I don't remember this??!!

princesssal

Hi, just received a letter today saying that I owe £549.47 to Three for a mobile phone contract I took out on 22/02/2007. I don't remember doing this, but I have had a Three contract for years and years and just continued it when it has ran out I don't think I have taken another one out to replace one. This sum is £108.58 arrears and £440.80 early termination fee and I know for a fact I wouldn't do something if it meant I had that much early termination fee!!!!! The letter claims that they have tried to contact me previously but that I might not have heard from them for some time possibly as my address has changed from what they have on record. But I've lived in my house I'm in now since at least January 2007 so before this contract was taken out, my address has not changed. Besides the fact as I said I currently have a Three contract which is up to date and they have my full details on record.

The letter says I need to pay the outstanding balance within 20 days else their debt purchasing partner will contact me. Well, I have no intention of doing this, but what are my rights here? I prefer to deal with issues via letter rather than telephone so that I have a record of what's been said.

fermi

Red Collection / Lowells by any chance?

Have you queried it with 3?

Sounds like someone (3 or the debt collector) has messed up big style, and got someone else's account/debt mixed up with yours.

fermi

Basis of a letter to adapt to your case: http://forums.moneysavingexpert.com/showpost.php?p=11570893&postcount=2

[Deleted User]

By the sound of it you need to start with a prove it letter - there's a template on here somewhere (just had a quick look and I can't find it - hopefully someone more knowledgeable will be along and post a link.

D9


EDIT: I was to slow after trying to find the link to the letter that fermi beat me to it!

princesssal

thanks for the quick help and yes, it is Lowell. Is that good or bad? Are they known for mucking up?

fermi

princesssal wrote: »

thanks for the quick help and yes, it is Lowell. Is that good or bad? Are they known for mucking up?

They are known for going after debts that are dubious in their legality or enforceability to say the least.

They also seem to buy up a lot of mobile phone debts that the original provider can't collect. Quite possibly sold because the provider (like 3) are aware that there is something wrong with them, so they offload them onto Lowells cheaply.

Their have been a lot of similar cases on here in the last few years, which is why I guessed it was them.

Lowells/Red lie through their teeth and bully if you try to phone them, so don't do that.

Keep in to letters.

As said, firstly I would double check with 3. If you can confirm with them that you do not owe, and have never owed this debt, then Lowells/Red won't have a leg to stand on.

princesssal

Just to update, I have had this morning a further letter from them with my address and name but different account details and phone number but a larger amount owing, £678.88 this time. Now I KNOW this has got to be a mistake, not only to have one but two now, for different numbers and amounts, but apparantly started on the same date...Shall I send another prove it letter??

Culex

Yes, along with a copy of the first and a covering letter asking them to look through their files for any other mobile contracts they might like to allege you'd had.

princesssal

So after receiving 2 letters from 3 saying I owed nearly £1300 from 2007 spread over two accounts which I have no recollection of ever having I sent the "prove it" letters as advised. I got a reply this morning but it is not what I was expecting. The letter says

"Thanks for contacting us about the remaining balance of the account.

As we haven't received payment from you for your last few bills, we've had to pass your account to the debt collection agency, Lowell Portfolio Ltd. They'll be geting in toch with you soon to talk about settling the outstanding balance.

If you've got any quesions or want to make a payment, please contact them on 0113 308 6014. Or you can write to them at:"

then it has their address.

Soooo...they obviously didn't read my last two letters telling them to prove the debts were mine else not to contact me about it again, so where do I go from here. On a side note, is this going to affect my credit rating??

RAS

Did you send the letters registered post? When were they signed for?

super_g

tooth and nail love... one has to fight.. did your prove it letter include a request for a full statement history and copy of the signed agreement... if they don't have a signature on a contract then it is hard to pin..

i think a lot of companies choose to ignore first, use scare tactics, spread details around etc. you call one.. and they say it has been sent to another.. some even pursue debts that have been statute barred.. i wouldnt worry about it... you have no recollection of any kind of debt.. they have failed to provide evidence that you do.. so it would fall flat on its face in a country court... just double check your credit history if you have not already to make sure nothing sinister has happened in the past without your knowledge... why or why eh? goodluck and chin up