Mobile Query

[Fergie76]

Wife got a letter from Lowell, reference a mobile phone contract that was defaulted on a few years back. I sent them a prove it letter.

Got a letter in response saying that they had bought the debt from O2 and they enclosed a computerised print out of payments made on the account.

I just ignored this letter.

A few weeks later received another letter say despite previous letters, no payment, blah, blah, blah.

So I sent them another letter saying, account was in dispute, do not contact etc.

They replied saying, they have sent statement of account (I assume they mean the computer print out, mentioned above) and that as it's a mobile contract it's not covered by the CCA 74 (which I was aware of).

However, my question is does sending a computer print out constitute proving that it's my wife that owns the debt, as they could send that to any one they want and say you owe us money?

Thanks in advance.

[Never-In-Doubt]

Re: Mobile Query

No it doesn't prove it's your wife but if she had the account, lying ainst such a great idea.

You'd be best ignoring them as opposed to trying to fight it. When was last payment made, incidentally?

[Never-In-Doubt]

Re: Mobile Query

ps nice to see you again!

[Fergie76]

Re: Mobile Query

No it doesn't prove it's your wife but if she had the account, lying ainst such a great idea.

You'd be best ignoring them as opposed to trying to fight it. When was last payment made, incidentally?

Thanks.

I've never said to them it wasn't hers, just asked them to prove it.

Last payment was in '07, I think, so still 3 years to go.

And it's nice to be back, been busy with work!

[Never-In-Doubt]

Re: Mobile Query

I'd just send anything back as unknown....

Can't do much harm...

[Fergie76]

Re: Mobile Query

I'd just send anything back as unknown....

Can't do much harm...

Ta.

[Fergie76]

Re: Mobile Query

OK, another update.

Received another letter last week from Red and a telephone call (actually a text message to my hone phone) from Red.

On their letter Red say if my Wife doesn't respond, they will obtain a copy of her Credit File and review it so that they can gain a better understanding of her finances.

Her credit file will also help understand:

1. What assets she has.
2. Other financial commitments, such as credit cards and other borrowing.
3. Her ability to repay.

Can they obtain her credit file for this purpose? I thought it was for ID verification only? ???

Against your better advice above, Niddy, I today sent them this email:

Good afternoon,

You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that I have no knowledge of any such debt being owed to Lowell. I am familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, 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.

I 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 and in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive and unfair methods. Furthermore ignoring and disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical & psychological harassment.

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question and await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

I today received a message from yourselves on my phone requesting that I contact you right away. I hereby formally place you under notice, (section.7 Data Protection Act)and demand you take this authority to cease with immediate effect, from calling me and also update your records to reflect my request to remove all telephone numbers listed.

This is your final warning



Cheers.

[Fergie76]

Re: Mobile Query

As a side issue, as the amount is not very much (£116), if she decide to try and come to an arrangement with them a F&F settlement, what would be a good ball park figure to start at (20%?) and should be the maximum she should agree to?

Thanks again.

New forum is looking great, Niddy. Shame about your team last night though!

[Never-In-Doubt]

Re: Mobile Query

Mate I would NOT have sent that letter!

best of luck - hope it works for you.....

[Fergie76]

Re: Mobile Query

Mate I would NOT have sent that letter!

best of luck - hope it works for you.....

Knew you were gonna say that.

Aw well, that was why I posted the second time for ball park figures. Can't afford to pay it this month, but probably can next month if, they agreed to about £50-70 as a F&F, obviously the lower the better.

Cheers.

[Never-In-Doubt]

Re: Mobile Query

Knew you were gonna say that.

Aw well, that was why I posted the second time for ball park figures. Can't afford to pay it this month, but probably can next month if, they agreed to about £50-70 as a F&F, obviously the lower the better.

Cheers.

why though? Just pay me £50 or £70 if you're giving money away mate?

I don't see the urgency to pay this.....

anyway, see what they say yea?

[Fergie76]

Re: Mobile Query

No urgency.

I'll wait and see what they do.

Cheers, all the best and have a great holiday.

[billypre]

Re: Mobile Query

Just pay me £50 or £70 if you're giving money away mate?

I'll join that queue