Help required - Debt Collection

rwd

Hello all
I have used the forum for a while and find the responses to be of great help. I am a first time poster so please bear with me...

I am being chased by Lowell for a debt they say they purchased from Three Mobile in August 2010 (with the original debt dating back to 2004)

I queried this with them as over the past 18 months I had been paying off any debt that appeared on my Exerian credit file. This was not one of them.

I contacted them asking them for some proof that the account did in fact belong to me. They replied and said that as it was a mobile phone contract that they legally did not have to provide a signed contract, but that they would contact Three Mobile for evidence of me having made some payments on the account to show that I do actually owe the money. They also said that the account would be placed "on hold" until they were able to do this.

Over the next month I check my credit report and this debt now appears on it and is actually listed as a default. I contact them (around 5 weeks after the inital contact) to advise them of this development and to chase up my request for some proof that I owe the money.

They say that Three Mobile actually registered the default in 2010 (with Call Credit and Equifax) but only did so with experian in December (2011) which fits in with when it appears on my Credit Report. They also say that "there is no legal obligation that states we must send this information within a certain time period".

By the end of March it will have been 3 months since I originally requested the information and, apart from them stalling, have had nothing in response from them.

I just want to know where I stand legally? Is there anything official/formal I need to do? Are they legally obliged to have done anything by now?

Apart from this, I am debt-free (if you don't count a mortgage!) and I really want to put an end to this.

Sorry I know it's rather a dull, familiar tale but any help is much appreciated.

:A

Debt-Free-Dave

bump for you.

MusicalLawyer

rwd wrote: »

I am being chased by Lowell for a debt they say they purchased from Three Mobile in August 2010 (with the original debt dating back to 2004)

If the debt dates back to 2004 - when you did last make a payment on the debt, or acknowledge that you owed it, in writing?

If it has been 6+ years, then it could be statute barred - ESPECIALLY as it isn't even appearing on your credit file.

rwd wrote: »

I contacted them asking them for some proof that the account did in fact belong to me.

Did you do this in writing or via the phone?
Really need to be done in writing, sent via Recorded Delivery so that they cannot say they never received it etc.

rwd wrote: »

Over the next month I check my credit report and this debt now appears on it and is actually listed as a default. I contact them (around 5 weeks after the inital contact) to advise them of this development and to chase up my request for some proof that I owe the money.

They say that Three Mobile actually registered the default in 2010 (with Call Credit and Equifax) but only did so with experian in December (2011)

If the debt was in 2004 they cannot add a default in 2010 or 2011.

If the debt is yours, try and find when you last made a payment on it - it sounds statute barred as it isn't even showing on your credit file. This would only happen is Three defaulted you in 2004/2005, and would have fallen off in 2010/2011. They can NOT add another default on either.

rwd

Thank you all very much for your replies.

I am, now, going to read up on the statute barred situation you mention.

As an update, Lowell have now forwarded me a copy of a mobile phone bill in my name with the original debt to Three detailed on it. Lowell themselves have actually more than doubled the original amount owed by adding their own fees on to the debt :think:


Before I do any kind of response I will endeavour to find out exactly where I stand legally. Thanks again.

:A