Lowell - 3 year old phone Debt Threatening Court Action

C-LIFE777

Hi Everyone

right here is my story, i took out a a mobile phone contract with orange about 3 years or more ago now im not going to lie 3 years ago i was a little !!!!!! and thets just say i took the contract out not for the contract and never paid a PENNY so i do owe orange the money, lowell have been sending me letters for years but have only recently threatened court action

The thing is a week letter i receive this letter for a discounted offer, does this mean they have no evidence if they are offering me 40% discount, it does say if i dont pay this by the 30th they will take me to court the original amount is for something like £778 and now there offering me to just pay £467 something like that.

Below i have attached the letter if you would like any more information please do no hesitate to ask

Should i pay it as im in a position to and just want to get all my debts sorted, but then again is it worth it because 4 years it goes a way anyway i believe and if i pay it dosent help my credit rating

Best Regards

Backswine

https://ibb.co/iDjBH5

Guest101

They're offering a discounted rate as the costs for taking you to court are mostly not reclaimable.


However, yes they can take you to court, and most likely win. Since you seem to have no defence.


Which will raise the balance by £255 (the reclaimable part of the court process)

fatbelly

C-LIFE777 wrote: »

The thing is a week letter i receive this letter for a discounted offer, does this mean they have no evidence if they are offering me 40% discount, it does say if i dont pay this by the 30th they will take me to court the original amount is for something like £778 and now there offering me to just pay £467 something like that.

Below i have attached the letter if you would like any more information please do no hesitate to ask

Should i pay it as im in a position to and just want to get all my debts sorted, but then again is it worth it because 4 years it goes a way anyway i believe and if i pay it dosent help my credit rating

Hi

I don't think they are seriously considering court action now but they have six years (not four) to take court action from when the debt was last acknowledged, and Lowell do take court action on small sums.

This should be appearing on your credit file (have you checked?) and if you reach agreement with them they will mark it as partially settled, so it should help your credit rating (for what it's worth).

You're in a position to pay it and, if this is your only debt, I'd suggest it is worth doing so. A 60% settlement is their opening offer. You could get them a bit lower (remember to get the final deal confirmed in writing) but we're dealing with relatively small sums here.

If you have multiple debts you may want to talk to National Debtline or similar about an overall strategy.

C-LIFE777

Hi

Thank you both for your Response's

Is it 6 well i took it out in 2014 sometime cant quite remember and i have never ever spoke to them or orange.

I was thinking of just paying it and getting it out the way as i am reading that Lowell do take people to court alot

And i have another Debt of £240 with PRA group on behalf of quickquid but i have never heard anything from them they dont chase me, if i pay lowell will other DCA be able to see that i have done that and start threatening me aswell?


Best Regards

Backswine

fatbelly

C-LIFE777 wrote: »

Hi

Thank you both for your Response's

Is it 6 well i took it out in 2014 sometime cant quite remember and i have never ever spoke to them or orange.

I was thinking of just paying it and getting it out the way as i am reading that Lowell do take people to court alot

And i have another Debt of £240 with PRA group on behalf of quickquid but i have never heard anything from them they dont chase me, if i pay lowell will other DCA be able to see that i have done that and start threatening me aswell?


Best Regards

Backswine

It's 6 years in England/Wales, 5 in Scotland

Well, the payment will show on your credit report. But that doesn't mean another debt buyer would draw any conclusions from that. I'd leave PRA alone unless they start hassling.

C-LIFE777

Okay i might speak to lowell after work and as for PRA ill wait till they start shouting

Best Regards

Sam

PixelPound

It is part of their normal practice, since they buy for cheap, often people will pay once the discount is offered. It does not mean they have no evidence, but just because there are costs involved the longer they have to keep pestering. The offer will be time limited too. It will mean your default will show as partially satisfied rather than satisfied.

C-LIFE777

So do you think i should pay it nic_c im in proper limbo here, i have had other advice on another site saying the following

"the phone would have been 'free'
the supposed debt will be made of the sums of the remaining contract till end.
no fair to claim those as they weren't providing any service you were using.
sit on your hands"

and

"Nope... Default remains for 6 yearsicon whether settled or not.
You could pay them but why waste your money on them... If they bring court action then you can fight it with out help.
We have a good defence that puts them to strict proof of advising the ETFs etc.

Just make sure they have your up to date address in case of as DX says - Back Door CCJ."

Proper mixed bag so not to sure now how to go about it

Best Regards

sourcrates

Ok,

Lets cut through the fog here, essentially the phone would of been "free" yes, but, there were terms and conditions associated with the keeping and use of said phone, ie, a standard airtime contract, that requires no signature, acceptance of the phone, is acceptance of the contract.

As there is no physical contract, copies of airtime bills would be proof of the debt, now Lowell would have to go back to the mobile provider to obtain these, they may or may not be able to provide them.

My instinct would be to send the "provit" letter first, see what results came from that, then decide my next move.

C-LIFE777

sourcrates wrote: »

Ok,

Lets cut through the fog here, essentially the phone would of been "free" yes, but, there were terms and conditions associated with the keeping and use of said phone, ie, a standard airtime contract, that requires no signature, acceptance of the phone, is acceptance of the contract.

As there is no physical contract, copies of airtime bills would be proof of the debt, now Lowell would have to go back to the mobile provider to obtain these, they may or may not be able to provide them.

My instinct would be to send the "provit" letter first, see what results came from that, then decide my next move.

Okay I may sound stupid Here but what does a Provit letter Entail?

sourcrates

C-LIFE777 wrote: »

Okay I may sound stupid Here but what does a Provit letter Entail?

Link to it is here :

https://forums.moneysavingexpert.com/discussion/2607247

Its carefully worded so as not to acknowledge any debt to the company chasing you for payment, fill it in with correct name, address, account details etc, print it off, and send it to Lowell.

On receipt of the letter, Lowell are obliged to provide you with proof of liability for the debt, or cease collection activity forthwith.