Lowell placed default on me after payment made

Vodafone

debbaz wrote: »

I received several threatening letters from Lowell about an old Vodafone account. I had given them notice but it was so long ago no longer have copies of anything, then they sold a "debt" of £160 to Lowell. I requested proof of debt, but they couldn't provide but kept threatening to place default on me. I gave in and paid because I thought for such small amount it wasn't worth the fight. But they have defaulted me anyway and now won't reply to any letters I send. How can I get this default removed?

Hi debbbaz,

I can understand the concerns you've raised here and I would like the opportunity to get this investigated further.

As such, could you email any details you have which relate to the account so we can track it down and see what happened?

To send the email you'll just need to use the Contact us form on our website here quoting the code WRT135 - FAO Lee in the subject line and I'll come back to you as soon as possible.

Kind regards,

Lee

Web Relations Team

Vodafone UK

butch6

Ok, I have my SAR envelope back from Lowell now and if the letters they have sent me are not default notices then hopefully I have found a way of getting the default removed thanks to George who posted

“ A Default Notice is a legal document and if they did not supply this in the SAR, then it is highly likely that they never sent one. This means they are in breach of the legislation and it should be removed. Some people try to get a default removed while the debt is still outstanding, so a creditor removes the default - then sends a default notice and adds a properly executed default the next month. At least they can't do this to you as there is no debt outstanding.”

I originally thought this default was for a cancelled three network phone that I cancelled within the first two weeks of having it. My SAR information show that it is actually for a T-Mobile contract I cancelled and my account was closed on 18th August, 2007 with an outstanding balance of £60.16. Enclosed in the file is a letter from T-Mobile reading:

“we hereby give you notice of the assignment of the debt due to us from you in respect of the balance of £60.16 outstanding on your account. On the 27 August, 2009 your account was sold to Lowell Portfolio Ltd”

I have a letter from Lowell dated 22 October, 2009 explaining that they have purchased the debt, the balance is now due to Lowell and the breakdown of the final balance. The letter explains how to pay by either phone or by post. “Once we receive full payment on your account we will update the credit reference agencies and your account will show as satisfied. If full payment is not made, or you have not set up a monthly repayment plan with the date of this letter, we will instruct our debt collection company Red Debt Collection Services to take appropriate steps to recover the balance.”

Next letter dated 10 November, 2009 is from Red Debt Collection and explains they have been appointed by Lowell to recover the outstanding monies. Details of the balance which is unchanged from the Lowell letter and stands at £60.16. They offer details of how to pay with the offer to discuss an alternative repayment proposal .

“I must inform you that if payment or an arrangement to repay this account is not in place within the next 10 days from the date of this letter, your account will be reviewed and a decision will be made as to the best form of recoveries”

Next letter dated 26 November, 2009 is a letter confirming payment balance outstanding as £00.00


Before I write to Lowell asking them to remove my default I would like to ask if anyone knows if any of the above letters count as "A Default Notice"?