imei number to the receipt i got from phones 4u. now Lovell want £415 off him for the privilege...
    Basically he never paid up the remainder of the contract but now the £415 seems to be a deal higher than what it would have been if he had just paid up the remainder of the contract.
    They (Lovell) have already stated they will accept 1/3rd of the total as a full and final but they will not budge on the removal of the default notice nor will they agree to have the balance shown as zero Even though they have made the offer to accept a 1/3rd as a f&f....Seems strange to me TBH
    Also he has stated that since "3" wrote to him telling him that they would not repair his phone ect ect they have never written to him at all after that. No demands for money, No notice of passing on the debt to a 3rd party (Lovells) He basically heard nothing until now 3 years later with this letter from Lovells asking for the £415.
    Does he have any leeway here ? Anything to bargain with or should he just accept the 1/3rd and live with the fact that his credit file shows a default and uncleared balance ?
    Sorry for the long winded opening but I hope I came across ok. Any help and advice is appreciated.
    Tags: 1st, address, addresses, advice, broke, ceo, charges, chasing, con, consumer, consumer rights, contract, credit, creditor, dca, debt, default, default notice, defaults, dyson, email, fos, friends, full and final, google, law, lenders, letter, lowell, money, ofcom, office, ombudsman, pay, phone, phones, postage, rac, removal, rights, store, update, work
  • #2
    Re: Lovells chasing a "3" debt

    I'd formally complain in writing to 3 followed by ofcom formal complaint then finally a FOS complaint against the dca (Lowell).

    Basically formalise things. Obviously be arguing on the premise you proved the phone matched so why didn't they pay to fix? As such you utilised your consumer rights and stopped paying as they broke the contract by providing something unfit for purpose (ie broken phone).

    Just be polite and try and plead with 3 that it's their fault and if they don't retrospectively sort things then you'll go to the ombudsman (ofcom). Post back once you do that then we'll guide you on next steps but you must always deal with original creditor first. As for the dca just ignore them for now as you're formally disputing this.

    Make sense?
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    • #3
      Re: Lovells chasing a "3" debt

      ps formal complaint means in writing sent with proof of postage. Ideally pay for recorded delivery and send to the chief execs department for maximum effect. Not your local phones4you store! Although you do need to complain to their chief exec at the same time you do for 3.

      Basically 1 complaint each for p4u & 3. Tailor the same to suit the network and the store. Send to their head office address (google it). That's it for now. See what that does.
      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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      • #4
        Re: Lovells chasing a "3" debt

        Yes that all makes sense thanks for your advice and replies. I will draft him up the letters and get the ball rolling on this. Thanks again.

        Comment

        • #5
          Re: Lovells chasing a "3" debt

          Email addresses:
          phones-4-you - tim.whiting@phones4u.co.uk
          Three - david.dyson@three.co.uk

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          • #6
            Re: Lovells chasing a "3" debt

            Excellent. Send a copy via email with hard copy in post addressed to the same name

            Thanks cloggy
            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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            • #7
              Re: Lovells chasing a "3" debt

              Update on this situation. Contacted "3" and P4U and after initial silence P4U got in touch (CEO's Right hand man by phone)
              They stated off record that "3" were "no good" and that they no longer dealt with them due to lots of issues...but because of our negative experience and p4u's involvement that they would investigate and attempt to bring matters to a close. he stated that he would need to make some calls and would get back to us...

              Next day as good as his word and stated that he had contacted "3" and they "3" had stated that due to the issues experienced by the customer they had written off all charges and also any contract remaining and all that was left to pay was £126 in airtime. They stated this was done 12 months ago.....

              So P4U have said they will send me a £126 cheque to clear the balance with Lowells and that should be an end to it.

              Called Lowells up and related this to them (remember they already stated that they would accept £126 but only as a partial settlement with no removal of default and balance not showing zero)
              Anyway when we related the above to lowells they said they would get back to us after they investigated and spoke to "3"

              Anyway they Lowells called back today and stated that "The DISCOUNT is only valid till the 31st and will only be a partial settlement" stil no removal of default ect ect

              So what should we/he do now ? I hope you can get the drift of my message from what I have written I know it all seems complicated...but thats where we are just now. Anybody know what we should do next ? Any pointers ?

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              • #8
                Re: Lovells chasing a "3" debt

                Right we are nearing an end to this now. Between 3 and P4U they have reduced the debt to £126 which P4U sent a cheque to be used to pay Lowell to "clear" the debt. Lowell have now been paid and have been instructed by 3 that there is no more owing. So in effect it is a full and final.
                But Lowell are refusing to remove the default that they have placed on friends credit file. They will mark the file as paid up and satisfied and put a notice on the credit file to reflect this.
                Is there anything he can do to get/force Lowell to remove this default ? 3 and P4U said they have done all they are willing to do. But Lowell are not budging and have stated that the default will be removed after 6 years as they "own" the default....Seems rather petty to me.
                Any help/pointers of what to do from here ?

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                • #9
                  Re: Lovells chasing a "3" debt

                  Defaults are very difficult to remove once in place. Have a look at UPDATED - Defaults, The Law Removal - allaboutFORUMS

                  How long has the default been on the credit file? Most lenders will ignore them after 3 years, especially if it's the only one.
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                  • #10
                    Re: Lovells chasing a "3" debt

                    It is a pretty new default. This fiasco only started a few months back.

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