Another Lowell / Red Cred / 3 Mobile issue

qwerty42

I am hoping that someone is able to give me some advice regarding a 3 mobile / Red Cred / Lowell problem. I have read through numerous posts on this site from people who seem to have had similar problems and this is where I am up to.

While at university I had an old contract with 3 Mobile back in 2008 which was cancelled by mutual consent; I had several complaints over the service and conduct of staff, constant signal and call quality problems and the result was that we agreed to part ways.

I thought nothing more of it and heard nothing more from them for 3 years, switching to O2 who I was with for a year or so and now most recently T-Mobile who again have been fine.

Fast forward to 2011 and I started to receive letters from Red Cred and Lowell, along with calls to my now parents house regarding a supposed outstanding debt to the tune of a couple of hundred pounds.

After reading some posts on here I have sent them the 'Prove it' e-mail and informed them that I no longer lived at the above address and that they were harassing my parents; I informed them that they could contact me via e-mail only.

They responded by saying that they couldn't do that and shock horror wanted me to kindly provide them with my current address, which I refused to do and insisted the communication be via e-mail.

Despite seemingly not be able to use e-mail I have received an offer to pay 50% or 30% etc ie. clutching at straws

My issue is that I decided to check my credit report with Experian and Call Credit, as I want to apply for a Career Development Loan and was shocked to find it was so low (525)

Since leaving University I have cleared off my overdraft, now work for a government department, have had several mobile / Sky TV / Car insurance contracts etc and not missed payments on any of them

The only blot on my file seems to be defaults listed in 2009 all under the Lowell / Red Cred banner!

Having had no reason to check my credit report before I am shocked and angry to find it as I have. (I do realise in hindsight now that I should have checked, but had no real reason to until now)

My question is where do I go from here? I obviously want the defaults removed from my file as I currently look to have no hope at securing a Career Development Loan with that rating. It seems unfair that a debt that I most definitely do not owe has been dragged up and can be used to affect my rating without any contention from me?

Any help would be thoroughly appreciated, MSE has been a great help previously and I hope people can pull through again for me!

Experian_company_representative

Did you get any written proof when you closed the account in 2008? If so, write to them enclosing this. You should also insist that they provide evidence of the debt, making it very clear you dispute it. Giving them your current address shouldn't be an issue as the default will appear on your credit report anyway at your previous address. If the debt turns out to be bogus then the data will be removed from your credit reports. You could add a note to your credit report explaining the circumstances in the meantime but to be honest, in the currrent climate, you really need this data off your report before you apply for any loan.

James Jones

MissShoes

Same as above- was the cancellation of the contract by mutual consent in writing?

qwerty42

Thank you both for the quick replies.

Unfortunately I don't have anything in writing, it was all done over the phone with their customer service manager after finally managing to speak to someone who seemed to know what he was doing.

They said they would write out to me confirming the cancellation but at the time I never thought to chase it up, which in hindsight was foolish.

I have heard literally nothing from 3 since then until these letters from Lowell / Red Cred started arriving.

Its just so annoying as for the sake of £100 I'd rather just get it removed from my file not argue the toss as galling as it is. Will the defaults stay on the file if I just bend over and pay these idiots or is the only way to have it wiped to contest that I owe anything?

Thanks again

qwerty42

Hi all - back again as I'm being harassed again by the same company(s)

I've attached scans of the letters I have been sent with the details removed - the 'Red Cred' one is from May last year, 'Lowells' one is from October this year and the 'Advantis' one is from November this year.

When I sent them the letter saying prove it last year they stopped calling and the first I have heard is this letter from October which I've only just picked up - have been away from home.

With this new quick succession of letters are they just trying their luck or can they have a CCJ filed against me?

I feel its incredibly unjust to pay anything to them, especially when its such a farce (writing to me offering me amounts to pay in full in the past) but at the same time I don't want a random CCJ on my file that I've done nothing to deserve.

Would appreciate some further advice based on the letters guys, thanks.

FireWyrm

Those look like standard threat-o-grams. Its clear that Lowell have paid no attention to your letters/emails.

You say that you dont have any written proof of the cancellation of the account, but would there be any mileage in contacting 3 and getting it?

I wouldnt bother with a Prove It letter since they'll just claim that a mobile phone contract doesnt require a CCA, so, go down the 'Not my debt' route with a 'closed account' twist. Tell them that continued interference in your life will be construed as harrassment and you will not tolerate it. Advise them that they must cease their activities immediately and that you will complain to the OFT.

Dont bother paying them, it wont wipe the default, but you have every right to dispute the default directly with Experian/Equifax so I suggest you do so. You really need that written evidence from 3 as to the status of the closed account and ideally a written explanation as to why a debt was wrongly sold to Lowell and you are currently being pursued.

fermi

FireWyrm wrote: »

I wouldnt bother with a Prove It letter since they'll just claim that a mobile phone contract doesnt require a CCA, so, go down the 'Not my debt' route with a 'closed account' twist.

I can't see where the OP says they sent a CCA request?

A "prove it" letter ≠ a CCA request in all cases.

In fact, referring to it as such can get people into some bother if they use one thinking it is.

See: http://forums.moneysavingexpert.com/showpost.php?p=57422683&postcount=2

qwerty42

FireWyrm wrote: »

Those look like standard threat-o-grams. Its clear that Lowell have paid no attention to your letters/emails.

You say that you dont have any written proof of the cancellation of the account, but would there be any mileage in contacting 3 and getting it?

I wouldnt bother with a Prove It letter since they'll just claim that a mobile phone contract doesnt require a CCA, so, go down the 'Not my debt' route with a 'closed account' twist. Tell them that continued interference in your life will be construed as harrassment and you will not tolerate it. Advise them that they must cease their activities immediately and that you will complain to the OFT.

Dont bother paying them, it wont wipe the default, but you have every right to dispute the default directly with Experian/Equifax so I suggest you do so. You really need that written evidence from 3 as to the status of the closed account and ideally a written explanation as to why a debt was wrongly sold to Lowell and you are currently being pursued.

Ok will look to dispute it with Experian / Equifax and try and write a letter of explanation. I have written to 3 but have tried this before with no luck.

As it stands, with nothing from 3, are Lowell able to make things worse for me, ie with a CCJ or something? Or like you said is it simply worth ignoring them if its not going to clear the default anyway?

Thanks for the response and sorry for the belated reply

qwerty42

They're now ringing my house on a daily basis - 3 or 4 times.

So I should say that that construes harassment? Who would I say I'm reporting them to?

Thanks

mcjordi

Report to OFT and send them the harrasment letter. letter on here under templates i think

qwerty42

Thank you

I hoping to get some clarification on the CCJ issue as well - are they able to do this? Or is it only the parent company?