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Hi all, I have been receiving letters from a company called Lowell for quite some time now, regarding a debt I have with O2. The problem is I had a contract phone for 4 years with O2 and in the 4th year I decided to not continue with the contract. I called O2 and told them I would not be entering into another year and was told I needed to send a written letter, which duly obliged. 2 years went by and for some reason O2 hit me with a bill for £252, so I contacted O2 and told them I wasn't willing to pay for a service I did not request or use. I have now been getting letters from Lowell asking for the balance to be paid or court action will take place. I wrote to Lowell basically asking for proof of how I owe this money and after months of nothing I have received a letter with some half assed bill on the back of their letter, and again asking for it to be paid in full. Is their anything I can do about this bill as I don't believe I should pay it, especially as the service was not used?
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#2 pepe2008 04-08-2010, 7:47 PM
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In the first instance, send them the same letter as you sent last time and see what happens.
Just dont admit the debt in any way.
Without Trucks.........Britain Stops.
God looks after drunks and fools, everybody else has to help themselves.
#3 macka09 04-08-2010, 7:50 PM
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I haven't admitted the debt in any way but this debt dates back to March 06?
#4 bottleofred 04-08-2010, 9:22 PM
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Hi Macka09
Send them the prove it letter below and see what kind of response you get
1 High Street,
Newtown,
Kent
R21 4RH
October 9, 2007
The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG
Dear Sir/Madam
Ref: xxxxxxxxxxx
You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.
We would point out that we have no knowledge of any such debt being owed to The Loan Company.
We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.
We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.
Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.
We would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question.
We await your written confirmation that this matter is now closed. Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.
We look forward to your reply.
Yours faithfully
Mrs A N Other
Respect everybody, but be in awe of nobody!
If you've nothing decent to say, perhaps you shouldn't say anything.
Hoping to be debt free by 2011
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#5 macka09 23-10-2010, 6:07 PM
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Hi all, I followed your advice and sent the letter above to the people who are contacting me and I'm still getting demands for money? I emailed the debt company and told them they wouldn't be getting the money due to me not signing up or using the services there saying I had. Originally the company called Lowell was chasing me and now I have a company called RED threatening me. I emailed them both asking why both companies were demanding money, and RED wrote back saying that Lowell had passed it to them. So I reiterated what I had previously said, and I'm still getting threatening letters now saying that I can pay a reduced amount of £177. If I don't pay in 10 days they will pass it over to Hamptons Legal. Is their anything else I can do? They still haven't provided any proof of me taking out a contract with o2????
#6 fermi 23-10-2010, 6:14 PM
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Lowell, Red and Hamptons Legal are all the same company.
Just the same company using different letter heads/trading names.
So just treat them all the same.
If they provide no proof, they can take a long walk off a short pier.
I'm a Board Guide on the Debt-Free Wannabe, Bankruptcy, Employment, Redundancy and Benefits boards. I'm a volunteer to help the boards run smoothly, and I can move and merge threads there. Any views are mine and not the official line of moneysavingexpert.com. If you spot an abusive or illegal post then please report it to abuse@moneysavingexpert.com (it's not part of my role to deal with abuse).
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#7 macka09 23-10-2010, 6:27 PM
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Oh thanks for that, but how can I stop them harassing me?
#8 ru20205 23-10-2010, 7:21 PM
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Perhaps you could write back the same letter as bottleofred enclosed but this time quote Sections 1 & 2 of the Harassment Act 1997:
Section 1:
A person must not pursue a course of conduct—
(a)which amounts to harassment of another, and
(b)which he knows or ought to know amounts to harassment of the other.
Section 2:
(1)A person who pursues a course of conduct in breach of section 1 is guilty of an offence.
(2)A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.
This effectively defines harassment as conduct causing alarm or distress including speech and or writing (letters) and it must involve the behaviour being repeated on at least two occasions.
This may, to some people, come accross as a bit extreme, but ultimately they are harassing you. The fact they have failed to prove any evidence for the reasons they are harassing you strengthens your case. Perhaps quoting the wording of the law in a letter to them may shake them off.
It could be that the reason you have got a letter from another 'company' (although as fermi has said, it is still the same company as is Hamptons legal) may be down to the fact you have mentioned harassment in your letter you sent to Lowell's previously.
These types of companies are not stupid and they may have sent the same letter to you on another named headed paper to escape the requirement (of the harassment act 1997) for the harassment to have occured on 2 seperate occassions within 12 months.
I would try to locate concrete proof (documentation) Red, Lowell and Hamptons are the same company and quote in your next letter the above sections of the harassment act and advise that unless they either provide proof or stop sending letters you will take them to the Police.
Just to reiterate, you can do this, as it is harassment by the letter of the law. As a former police officer I have dealt with similar intances previously. The police will not go arresting them or putting restraining orders on them, but they can take it to the next level if they do continue to harass you unlawfully and having them involved, makes things more serious. They may, if you requested, provide a crime incident number to you so you could quote to the financial banking ombudsman should you decide to complain to them too.
This is just suggestions mind, i am not a lawyer or legal representative, but do have experience dealing with the harassment act 1997.
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#9 macka09 26-11-2010, 7:56 PM
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Hi all, quick update. I followed the steps above but to no avail. I am still receiving letters requesting the money and also emails too. I really don't know what else I can do???????
#10 macka09 16-01-2011, 3:23 PM
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Hi all, I'm still having letters delivered to me, only now their from Hamptons Legal. The latest letter I have had is one offering me to settle the bill at half the price or £40 instalments. I really am confused as to what to do? As I have requested proof of the amount I owe from o2, and up to now I have not received anything. Could Hamptons Legal take me to court over this?
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#2 pepe2008 04-08-2010, 7:47 PM
Fantastically Fervent MoneySaving Super Fan
Join Date: Aug 2008
Location: On a hill, keeping perfectly still
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In the first instance, send them the same letter as you sent last time and see what happens.
Just dont admit the debt in any way.
Without Trucks.........Britain Stops.
God looks after drunks and fools, everybody else has to help themselves.
#3 macka09 04-08-2010, 7:50 PM
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Join Date: Dec 2009
Posts: 18
Thanked 12 Times in 5 Posts
I haven't admitted the debt in any way but this debt dates back to March 06?
#4 bottleofred 04-08-2010, 9:22 PM
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Join Date: Apr 2010
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Hi Macka09
Send them the prove it letter below and see what kind of response you get
1 High Street,
Newtown,
Kent
R21 4RH
October 9, 2007
The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG
Dear Sir/Madam
Ref: xxxxxxxxxxx
You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.
We would point out that we have no knowledge of any such debt being owed to The Loan Company.
We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.
We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.
Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.
We would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question.
We await your written confirmation that this matter is now closed. Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.
We look forward to your reply.
Yours faithfully
Mrs A N Other
Respect everybody, but be in awe of nobody!
If you've nothing decent to say, perhaps you shouldn't say anything.
Hoping to be debt free by 2011
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#5 macka09 23-10-2010, 6:07 PM
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Join Date: Dec 2009
Posts: 18
Thanked 12 Times in 5 Posts
Hi all, I followed your advice and sent the letter above to the people who are contacting me and I'm still getting demands for money? I emailed the debt company and told them they wouldn't be getting the money due to me not signing up or using the services there saying I had. Originally the company called Lowell was chasing me and now I have a company called RED threatening me. I emailed them both asking why both companies were demanding money, and RED wrote back saying that Lowell had passed it to them. So I reiterated what I had previously said, and I'm still getting threatening letters now saying that I can pay a reduced amount of £177. If I don't pay in 10 days they will pass it over to Hamptons Legal. Is their anything else I can do? They still haven't provided any proof of me taking out a contract with o2????
#6 fermi 23-10-2010, 6:14 PM
Deliciously Dedicated Doubly Diehard MoneySaving Devotee
Join Date: Apr 2007
Location: Planet Express
Posts: 19,505
Thanked 26,360 Times in 13,056 Posts
Lowell, Red and Hamptons Legal are all the same company.
Just the same company using different letter heads/trading names.
So just treat them all the same.
If they provide no proof, they can take a long walk off a short pier.
I'm a Board Guide on the Debt-Free Wannabe, Bankruptcy, Employment, Redundancy and Benefits boards. I'm a volunteer to help the boards run smoothly, and I can move and merge threads there. Any views are mine and not the official line of moneysavingexpert.com. If you spot an abusive or illegal post then please report it to abuse@moneysavingexpert.com (it's not part of my role to deal with abuse).
Free & impartial debt advice: National Debtline | Consumer Credit Counselling Service (CCCS) | Find your local CAB
IVA & fee charging DMP companies: Profits made from your misery - Motivated ONLY by greed.
#7 macka09 23-10-2010, 6:27 PM
MoneySaving Convert
Join Date: Dec 2009
Posts: 18
Thanked 12 Times in 5 Posts
Oh thanks for that, but how can I stop them harassing me?
#8 ru20205 23-10-2010, 7:21 PM
MoneySaving Convert
Join Date: Oct 2010
Posts: 31
Thanked 19 Times in 11 Posts
Perhaps you could write back the same letter as bottleofred enclosed but this time quote Sections 1 & 2 of the Harassment Act 1997:
Section 1:
A person must not pursue a course of conduct—
(a)which amounts to harassment of another, and
(b)which he knows or ought to know amounts to harassment of the other.
Section 2:
(1)A person who pursues a course of conduct in breach of section 1 is guilty of an offence.
(2)A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.
This effectively defines harassment as conduct causing alarm or distress including speech and or writing (letters) and it must involve the behaviour being repeated on at least two occasions.
This may, to some people, come accross as a bit extreme, but ultimately they are harassing you. The fact they have failed to prove any evidence for the reasons they are harassing you strengthens your case. Perhaps quoting the wording of the law in a letter to them may shake them off.
It could be that the reason you have got a letter from another 'company' (although as fermi has said, it is still the same company as is Hamptons legal) may be down to the fact you have mentioned harassment in your letter you sent to Lowell's previously.
These types of companies are not stupid and they may have sent the same letter to you on another named headed paper to escape the requirement (of the harassment act 1997) for the harassment to have occured on 2 seperate occassions within 12 months.
I would try to locate concrete proof (documentation) Red, Lowell and Hamptons are the same company and quote in your next letter the above sections of the harassment act and advise that unless they either provide proof or stop sending letters you will take them to the Police.
Just to reiterate, you can do this, as it is harassment by the letter of the law. As a former police officer I have dealt with similar intances previously. The police will not go arresting them or putting restraining orders on them, but they can take it to the next level if they do continue to harass you unlawfully and having them involved, makes things more serious. They may, if you requested, provide a crime incident number to you so you could quote to the financial banking ombudsman should you decide to complain to them too.
This is just suggestions mind, i am not a lawyer or legal representative, but do have experience dealing with the harassment act 1997.
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#9 macka09 26-11-2010, 7:56 PM
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Join Date: Dec 2009
Posts: 18
Thanked 12 Times in 5 Posts
Hi all, quick update. I followed the steps above but to no avail. I am still receiving letters requesting the money and also emails too. I really don't know what else I can do???????
#10 macka09 16-01-2011, 3:23 PM
MoneySaving Convert
Join Date: Dec 2009
Posts: 18
Thanked 12 Times in 5 Posts
Hi all, I'm still having letters delivered to me, only now their from Hamptons Legal. The latest letter I have had is one offering me to settle the bill at half the price or £40 instalments. I really am confused as to what to do? As I have requested proof of the amount I owe from o2, and up to now I have not received anything. Could Hamptons Legal take me to court over this?
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