3 Mobile + Lowell Portfolio 1 £700 plus bill six years later?!

Carnage437

In 2006 whilst still at university I received a call from 3 Mobile offering me a new mobile phone. I was in a contract with Orange at the time that still had six months left to go and the salesman offered a solution to this: Three Mobile weren't meant to charge me for the first six months or so (it's six years a go so the details are hazy) and they did so we cancelled the contract with three and sent numerous letters and my mother even went into the shop to sort this out. We thought the matter ended until yesterday when I received a letter from Lowell Portfolio informing me they have purchased my account from three and that they require £700+ in debt from me.
I have not heard a thing from three in over six years so I am slightly perturbed that Lowell could get my address so easily in the first place. Especially because the name they have addressed it to is wrong (an error made by Three when the account was first set up) so how have they gotten my new address? Also and more importantly, where do I stand on the debt? I only had the contract before it was cancelled in writing for 2 months at most so it couldn't be more than £80 and if three were so concerned about it why didn't they chase it sooner?
What can I do? Any advice appreciated. Should I even acknowledge the debt seeing how it is not even in my name.

Aldrich22

I am a bit confused. Is it Orange that weren't supposed to charge you? Can't imagine a 3 salesman helping you out of a 3 contract.
Anyway, there are limits on debts (6 years in certain circumstances!), see here for example:
http://www.cleardebt.co.uk/debt-advice/downloadable-debt-help-guides/out-of-date-debt/

Good luck,
Mike

Pixie_S

Mike is right, if it's more than 6 years since you 'defaulted' then the debt is statute barred and they cannot claim on it. You would need to check with 3 when the account first entered into arrears.

The best thing to do with Lowell portfolio is send them the standard 'prove it or get lost' letter (Called a CCA request): - (there is also a statue barred letter on there further down if you find out this is applicable).
[Ok turns out I can't post links as a new user but if you search these forums for a post called 'Unenforceability and Template Letters' you will find them.
Nine times out of ten when a debt is so old, Lowell will have no paperwork on it whatsoever. They buy debt up very cheap in the hope that they can scare people into paying up without providing the correct documentation.

Come back to us when you've sent either of those two letters and we'll help you out with the rest.

Good luck, Lowlife are parasites!

Silk

Pixie_S wrote: »

Mike is right, if it's more than 6 years since you 'defaulted' then the debt is statute barred and they cannot claim on it. You would need to check with 3 when the account first entered into arrears.

Thats not the important date I'm afraid

The date to check is when the debt was last acknowledged and it would then become statute barred from that date ....The OP says that .....

Three Mobile weren't meant to charge me for the first six months or so (it's six years a go so the details are hazy) and they did so we cancelled the contract with three and sent numerous letters and my mother even went into the shop to sort this out.

So whilst the debt is 2006 and wold be out of date by 2012 if the OP spent 12 or 18 months in written communication that would take it to 2013/4 etc

Carnage437

MikeWhite wrote: »

I am a bit confused. Is it Orange that weren't supposed to charge you? Can't imagine a 3 salesman helping you out of a 3 contract.

It was three who weren't supposed to charge me as I was still in a contract with orange when I joined three mobile. That was the deal.

Will post the prove it letter this week and get back to you all. Thanks a lot.

Pixie_S

Ah yes Silk, my bad, you're right.

You need to find out when last acknowledgement of the debt was, either by way of written communication, payment, etc.

Let us know when you receive a reply from the 'prove it' letter and we'll take you from there