Lowell debt help

sourcrates

frenchplonka wrote: »

So there not accepting that its barred so is there a follow up letter i can send them saying they either have to prove it or shut up?

I would give National Debtline a quick ring to determine your next move.

frenchplonka

Spoken with them and sent a final letter as advised outlineing my last payment being Dec 2009 which is when or around the statue barred will start and some 8months later when orange notified Lowell and started the default which is the date Lowell are using in there timescales.

Now I need to send a letter to the financial ombudsman service does any one have the link to send a letter whrn a company wont listen

frenchplonka

bump bump bump

sourcrates

frenchplonka wrote: »

Spoken with them and sent a final letter as advised outlineing my last payment being Dec 2009 which is when or around the statue barred will start and some 8months later when orange notified Lowell and started the default which is the date Lowell are using in there timescales.

Now I need to send a letter to the financial ombudsman service does any one have the link to send a letter whrn a company wont listen

Have a look on the National Debtline website for template letters.


You may just have to allow things to take there course, if Lowell get legal, you would have to defend on the basis the account was statute barred.

I can tell you now, it would be a poor solicitor that would present the default date, as the cause of action date, in court, to a judge, under these circumstances it would be up to Lowell to prove the account was not statute barred, not up to you to prove it is.

frenchplonka

Ok so this is the latest reply from Lowell about the last 3 accounts im requesting cca information on think they have a way round this?

Thank you for your reply.



All the accounts are for service agreements and not a credit agreements as defined by the Consumer Credit Act 1974. Our client has no obligation to provide a signed agreement under the provisions of the Act.



We are not obliged to provide you with a copy of any such agreement as telecommunications accounts can be obtained by telephone, over the internet and by mail order and 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.



I have requested statements for you and these are sufficient enough to substantiate our claim to this balances.



I have suspended collections activity until the documentation has been received.



We will be in touch as soon as we have an answer, this is generally within 60 days, however this can take longer.



In the meantime if you need to speak to us, please don’t hesitate to contact me.



Kind regards,



Danny

Customer Services, Lowell Group

sourcrates

No they are correct, you can only make a CCA request for loans, credit cards, catalogue accounts etc.

You don't sign an agreement for a service contract, as use of the phone is concidered acceptance of the agreement.

Statements would be concidered proof of a debt in this case.

frenchplonka

Thanks well looks like I settle them three accounts which leaves the last one where they insist its not barred but we belive it is I think a letter along the lines of ill let you have your day in court before u see a penny from me is needed yes?