Lowell Portfolio Collecting A Debt and Defaulted Me on Old o2 debt - What Should I Do

[JeffersonMangum]

After checking my credit file, i

t appears that either o2 or Lowell defaulted me in 2008 for non-payment of £46 mobile phone bill.

 

However I'm pretty certain that I paid my bill entirely and never received notice of a default. So,

 

1) How do I find out who issued the default, how can I get them to prove that I owed the money, and how can I get them to prove they sent the default letter out.

 

2) If they cannot provide a CCA, does that automatically mean the default should be removed?

 

Also, they are chasing me for payment on a credit card debt. I owe just under £5k. I had been paying a nominal monthly sum through MyVesta but that stopped in Feb 2012. I have no way of paying the amount I owe. What should I do next? Should I hit them with a request for the Consumer Credit Agreement?

[unclebulgaria67]

1) Official written complaint to 02 - copy to Lowell. Once complaint registered, Lowell have to stop collection activity.

 

http://service.o2.co.uk/IQ/SRVS/CGI-BIN/WEBCGI.EXE?New,Kb=Companion,question=ref%28User%29:str%28Mobile%29,CASE=13668

 

2) Credit Card debt. Send Lowell a CCA request and ask for an up to date statement of account.

 

http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter.

[Bazooka Boo]

When and how did you take out the credit card? If it was post 2007 and online then a CCA request will be pointless. Besides paperwork arguments are are pretty much defunct now. Any PPI or charges on it that you can reclaim??

 

As for the Moby debt, what does your credit file say? Whose name is next to the default?

[JeffersonMangum]

I took out the credit card in 2001. I can't remember whether it was online or a paper application. I will ask for the CCA and report back here. My credit file shows Lowell as defaulting me. Do I complain to Lowell and ask for default proof and proof of debt, or submit it to o2 and send copies to Lowell?

[Bazooka Boo]

CCA for CC is spot on, they will need to supply you with a copy of the original agreement from 2001, so £1 postal order and they have 12+2 days to reply then you can stop paying if they fail!

 

Complain to O2, ignore Lowell, they can't do anything anyway.

[JeffersonMangum]

If I am sending Lowell the CCA request for my credit card debt, do I also send them the request for PPI refund? Or does that go to the original lender (Barclaycard)?

[unclebulgaria67]

PPI to Barclaycard.

[JeffersonMangum]

Thanks everyone. Is there a template for a letter which says 'Prove you sent me a proper notice of default or remove it from my credit file'?

[Bazooka Boo]

No. Unless the entry on your credit file is incorrect then it will remain.