Lowell Settlement

MEM62

firstbuyer wrote: »

We tried this... This happened before myself and my partner got together so I didn't initially know the full extent. He took the phone contract out for her but she stopped paying him full amounts. He got Vodafone to transfer all of the details over to her but it seems they only changed the bank details and not the actual contract.

We can't even access the Vodafone account as it is all in her name, and because he initially took it out in his name Lowell are saying he is a Guarantor in "the laws eyes". If she agrees its her debt, they've said they wont transfer it to her either, it will still stay with him (i/e pursuing and the bloody default) but the payment will come from her account. She's living on the breadline so won't pay at all - hence why I just want to get it over and done with.

Mistakes are there to be made I guess - he knows not to do it again now! :sad:

So the contract was not taken out without his knowledge. In fact, he took it out. Then he is clearly liable. There is no argument.

Also, you should also note that you cannot transfer a phone contract into someone else's name. He may have changed the payment details on the account but the contract would still have been his.

macman

As above. Why waste everyone's time by giving false information in your first post?
His contract, his non-payment, his default. Nothing to do with his sister, she just has the handset, with his permission. Voda don't care what account the DD comes out of, as long as it's paid.
However, since the contract is in his name, he should be able to regain access to the account, he'll just need to clear the security stage, which will probably be tricky by phone. However it should be possible in writing-start by changing the address back.

firstbuyer

As above. Why waste everyone's time by giving false information in your first post?

I'm not aware I've given false information - I've chosen to remain anonymous with the posts so not sure what I'd gain by giving false information... I kept the initial post brief apologies if you thought this was false?

However, since the contract is in his name, he should be able to regain access to the account, he'll just need to clear the security stage, which will probably be tricky by phone. However it should be possible in writing-start by changing the address back.

Yeah he can't access the account, we've already tried multiple times as it is all of her security info - the account is in her address, her security details (dob payment amounts direct debit info) they wouldn't accept him accessing the account at all.

Which is why I am frustrated at the fact that he has to pay for the debt when he wasn't sent any communications that he is liable. We assumed (clearly naively) that it had been completely transferred to her. The initial letters about not paying etc were sent to her address, default is in his name but at her address.

macman

Your first post stated: ''This was actually taken out by his sister under his name and unbeknown to us she hasn't paid it... in 2 years''. Which clearly implies that he had no knowledge of it and the sister was committing criminal fraud.
Now you tell us that he took it out in his name, and gave her the handset, and supplied her bank account details for the DD. So how can your first account not be false information?
The sister has done nothing (legally) wrong: it's not her contract, and she has no legal liability to pay the monthly fee or the debt. It doesn't matter whose bank details were on the DD, he is solely liable, and remains so even after the change of address and bank..
Since he is the legitimate account holder, there is no reason why he can't change the billing back to his own address, and get the security details reset-all he has to do is prove his ID, if necessary in writing, or maybe by visiting a Voda store.
You weren't sent any info about liability, because the liability did not change. All you changed was the address and bank details., which they complied with
It is presumed that the account has been suspended, because if not, the debt will continue to build until he gives 30 days notice to close it.

redux

Going back to their confirmation letter, then wording looks slightly ambiguous to me.

It doesn't specify that the rest of the debt is written off, won't be pursued by them or resold for someone else to do so.

It just says you've agreed to make a payment to clear the account.

If I'm being pedantic, or if they are evasive, this could be just about going towards clearing (some) arrears, not necessarily the end. I think it could be better stated.

fatbelly

It is probably not going to cause problems - Lowell do a lot of these deals. But what you have posted is badly worded.

Try one more time to see if they will confirm that the balance will be written to zero by one payment of £1000 and the account will be marked partially settled on your credit files.