Lowell - TMobile

Marmeduke

Hi

My husband received a letter from Red debt collection advising that he owed £700 to TMobile, however he hasn't had a TMobile account for over 6 years.

We wrote to them with the standard letter: -

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond 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 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose £1 in payment of the statutory fee.

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

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

However we received a letter back from Lowell stating the following: -

We have noted the contents of your letter and your request for a copy of the contract. We can advise that this is not a regulated agreement under the Consumer Credit Act 1974, and therefore our client has no obligation to provide a signed agreement under the provisions of the act.

In the case of mobile contracts, inserting the SIM card and usage of the equipment is taken as acceptance of the terms and conditions of the contract.

We have however requested copy statements which will show how the above balance accrued.

Can anyone please give me some advice on this and if what Lowell are stating is true as surely that means anyone can take out a mobile phone contract in someone elses name and run up a hugh debt, leaving the poor unsuspected person to pick up the bill.

Tixy

Hi

Ther are right - you were wrong to ask for a copy of the credit agreement under the consumer credit act as this does not apply to mobile phone contracts. You should have sent them a prove it letter - asking them to prove the debt was his - they have to provide some proof of the debt, just not a consumer credit agreement.

Prove it letter - http://forums.moneysavingexpert.com/showpost.php?p=11570893&postcount=2

You say he hasn't had an account for 6years - did he owe them money on the contract that he is aware? or does he think he waited until the end of the contract and paid off all money due?

If he is certain he paid up his contract in full then it could be a mistaken identity letter - they may be after someone with the same name? but that should easily be seen when they provide proof (eg if its an address he never live at or a different date of birth etc).

If it is his debt then it could be statute barred already or could be soon (depending on when the contract was due to end, and when he last paid them etc)