Red Debt Collection (Lowells) & 3 mobile

JayS08

Hi George,

Thanks for the reply. I did not in fact send the SAR to Lowell in the first instance, but to '3' (since they are the original 'creditors'). I haven't paid the £10 for it yet since '3' didn't acknowledge the nature of my letter (the SAR) but instead chose to direct me to Lowell.

Do you suggest sending Lowell an SAR instead? I do require copies of the disputed bill -- not just a scrap piece of paper from Lowell/RED with no other information than the debt and an obscure account number -- but I fear that Lowell don't actually hold copies of original '3' bills.

Thanks,
Jay

rog2

JayS08 wrote: »

Do you suggest sending Lowell an SAR instead? I do require copies of the disputed bill -- not just a scrap piece of paper from Lowell/RED with no other information than the debt and an obscure account number -- but I fear that Lowell don't actually hold copies of original '3' bills.

I would send the SAR to '3', enclosing the £10 Statutory Fee. It does NOT matter that they have 'passed' the alleged debt to Lowell/RED, they must STILL send you copies of EVERYTHING that they hold about you.

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/subject_access_-_guide_for_data_subjects.pdf

You also need to inform RED/Lowell that you have disputed the debt with the original creditor, and remind them that it is contrary to OFT Debt Collection Guidelines - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf - for them to be pursuing a 'debt' which is in dispute.

JayS08

Thanks rog2,

You're the man. I'll just send them the first SAR letter again!
I already sent Lowell/RED a letter wishing not to be contacted whilst the SAR is pending.

J

benastin

Hey guys,

I have a similar problem to all the above, as in that my debt's with Red and 3G mobile. However mine is a little different...

Back in 2005 I had my 3 phone stolen and as I was in USA I didn't know, so when the next bill for £300 came to me in the post my dad cancelled the phone straight away.

I called 3 from USA and told them that the insurance should cover this and that I'm not liable, but they wouldn't accept that and wanted to start a payment plan (I had cancelled my direct debit). I declined this and said I'll wait to see what happens...they wrote me a letter and hassled me on the phone.

So...given advice from an ex-solicitor I agreed to write them a letter explaining the unfortunate way this debt came about and that I'm in no financial place to pay the bill. However, I included a cheque for £50 as a token of goodwill and a 'sorry' gift. I asked them that I hope this cheque could be...

'a full and final settlement of the account'

They rung me within days letting me know they weren't ready to accept the £50, HOWEVER, I then noticed on my bank statement that they had cashed the £50 cheque I sent them. When I told the solicitor this, he says that legally they have now accepted the full and final settlement of the account.

Is this true?? Can anyone help because I am now getting hassled by RED who are the second debt firm on my case. The first firm acknowledging the £50 cheque and passing the debt back to 3.

I now have RED on my case not accepting that the account should be closed. It really is getting me down because I have a bad credit rating now which I could really do with getting out of. I'm 26 and probably have a mortgage coming my way in the next year or so which I know I won't be accepted for....I can't even get a credit card at the moment and it's all down to this debt which should be written off.

Any help appreciated, I have sent a letter to RED, again explaining what's happened and awaiting there reply but not looking hopeful. I'm tempted to ring them to see if they have received my letter.

phew! this is a long post. Sorry guys but at my wit's end here.

Benjamin
money saving newbie!

GeorgeUK

Did you pay this solicitor?

If you are trying to do a full and final settlement, you need their confirmation that this will be accepted before sending any payment. As they did not agree to the F&F and you owed them money, then i don't think they have broken any law by allocating this towards the amount owed. I'd be glad if i was wrong, but can't think why your solicitor would have advised that.

I would write informing them that you do not acknowledge any debt to their company and request a copy of the airtime agreement as well as copies of the bills.

If you do a search on airtime agreements on the site you will see that others are trying to sort similar types of problems.

Also, it's usually best to start a new thread rather than just adding to the end of someone elses. You will get more responses that way.

benastin

Thanks George for the reply. I can't find where to post a new thread, hence the reply on this thread.

I've read a lot of RED, they seem dodgy and therefore don't really want to pay them this money, however I know it's my fault this debt has happened.

The reason 3 passed on this account to RED is because of the legal agreement they entered into when they cashed my cheque. The cheque was for no other payment other than 'full and final settlement of the account' which they then duly cashed meaning they accepted the settlement.

This was advised to me from my Dad's solicitor who has looked into the case. I think it holds water because the first DEBT company who bought the account passed it back to 3 once I posted them the letter I sent to three along with a statement showing that they had cashed the cheque. They actually rung me to inform me that they had passed it back because legally they can't claim these funds.

I just want to clear my bad credit to be honest, fed up with it all now!

Thanks for your help it is much appreciated

rog2

benastin wrote: »

Thanks George for the reply. I can't find where to post a new thread, hence the reply on this thread.

Hi Benjamin - George is quite right, in that your problem raises different issues, yet is no less important, and would, most probably, benefit from having its own thread.

To start a thread, all you need to do is to click on the 'new thread' icon, that you will find at the top of the DFW Forum Page.

When making 'Full and Final Payment Offers' it is always advisable never to make a payment until the creditor/dca has acknowledged, in writing, that the offer will be accepted in 'Full And Final Settlement'.

No other wording should be accepted, although in certain circumstances, some solicitors have, when sending payment, included, as a condition, that acceptance of the payment, by encashment, will constitute acceptance of the condition that the payment has been made 'In Full and Final Settlement', but you would need to check this with the solicitor.

The link/advice that most of us use for 'Full and Final Settlement Offers' is as follows:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=24_full_and_final_settlement_offers

Good luck.

benastin

Cheers guys,

I think I'm being really dumb and can't find the new thread link!!! sorry. I go to the forum main page and try to find it but no luck.

The full and final settlement was included in with a letter explaining my circumstances. It was added in cos there might have been a chance they'd accept it. They didn't, but then legally did by cashing it whether they've agreed to it or not. My solicitor (who I'm not paying :-)) and my dad who used ot be a solicitor both believe that if this went to court this would be upheld.

What's the feeling about RED, will there threats ever come to fruition? Sound like a load of cowboys!

Many thanks guys

rog2

benastin wrote: »

Cheers guys,

I think I'm being really dumb and can't find the new thread link!!! sorry. I go to the forum main page and try to find it but no luck.

If you look towards the top of this page, you will see an icon marked 'Post Reply'. Do NOT touch that. Now go to the main 'DFW' page - the one with all the 'stickies'.
The 'new thread' icon is in the same position, on that page, as the 'Post Reply' icon is on this page.
Hope that makes sense.

And yes, Red/Lowell are, indeed, a bunch of Cowboys - but they are very 'persistent' and as difficult to 'deal with' as haemorrhoids.

benastin

Found the link, cheers. You'd think I'd be 66 not 26!! :-)