Lowell chasing old orange debt.. Help

[migmag85]

HI,

 

I would like to ask for some help from you all, as I'm a bit confused..

I've been reading on this site and looking at several others to get the best course of action.

 

I had a mobile contract with Orange years ago,

I had long disputes with them about not getting appropriate service where I lived at the time,

they said it was my fault for moving to that area and not checking before moving (I had no choice),

even though I couldn't get service..

 

 

long story short is they wouldn't offer me anything to exit the contract and and so stopped paying..

 

Account start date 11/10/2007

Opening balance £ 160

Repayment frequency Monthly

Date of default 04/08/2010

Default balance £ 160

 

Now, this debt has bounced around from one DCA to another, the last DCA I can't even recall...

But now Lowell have it..

 

 

I've not received anything from Orange, or the previous DCA about the transfer to Lowell.

The only thing I've received recently is a Pre-Legal Assessment letter stating the usual "pay now or CCJ action" etc..

.. They claim they have sent previous letter/s (???)

 

Firstly, Where do I begin?

Do I ask for a Notice of Agreement or a CCA?

 

Secondly, I'd like to also highligt to them about their use of threatning language according to OFT guidelines:

Letters presuming the awarding of a Judgement (e.g. stating “when Judgement is granted…”

as opposed to “if Judgement is granted…”)

 

Lowell uses the language

1. "you WILL receive a CCJ for the amount outstanding"

2."the CCJ WILL be registered against you unless you file a genuine defence"

 

Please help with your thoughts and how best to approach this meagre £160 debt.

 

Thank you in advance.

 

Mig

[fkofilee]

Welcome to CAG, Mig.

 

Right first off, Im going to say that we nip this is in the bud ASAP!

 

Some of the guys would say ignore it, I'm against it for the sole reason as you said - Unable to provide aa service at your new address.

 

Yes Orange had an agreement etc, and also you agreed to stick to it, however it all gets thrown up in the air when service becomes non-existent.

 

Now heres the thing.

You are going to need to dispute this NOW, otherwise if you get Bryan Carter involved then it goes to court almost guaranteed.

 

CCAs are non applicable as these are not regulated under the Consumer Credit Act.

 

I think you should raise a complaint with Lowell and Orange / EE...

Ill give you all the contact details in my next post however, Lowell BUY debts and become the legal owners.

 

If you dispute it and tell Lowell why (Im used to dealing with the CR team --->

Good Story, Great Result from them and all of them were telecoms accounts

- around £3k for removed) they should work with you on this.

 

The more work you make them do, the less profit they will make haha

[fkofilee]

So EE now own T-Mo / Orange and themselves, What to do if you are unhappy?

 

First off email; olaf.swantee@ee.co.uk

That is their current CEO

 

If you have problems with Lowell aswell;

 

james.cornell@lowellgroup.co.uk

That the CEO of Lowell Group

 

Sara.DeTute@lowellgroup.co.uk

She is head of Complance and Legal Counsel

 

Customer_Relations2@lowellgroup.co.uk

That is their Customer Relations Team.

 

Those 4 emails addresses and names can help you get this solved. Lowell will take upto 8 weeks to look into these. But during that time, they WILL put your account on hold.

[migmag85]

Hey,

thanks for the swift response...

 

 

. So I keen on getting a letter across asap..

You say email the contacts above..

 

Should I not ask them to supply a Notice of Agreement?

I've not even been told that this debt was transferred to Lowell from the previous DCA..

This Pre-Assessment letter just turned up....

 

Also, I was in dispute with Orange at the time, but nothing was resolved..

 

Would a letter not be better?

 

 

I don't want to agree with Lowell that I'm OK with corresponding via email.

[dx100uk]

I question the wisdom of panicking new members regarding carter/lowells and their 'possible' claimform threats...

the OP had a genuine dispute with Orange

there are no cases here whereby a fleecing DCA has ever 'won' a court case where a dispute existed.

 

 

for £160 I very much doubt they'll bother with court.

 

 

to the OP:

the OFT are no longer the body to complain to 'if' you wanted to..

 

 

please read the letter carefully

its a very clever play on words.

prob the new 2015 templates Lowell now use [LOW 10x to LOW112 down the side in small type]

 

 

those being an either or scenario - pay us please or we might do court where these things will happen...

does say they WILL do court anywhere.

 

 

the garbage about previous letters is to elicit a response from you in oneway or another

and make you believe its going 'up' a chain of more importance or heading closer toward a claimform

 

 

the truth is it is not.

 

 

pers I'd be totally ignoring them.

 

 

the default its 08/2010

so it very probable you last use/payment was anything upto better than 6ts before that date.

so it not far away from being statute barred anyway

 

 

and that's prob the real reason for the letter, we need to fleece you quick

else we'll lose the chance forever.

 

 

dx

[migmag85]

bump

[migmag85]

what letter should I send them?

 

thanks!

[fkofilee]

Choice is yours here... I've given you advice, DX has given you advice... My suggestion was to hit it before it become a proper issue.

 

The end result would still be the same, you'd get them to back off

[migmag85]

fkofilee - thanks.. As per my last post, I don't want to enter into a email "ping-pong" or lead them to think that I've consented to email correspondence.

 

What wording should I use in the letter to them? This is what I have so far :

 

Dear Jill Senior

11/03/2015

With reference to xxxxxxxxx

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I would point out that I have no knowledge of any such debt being owed to Lowell Financial LTD. I have received a Pre-Legal Assessment letter from you recently.

 

I am familiar with the Consumer Credit sourcebook of the Financial Conduct Authority (FCA) which states the following rules.

 

"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3

 

"A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1

 

"Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.3

 

In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I would ask that no further contact be made concerning the above accounts unless you can provide evidence as to my liability for the debt in question.

 

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the FCA of your actions.

 

I look forward to hearing from you.

 

Yours faithfully

 

 

Enough?

[fkofilee]

Sounds pretty good.... Problem is you are inviting them to play letter pingpong...

 

Any response would pretty much have set them up to play letter tennis.

[fkofilee]

Mig... Are you on GOODF?

 

You will get yourself into trouble with that site... Their 3 letter process with Estoppel will kill any chance you have to deal with this...

 

Its not worth the hassle. Stick with your letter on here. Ive informed the site team for them to advise.

[dx100uk]

as said earlier I would not be sending anything.

 

 

why invite letter tennis?

 

 

dx

[migmag85]

Thanks all,

 

Appreciate the advice...

 

I am responding because some say Lowell are pretty quick to get their legal to send out CCJ.

 

The more work give them by getting them to prove it, the less money they make. I'm guessing that by sending them the letter above will get them off my back, since this debt has bounced around between 3 different DCA's..

 

Lowell are the only one's that have threatened CCJ action, so I figure I might as well stall it and give them some work to do..

 

For £160 I think they'll realise it's not worth it after the "prove it" letter

 

What do you think?

[migmag85]

Mig... Are you on GOODF?

 

You will get yourself into trouble with that site... Their 3 letter process with Estoppel will kill any chance you have to deal with this...

 

Its not worth the hassle. Stick with your letter on here. Ive informed the site team for them to advise.

 

Yes, ive had a look there... what's the beef with this site?

 

Thanks all,

 

Appreciate the advice...

 

I am responding because some say Lowell are pretty quick to get their legal to send out CCJ.

 

The more work give them by getting them to prove it, the less money they make. I'm guessing that by sending them the letter above will get them off my back, since this debt has bounced around between 3 different DCA's..

 

Lowell are the only one's that have threatened CCJ action, so I figure I might as well stall it and give them some work to do..

 

For £160 I think they'll realise it's not worth it after the "prove it" letter

 

What do you think?

[fkofilee]

That website leads you down a path that gets you into trouble... Thats why.

I will be honest DXs advice is sound... I just give advice based upon my experiences...

[migmag85]

right ok..

 

Then it's best NOT to respond at all to this... despite CCJ action, threats, etc..

 

I can understand given the small amount, but I've been in a position before with a train company for an unpaid fine of £90 that went to court and turned out to accumulate £600... I ignored the train company too and that didn't work.

 

So this time around, I'm a little apprehensive you see..

[scoops007]

If you read my thread it's almost an identical tactic they used on me. Soon you'll get the Carter letter saying the WILL take action. I'd be a step ahead rather than ignore them

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?442174-3-mobile-old-quot-debt-quot-and-Bryan-Carter-Solictors-letter***Recalled-and-Resolved***(2-Viewing)-nbsp

[migmag85]

hey,

 

wanted to update on this..

 

Sent an email to Jill Senior, the director that signs off on the letters etc.. plus also an email to customer relations.. took two weeks but got a letter in the post saying they received my email and they believe the debt is mine! But, they're not going to pursue the debt so the account is closed..

 

Basically they didn't provide me with the information i requested in my letter, but still cheeky enough to claim that it's my debt without proof.

 

**** off Lowell.. Thanks for all your help