HELP! No where to turn.

m.dyson90

Hi All,
Second post about this problem im having at the moment. I recently signed up too noodle and discovered I had a default against my name.

Debt was from a none terminated contract taken out from car phone warehouse when i renewed (had no clue it was still running) now 6 years down the line It has come to light since numerous address changes and emigrating abroad.

I'm desperate to get this removed so have been in touch with all 3 parties involved. Orange, Car phone and Lowell.

Car phone say they have evidence of my contact which I have asked to be emailed but say it's the customers responsibly to terminate all contracts, even though I took a new upgrade out through them.

Orange have emailed me with a response which I will post below but offers no help to me what so ever.

Lowell have told me they don't need to offer any evidence that I owe them this debt. The debt was bought by them from Orange in 2014 and since then I have had no contact and have also been ccj'd.

All I want is evidence from either party that I owe this debt. Invoices, contract agreements or unpaid bills. Am I right in thinking this is by law they have to supplied this information? Should I seek legal advice on this ?

Any advice would be apreciated. Thanks for taking the time to read. Below is the email i received from Orange aka EE.

Dear Mr Dyson



Thanks for your recent correspondence in relation to your account.



Your account with EE was closed with an outstanding balance of £160.54. As you failed to pay this balance we have sold this debt to Lowell Financial Ltd.



Lowell Financial Ltd are now the data controllers of the account, therefore we can’t discuss anything in relation to the account. We also no longer have visibility of the information shown on your credit file.

If you have any questions about the account, please contact Lowell Financial Ltd. They should be able to help you and if there are any queries surrounding the information, they will contact us directly on your behalf.

sourcrates

Hi,

Default will disappear after 6 years from it been registered, paid or not.
Lowell won't chase a £160 debt for very long.

Edit, just read they have a CCJ, is that correct ?

If so the time to challenge this has past, once a county court judgement has been entered, they don't have to provide you with anything, as the debt has been sanctioned as been owed by a court.

Same advise applies, default will still disappear after six years, CCJ will also disappear after six years, again, paid or not.

You could apply to have the judgement set aside, but the cost is £255.00, so not cost effective.

Unfortunately it looks like you are stuck with this now.

National_Debtline

m.dyson90 wrote: »

All I want is evidence from either party that I owe this debt. Invoices, contract agreements or unpaid bills. Am I right in thinking this is by law they have to supplied this information? Should I seek legal advice on this ?

Hi

You can make a request for information a company holds on you by using your right of subject access under the Data Protection Act. We have a sample letter you can use to make the request here. The company can charge you £10 to supply the information.

www.nationaldebtline.org/EW/factsheets/Pages/gettinginformationfromyourcreditors/Page-06.aspx

James
@natdebtline

sparkermarketing

for the sake of £160 is it not worth just paying it to avoid the ongoing stress and potential cost?

Chazz.Collins

I used to work for Dixons, who now own Carphone. I recently had some problems when I went to upgrade my contract, and from what I went through, I can tell you this:

If you UPGRADED your phone, then your old contract is still running - it rolls over, you just get a new phone.
If you had a different level of contract (more mins, etc) then you have effectively taken a NEW contract, and it IS your responsibility to call your old provider and end the old contract (I upgraded early previously, but it meant I still had to pay off the old contract as well as the new - rather than do it in one lump sum, I just kept the monthly payments even though the SIM wasn't in a phone / being used, and then cancelled once all was paid).

So chances are you didn't actually 'Upgrade'... and the debt is correct.