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Found 5 results

  1. The above have today issued a county court claim for Three mobile for a debt they bought many moons ago and I thought was statute barred. They subsequently wrote to me and said that as I made an offer in 2012 to pay and never paid it is not. (this was done as part of DMP which I could not complete due to loss of income and breakdown of a relationship) I want to know if I can use the CPR18 as part of my defence as I asked them before to send info such as credit agreements etc and they have failed to do so. I have sent the acknowledgement back to the court. Is there anything else I can use in my defence as I really do not want a CCJ and I cannot afford to pay this debt in full at present. It is incredibly co-incidental that they have issued this before the debt pre-action protocol comes into force in October! Thanks in advance for any advise received.
  2. I'm hoping someone might be able to help. I had two accounts with shop direct and back in mid 2011 ran into financial difficulties and ended up defaulting on both accounts. I was only ever making token payments to both accounts and account A was passed onto Lowell in 2011 however for some unknown reason shop direct still held account B and only passed account B onto Lowell in 2014. I know both accounts have PPI on them along with charges and I had intended to SAR shop direct to get my statements and claim back but I go sidetracked by life, however I've gotten myself together and want to tackle it now as I believe that these charges and PPI would wipe out a substantial amount of the debt and I've got enough save up that I could probably make a full and final settlement offer. I checked my noddle report and account A has a default registered by Lowell in late 2011. I have no problems with this. Account B however Lowell has registered the default date as late 2014. I queried this via Noddle and Lowell have of course said the dates correct. But it certainly isn't. I haven't made anything other than a token for this account since 2011 therefore I believe that the default date should be the same as account A. Am I able to challenge Lowell with this date and request they amend it? All my defaults are due to clear in just over two years time from my credit report at which point I had hoped to get a mortgage to move home but this incorrect date would almost certainly go against me as it wouldn't be removed until 2020. Do I SAR shop direct first and then ask Lowell to amend or do I do both simultaneously? If Lowell refuse do I have any other place to take my complaint to like a financial Ombudsman? Thanks in advance
  3. Hello, this is my first posting – apologies if I ask obvious questions, but I'm new to the world of debt collection! Any help would be hugely appreciated. (Apologies, too, for the long post) I'm being chased for a debt from Three Mobile, which I don't believe I owe. The first I heard about the debt was an e-mail from a debt collecting agency – I had moved abroad, and so Three didn't have my address. (I therefore didn't receive any letter from the mobile phone company requesting the money.) After receiving the e-mail, I replied to the debt collection agency that the debt was in dispute and contacted Three to tell them I didn't accept the debt (it appears to relate to charges made after I cancelled my contract), giving my reasons and asking for an explanation/evidence. I also asked for details of how to make a subject access request. Three replied regarding how to make a subject access request, but did not respond to my request for clarification about the debt. I heard nothing more for almost 2 years, when a letter was sent informing me that if i didn't contact the mobile company to discuss payment of the debt within 20 days it would be passed to a debt collection agency. I replied within a few days, referring to my first letter, again making it clear that I didn't accept the debt, and again asking for explanation as to why they believe I owe this money (I still haven't had any bill relating to the charges) and evidence. The mobile phone company ignored my response and sold the debt to Lowell Group, who are now chasing me for the money. Apparently the mobile phone company has also put a 'default' on my account, which will negatively affect my credit rating. My questions are: - Is it legal to sell on a debt which has been disputed and for which no explanation has been given? And is it legal to put a default marker on an account, when the debt is disputed? - What action is Lowell Group entitled to take against me, and how should I respond? - How can I set about having the 'default' marker removed from my credit rating? Many thanks for your help.
  4. Hi , need some help as getting letters from Lowell regarding a so called outstanding debt of £723.02 from vodaphone. As far as I was aware I had ended my account in the correct manor by notifying by letter of termination. This account was over 3 years ago and I've just started to receive letters now. any help ? I have seen that a Lee on here is supposed to help . I have tried contacting vp direct but spent over 40 mins on some internet chat thing to someone who finally said sorry cant do anything contact Lowell . thanks simon
  5. Good Evening Everyone I was wondering if I could please ask for some assistance in respect of an urgent matter? I have been looking though the various posts but am still uncertain of the best way to proceed, hence, the reason why I am here asking for assistance/help from some of the more experienced amongst you. I had a mobile phone contract with O2, which was either an 18 or 24 month contract. Last year in February, I was told that I could get an upgrade (which I did and I contributed £150 towards it). In July, I lost my job suddenly without notice or warning. All of the staff were fired and the business closed down. I was left with no income whatsoever and had less than £200 in savings. I made an application for Job Seekers Allowance but due to some kind of administrative error, the claim wasn't finally processed until late October. First JSA payment received in November (no money for nearly 4 months - I can prove this). In the meantime, O2 had written to me requesting payments, I have to be honest, I did not know how to deal with it or what to say to them due to the ongoing situation with the DWP and not knowing where I stood inn respect of any benefits payments as well as the stress/depression generally at my situation so I stupidly buried my head in the sand and ignored them. I had some arrears outstanding to O2 that had built up on the account immediately prior to losing my job which I paid around the time I lost my job (or just before) but could not make the monthly payments from that point forward. It was my intention (once I knew where I stood with DWP/JSA) to see if I could get the monthly tariff lowered to something cheaper but I never followed through with it. After 2-3 months all went quiet and O2 stopped contacting me. 6-7 weeks ago, I received a couple of e-mails from Lowells requesting a payment of £700+ (basically the monthly cost times the amount of months remaining on the contract). Lowells advised me that O2 had sold the debt to Lowells. During the same period of 1-2 weeks, I was contacted by Red DCS chasing for the same debt (at the time, I did not realise the companies were connected). On 24th September 2012, Red DCS and Hamptons Legal wrote to me on the same day telling me that they had accessed my credit file and were intending to take legal action if they did not get a response within the next 10 days. I should have dealt with this in the last 10 days, however, I failed an ATOS medical and DWP stopped my ESA benefits on 28 August 2012 (my claim changed from JSA to ESA in April) therefore, I've been forced to deal with the ESA Appeal in priority to everything else over the last few days, I am now back in the same situation I was in financially last summer and feel suicidal I have used one of the templates on this site in respect of the Subject Access Request which I will send tomorrow by Recorded Delivery (unless somebody tells me differently), I have also drafted a short e-mail this evening (not yet sent) advising Lowells that I am disputing the debt (in order to slow down any legal action) and to ask them to prove the debt but I am not quite sure how to word it. I would have liked to have sent something along the lines of letter template asking them for a copy of the contract/consumer credit agreement, etc. but I understand from what I've read on here that it does not apply to mobile phone contracts (I can't recall that far back, but I think I took out the O2 contract in carphone warehouse so I don't think I actually signed anything - but I can't be certain). Can anyone please advise if I am doing the right thing or if there is some other route I should be going down? Thank you.x
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