CCJ - Mediation

ELH2910

Good morning all,

I received court papers re Lowell relating to a phone contract I supposedly had with T-Mobile from 2009. I filed my defence stating I had absolutely no recollection of the debt as I am 100% positive that I never had any sort of mobile phone contract with T-Mobile.

I sent a letter to Lowell asking for a copy of the original credit agreement etc to show the debt was mine, and the notice of assignment and any statements etc.

I then received an invitation to mediate which I have done this morning. I explained what I had asked for and that Lowell hadn't responded to my requests. She spoke to Lowell who said they did not need to provide the original credit agreement as it was a mobile phone contract. However, they would provide me with statements and the notice of assignment.

I received an email with one attachment, which was a final bill. Didn't really help me in the slightest as it simply looks like a generic bill. As for the notice of assignment they informed me that they have "requested via our electronic database and will be sent to you shortly".

Will any of this actually help me in terms of knowing if the debt is mine? The bill could be any mocked up bill?

Thanks in advance for any help

Arleen

The big question is - is it yours? Who did you have your mobile phone with back in 2009?

ELH2910

Thanks for your reply.

I don't think it is mine. If memory serves me right, I had a pay as you go phone which was on o2. I've been with o2 majority of my adult life, and only recently switched to EE as I got a better deal on an iPhone.

Arleen

In that case send them a "prove it" letter, you can find a template here: https://www.nationaldebtline.org/EW/sampleletters/Pages/Complaining-to-debt-collection-agencies-that-you-do-not-owe-the-debt-(sole-name).aspx and take it from there, when you will get a response.

Candyapple

What date did the account supposedly default? If it was 2009, the debt would be statute barred by now.

Have you checked your credit reports to see if anything shows relating to this debt on there?

https://www.noddle.co.uk (Free Call Credit)
https://www.clearscore.com (Free Equifax)
http://www.moneysavingexpert.com/creditclub (Free Experian)

ELH2910

Hi Candyapple, they stated that the default was September 2011.

I checked when I received the court papers and there is a default there.

I'm happy to make an offer or to pay the money if i'm in the wrong, but I don't ever recall this account or recognise the phone number on the final bill, and I'd just like them to give me something to prove it's mine.

MrsTinks

Not meaning to get personal - but how old were you when this happened - reason for asking is that simply we've seen a lot of alleged (and genuine) mobile contract bills crop up recently where the debtor/alleged debtor was under 18 at the time of the contract... And as a person under 18 can't legally enter into a credit contract that makes life a little easier...

That said - stick to your guns. Tell them you did not have an account with them. They need to prove you did.

Candyapple

So have you checked your credit files then? Any sign of this default/account on any of them?

ELH2910

Thanks again for the reply.

I would have been 18 in April 2009 when the account was apparently opened.

I didn't have any sort of credit until I was around 20. I had a bank account for my wages which was the same bank I had since I was a teenager, and a pay as you go phone.

I've informed mediation that I would like some proof, but it seems Lowell will only send me a final bill.

The mediator said if we cannot settle then the case will go to hearing, which I am fine with. But I was hoping to get the issue resolved prior to any court hearing. Especially if the judge rules that I do owe the money and then to be hit with a CCJ if I can't settle within the month (or however long you have for this).

I'm just a little confused with it all as i've never had an experience like this with debts etc.

ELH2910

Hi candyapple.

Yes, the default is on Noddle. I had no reason to check my credit report prior to this all happening so hadn't noticed it before.

Candyapple

Is the debt for a large amount?

Sounds like Lowell are really trying it, given that the default is only 7 months away from dropping off your files completely.

Make sure you send them the 'prove it' letter. If the debt was sold from T-Mobile then they should have records of account number, the phone number it was registered to, bill itemisation details, payment history records etc.