CCJ - Lowell/Nationwide Advice Needed Please

Hello

I am new to this forum and looking for urgent help.

I had signed up for a mobile network provider in 2007 and in 2012 i cancelled my contract over the telephone as I had to leave the country for my treatment as I was terminally ill. I thought of continuing the contract and hence kept my direct debit still going- however, due to dispute with the charges for receiving messages on wats app etc which was double the amount of actual contract I call the network provider and disputed the charges and being informed otherwise by their customer service advisor before leaving the country. Although, I had been a very loyal customer for 5 years and never missed a single payment they didn't seem to bother much initially. However, after a few phone calls they agreed to close the contract in november 2012 (this was done over the telephone). As was not in the right state of mind due to all the medication and chemo therapy I didn't think if getting a written confirmation.

After that I received a couple of letters from a DCA called Moorfcraft. So I called them and explained the situation and they agreed with everything and apologized and said they would close the account on their system too.

Now after 2 years I have returned to the UK and last week I received a letter from Lowell saying they have bought my account from T-mobile on a dodgy T-mobile letter head (printed on a printer at Lowell office). And it the letter from Lowell mentions I owe them XXX amount for the cancellation of contract and xxx amount for airtime.

I called them to dispute this and told them what had happened. They immediately accepted to cancel the xxx debt for airtime. However, they said I would need to pay for early termination of contract.


I asked them to then send me all the documents/agreements they have from t-mobile for the same- however, they just sent a second letter just splitting down the 2 cost's. As far as I remember I was on a rolling contract at this point of time of my contract and hence t-mobile didn't bother asking for a termination fee.


I am currently 5 months pregnant and these horrible letters from lowell are really stressing me out.


Please can someone suggest what should I do?

Reading a few different websites I have gathered that Lowell are chancer's and can be fraud too.


I have decided to write to them regarding CCA request as below:

---

I acknowledge the letter from you dated xx October 2014. However, as discussed over the telephone I do not acknowledge any debt to your company or T-mobile.

With reference to the above reference, I require you to supply the following documentation before I will correspond with you further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974.

2. A full statement of account.

3. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

4. A copy of any other documents referred to in the agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a copy of our credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. Please note that under no circumstances should this payment be set aside any alleged debt. If you are unable to supply the documentation requested, this fee should be returned.

I understand a copy of our credit agreement should be supplied within 12 working days. If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

◦ make the debtor pay the debt before they're supposed to
◦ get a court judgment against the debtor

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I look forward to hearing from you.

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Can someone please suggest if this is the right thing to do or any other suggestions are welcome?

Many Thanks

Hi,
As Fatbelly says the CCA does not apply to mobile contracts.
There is no formal paper contract anymore either, you are deemed to of accepted the contract by using your mobile phone, so basically all they could potentially send you are copies of airtime bills.


There are two mobile ombudsman services that deal with mobile phone complaints, you will find more details here :


http://www.which.co.uk/consumer-rights/action/how-to-complain-to-the-ombudsman-about-a-mobile-phone-provider