Lowell Group and Debt Managers

TMCUK

Hi All.

I've been having some problems with both Lowell Group and Debt Managers in relation to a old O2 contract dating back to 2007.

Having had my phone stolen, O2 notified me that my insurance didn't cover the loss or the unauthorised calls and after about 3 months of calls backwards and forwards, nothing was ever resolved. A few months went by without any contact until I received a letter from Lowell asking for the amount of £1,200. ( which was well above the unauthorised call amount and remaining contract )

Years have now gone by and I continually got phone calls and letters from Lowell asking for the money, which I have politely ignored after looking at how difficult they appear to be to deal with having looked at other posts on this forum.

Recently it would seem that Lowell have now sold the debt on to a company called Debt Managers and today I received a very distressing call from an elderly relative saying that they have been receiving harassing calls from Debt Managers demanding the money.

I've never had anything registered at this relatives address and some how they have all of her contact information.

Can anyone offer advise as to the next steps to take?

Many thanks,

Tom

JustinCredibleGillespie

Does your relative share your name?

JCG

xx

JustinCredibleGillespie

N.B The debt will also be statue barred in 2013 if you havent made any payments since 2007, so I would just keep ignoring them. They will go away.

JCG

xx

TMCUK

Thanks JCG, but taking a look at my credit report it would appear that the default date is 2009 but the start date of the contract is 2007.

Doesn't it have to be 6 years from the default date rather than the beginning of the agreement?

And yes, the relative does share the same surname as me!

Thanks again.

Tom

fermi

When was the phone stolen and the charges built up and not paid? That would be when the default should be dated. Within roughly 6 months of the unpaid, albeit disputed, bill.

Statute barred would be 6 years from the account being due. Or 6 years from any acknowledgement or payment that occurred after that.

nottoolate

[STRIKE]6 years from last payment[/STRIKE]

JustinCredibleGillespie

Yes it would have to be 6 years without any contact.

They have probably sent letters out to every ''John smith'' to see who will get in contact & query the debt.

If your relative hasnt told them who you are, I would seriously consider ignoring them. I'm sure your debt is more like £120 than £1200. They are just chancing their arm with all the charges they've added.

My partner has an old default from 2007 from a mobile phone contract with orange, its showing on the credit report as £1214 outstanding. She just did an application for a Vanquis then a barclaycard & was accepted. It wont be long now until the demands start flying through the door again about the old contract with DCA's but it'll be ignored until the default falls off. The original amount owed was £137 due to similar circumstances to yours.

JCG

xx

TMCUK

Ok, so looking back my last payment would have been in early 2009.

Anyone have any advise as to what to do next? It may also be worth noting that I've never take liability for the debt but also never questioned the overall amount that they are after ( which I'm pretty sure is wrong ).

I've kind of let this slide for a few years now but it's getting to that point now where I need to sort my credit rating out and this is the only bad thing that I have against my name!

Thanks,

Tom

fermi

Well, if the default date is accurate timewise you won't get that taken off on those grounds?

Plus if you agree something was owed, then the default itself will be legitimate, even if the amount is wrong.

If 2009 since last payment then it would be 3 ish years until statute barred. You have to work out whether you want to let it slide until then and risk hassle and maybe court action, or dispute the amount now and then pay any resultant reduced figure?

TMCUK

True. If I challenge the amount owed will Debt Managers be required to produce documentation of the agreement with O2 to confirm the amount owed.

I'm pretty sure they'll struggle to produce anything.

fermi

If you dispute the debt and/or the amount then they should be able to produce paperwork to back it up.

See: http://forums.moneysavingexpert.com/showpost.php?p=47811971&postcount=9

Plus of course, if push came to shove, they would need such evidence if they ever wished to take the debt to court and you challenged it. They couldn't just trun up and say xxxx owes this because we say they do, and that is all we need to prove it.