Lowell - chasing debts
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When it comes to debt, we've never had it so bad. Personal debt in the UK is at £1.5 trillion. That's the equivalent of everyone in the country owing over £25,000 each. No wonder debt recovery has become such big business.
Debts are now being bought and sold by companies who seem to have no idea why you owed the money in the first place. The result is that many of you are being hounded for money by people you've never heard of for sums that you might not even owe.
One company doing just that is Lowell Portfolio I, part of the Lowell Group, based in Leeds. In the past couple of years we've had hundreds of complaints about the way the company will chase you for money it claims you once owed to some of Britain's best-known companies. In recent weeks we've been inundated with even more complaints - about the way they've been pursuing so-called debt which they bought from one particular big name, the mobile phone network 3.
Letter didn't explain why he owed the money
Chef Stephen Yates was a customer of 3, but when his contract came to an end he moved to a different network and forgot all about 3. Two years later he received two unexpected letters, one from 3 and one from Lowell, a company he'd never heard of. Each letter stated that Lowell had purchased a debt of £211 that Stephen owed 3. The problem was, Stephen had no idea how he could owe the money, especially after all this time.
Lowell's letter did nothing to explain. But the company didn't mince its words; unless he paid up it said it may use "any legal permitted method" to recover the money. Stephen contacted Lowell who still couldn't tell him why he owed the money.
We've heard from more than a hundred fed-up former and current 3 customers who had similar experiences with Lowell. They're being chased for anything from £14 to as much as £800. You'd expect a company demanding your money to fully explain why you owe it but in the cases we've heard, neither Lowell nor 3 were able to provide the records to do that. And worse, some of the people they're chasing can prove there was never a debt in the first place.
IT consultant Phil Glover was a 3 customer until April 2005. He too has had letters demanding money for a debt he knew nothing about. This time Lowell's big threats were for a tiny amount, less than £15; a figure that rang a bell for Phil. When he'd originally cancelled his contract 3 sent an additional bill asking for a further £14.93. Although unhappy it hadn't included it in his final bill, he went ahead and paid and indeed that final payment is clearly shown on his bank statement from that time.
Phil explained all this to Lowell's debt collectors and, after at first struggling to get his message through, they eventually agreed to write off the debt and apologised. That should have been the end of it, but it wasn't. A few weeks after Christmas Phil received another letter, once again from a company working on behalf of Lowell stating that £14.93 was due and that legal proceedings were to follow. Phil was left questioning what exactly he had to do to clear his name for a debt he never owed in the first place.
Steven Yardley, a part-time DJ, closed his 3 account years ago too. But once again he received debt letters just like the others. When he asked 3 and Lowell for proof of the debt, neither one could tell him what it was for. On contacting 3 he was told that they couldn't check the information as the account was too old. All the more reason why 3 and Lowell should properly explain why they were demanding the cash.
Shocking behaviour
Normally when a company can't, or won't, prove why you owe them money, we might usually think don't pay it. Steven thought so too, so he didn't hand over his £50. That was when Lowell really turned the screw. When Steven recently attempted to switch to a better deal for his utilities, he was shocked to discover he was refused due to the fact Lowell had raised a default on his credit history. In other words, it had damaged his credit rating by saying he had failed to pay a debt. Shocking behaviour, considering Lowell hadn't proved there was a debt and that Steven had never owed it in the first place.
When Watchdog investigated, both 3 and Lowell admitted it had got it completely wrong, Steven didn't owe anything. It has now written off the debt and removed the default from his credit history. Pity it didn't do that when he called the company.
Malcolm Hurlston runs a charity that advises people on debt and is horrified that companies can behave like this. He describes it as "absolutely disgraceful" that people who are perhaps not even in debt are being pursued in this way. Even so, there is action that you can take. Malcolm recommends telling them, in writing, that they must send you written evidence in the form of a statement of account of the debt.
If they can't do that within 28 days, Malcolm says that it won't be able to collect the debt.
We have a template letter for you to download that you can send to any company who ask you for a debt you don't think you owe. We also have an exclusive video with Owen Roberts, head of callcreditcheck.com, on how to tackle problems like this, should they be happening to you.
Bad communication
So who's to blame for all this? Is it Lowell, who aggressively threatened court action and dragged people's credit ratings into the gutter? Or is it 3 who had years to talk to customers about this, but instead said nothing and sold on the debt without explanation? Not what you'd expect from a company whose business is communication.
When Watchdog spoke to both Lowell and 3 they admitted that neither Phil Glover nor Steven Yardley owe a penny. In the case of both Stephen Yardley and Phil Glover, they have removed the debt and cleared their credit history. They apologise and are reviewing their systems and processes to ensure similar mistakes can't happen again.
In our first case, both companies say that Stephen Yates does owe money. Stephen has always said he would been happy to accept this as long as there's proof. Lowell and 3 claim that they do now have further details and will be sending these to Stephen.
3 said that the confusion arose because it has no record of him cancelling his contract and he moved house without providing new contact details. As a goodwill gesture it's reducing the amount he owes. 3 said that when customers don't pay bills it will try and seek payment directly and it's only when this fails that it looks to specialist companies like Lowell to recover the money.
Lowell's response
Lowell told Watchdog: "Lowell Group is in the business of collecting monies validly owed, which we do within strict guidelines set out by the Office of Fair Trading.
"In the small minority of instances where a debt is disputed, collections activity is immediately put on hold while we endeavour to resolve the dispute promptly in order to minimise any potential distress to the account holder. In the case of Stephen Yates, we have investigated his dispute and are satisfied that the monies owed are valid. We do acknowledge mistakes in handling the cases of Mr Yardley and Mr Glover for which we apologise unreservedly. We are currently reviewing our systems to ensure such mistakes cannot occur in the future."
3's response
3 told Watchdog: "In Mr Yardley's case we made an error when closing his account in 2005. We have written off his debt, cleared his credit rating and apologise for any inconvenience. Since 2005 we have overhauled our customer service systems.
"In Mr Yates' case we have no record of any request for his account to be cancelled by letter, email or phone. The direct debit was cancelled by Mr Yates' bank on the 6 October 2006 with balance outstanding. The account continued to be used into November. With money still owed Mr Yates moved home without passing on new contact details, making timely collection of the £211.96 debt difficult. As a gesture of goodwill we are happy to waive the line rental incurred after Mr Yates stopped using his account, however, we are seeking settlement for £99.95 for usage charges incurred before the direct debit was cancelled.
"Mr Glover closed his account in April 2005 and on 4 May 2005 he was advised by phone of an outstanding balance of £14.93 and given options on how payment could be made. As Mr Glover suggests he then made a bank transfer to pay his bill - unfortunately he supplied the wrong phone number as a reference for the payment so we were unable to reconcile the bill. After an extensive review of transactions in May 2005, we have located this payment. Mr Glover's credit rating is now clear. Improvements in our processes that allow us to collect the final payment directly rather than requiring the customer to act means that this should not happen again.
"We're listening to feedback all the time and while we will pursue debts, we regularly review the way we handle all customer issues as we try and make things better for all our customers."
Lowell has set up a freephone helpline 0800 840 1219 for anyone who has received a letter from Lowell about their outstanding '3' account. Lowell asks that only those who believe that they have a genuine query regarding the alleged amount outstanding should call this number.
The helpline will be staffed by a dedicated "dispute resolution" team, from 8am to 8pm Monday to Thursday and 8am to 7pm Friday.
Lowell says that all queries will be logged and that any that can't be immediately resolved over the phone will be fully investigated.
Watch our report about debt recovery agency Ruthbridge.
Click here to see our exclusive interview with Owen Roberts, head of callcreditcheck.com, talking to Paul heiney about credit checks and what people should do if they have defaults on their credit history that need removing.
Click here to watch the top five tips from a debt expert on how to manage your debts.
And download our template letter if you're being asked for a debt you don't think you owe.
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I started recieving these letters last year but for an 02 account I didn't have. They stopped once I sent them a letter about harrasment.
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l also got a bill from them of 197.84 so l rang them and they said it had to do with 3. l rang 3 and they say my details do not add up with the details they have of the bill so l have to sort it out with lowell. they both have been pushing me around since dec 2008 but they still want me to pay the money with no explanations.
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even when you send 3g or lowell proof you are bankrupt and they where named they still threaten a visit
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I have had dealings with Lowell and in my opinon they are not very professional at all.I paid off an outstanding debt owed to Littlewoods and approx a year or more later i had a threatening letter from Lowell stating that I owed them money so I called them only to be confronted by someone who was really rude and didnt know what they were talking about so i came off the phone and found an old letter from Littlewoods with my writing on which had when I paid them and how much, so I decided to call Littlewoods and they were totally in agreement with me. I had paid up in full and settled with them. I then called Lowell back up and they were still determined that I owed them money, so I said to them that they had obviously bought a debt which didnt exist!! I called Littlewoods back and they kindly said they would call Lowell themselves to tell them that this debt was settled and they dont know why they have this information. I have since recieved a letter from Lowell (which I have somewhere) still detailing that I owe them money.Obviously I dont (I know that anyway) which is really funny but I am not sure if this company has let any bad reference on my credit scoring.
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This was brilliant.
I've been having the exact same problems even after i declared myself bankrupt over 2 years ago.
Luckily i was able to send the letters i had received to the courts with a covering letter explaining the situation.
However a couple months later, after it had all gone quiet i got another one of these letters from another debt collectors that lowell had sold the 'debt' to.
I contacted the courts again and they advised me to send them the letter to them again.
I've not heard anything from lowell or three ever since.
Funny thing is, i never even had a debt with three in the first place.
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I have had the same problem, I received a letter from 3 stating I owed 40 pounds, I asked them to explain what for and provide a statement of account and they just sent me a bill with 40 pounds written on it! The debt was then past onto a debt collection agency called Red. I asked them the same thing, to explain where the debt comes from, they said it was caused by 3 not closing down their accounts properly and that it had taken that length of time for it to catch up with me. I have not moved since 2005 when the account was closed, so why so long. Personally, I think they are just trying it on, how many customers have closed their accounts and if they ask all of them for an amount of money, surely some will just pay up and how much revenue will that rake in. If I owed 40 pounds I would definately pay it, but in this case, I feel I am being ripped off. Something stinks!
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Dear Watchdog,
I am currently in the same position as Stephen, however [with a different credit agency]. I have been trying to resolve this issue since last August but no-one knows what this debt is, or for what period. Everytime, I try to speak to someone I go through to an offshore call centre who can't deviate from their script or they simply hanng up. It is very much a catch 22 situation.
I am at a loss in regards to what to do or where to go next.
Yours concerningly,
Scotlaw
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I have never recieved a letter from either 3 or Lowell but I have instead recieved one from a Debt Collector by the name of [company name removed] informing me that they are chasing a debt to Lowell Portfolio 1 Ltd of £23.82 that I have never heard of.
I spoke to the company in question by telephone but they were unable to give me any information regarding the debt and could only say that as I admit I have 2 current, up-to-date accounts with 3 that they take that as an admission I am a customer and if I do not pay, they will send someone to the house to collect the money owed.
I have no idea what this debt is for and have refused to deal with [the debt recovery company] and informed them that I will contact Lowell directly to see if I can gather any details and shed some light on why I am being chased.
I can only assume that this is now going to show on my credit report as a default and I am furious. I will be using the letter you are providing to write to Lowell and I thank you for your assistance as this was starting to become a real concern.
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I was also a 3 customer. To summarise, I wrote to 3 to cancel my contract and cancelled my direct debit at the same time. However, a month later I received another bill - I phoned customer services to remind them that I had cancelled the contract and that the phone hadn't been used, but they denied receiving the cancellation. I initially refused to pay, however a debt collection company threatened court action and an endorsement on my credit rating so I succumbed and paid up. Needless to say I am still furious with 3 [Personal details removed by Moderator]
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[Personal details removed by Moderator] Lowell state that "....where a debt is disputed, collections activity is immediately put on hold while we endeavour to resolve the dispute promptly in order to minimise any potential distress to the account holder." In my case they have instigated two further debt collectors to contact me despite my repeated, recorded delivery, letters disputing any debt!! They haven't even had the coutesy to acknowledge my queries!
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I had a contract with 3G and paid all I owed them and by the end of last year and ealy this year lowel contacted me also threatened me until I had to paid over 200 pounds and left me suffering.Whle I was with 3G they did send me two paying books with payments I had to make which I did and this 2 if not three years ago and now have paid lowel.Im just woundering how many people have they done this to.Suprised with today's show
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It's quite likely that the information is held on computer by Lowell's and invoking the Data Protection Act Provisions would also be useful addition to the template viz "What does concern me is the information you have about me and what information you may have transmitted to any other party. This therefore is also a formal request under the Data Protection Act 1998 Chapter 29 part 2 Section 7 for all data you have about me and transmitted to others. I am also invoking Chapter 29 part 2 Section 10 with immediate effect. I also reserve the right to invoke Chapter 29 part 2 subsection 13 for the distress caused particularly if my credit worthiness has been adversely affected. If a fee is required for this information then send me your estimate, if I believe it to be excessive I shall pass the information on to the Data Protection Commissioner for his views on the whole matter".
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I was watching this story with great interest as I had a similar problem after settling a car loan by paying the amount owed in full. The company concerned not only reported on my credit file that I missed three payments whilst I was paying by standing order but after I settled the account they sold the account to a third party who put a default on my credit file. The incorrect information has been removed from my file but this does not change the effect on my credit rating which as I understand it is a cumulative score to reflect what has happened in your history. When the company puts the default on it gives you a minus score for that transaction. This is not removed when the default is removed. The presenter said there would be advice on credit report issues but I can't find anything at the moment. What can we do about fixing credit ratings?
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My husband has been pursued for years by Lowell and latterly by Red for a debt owed to Sky at an address where he has never lived. I have a file full of correspondence. They go quiet for a while and then another letter comes.
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Lowells did not return my calls (I always got an answerphone) or reply to my letter.
I got a letter last week from [a debt collection agency] and when I rang them to query how I could owe any money (my bills were all paid by DD) I was told that 3 sold the debt and they would not have sold it if I didn't owe it and that it was up to me to prove I didn't owe it!
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Where a debt is not due and has been brought to the notice of the relevant pursuer,it is, under Section 40 of the Administration of Justice Act 1970, a criminal offence to pursue the debt through threats, harrasment or means other than proving the debt in court.
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well does any1 know as to what can be done if we have paid lowell, can I request investigation and money back?
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I had a contract with 3 that expired in Oct 04. The first phones were the worst as they could not switch from 3g to 2g (o2) when out 3g range. They sent down two new ones and only one arrived and that was late . I refused to accept within 28 day cool off.
3 months later they started billing even though I had no phones. Their customer service was dreadful in Asia and refused to put me through to Glasgow call centre.
I found the M D s number at Maidenhead and spoke to his office. They apologised after they looked into it. Sent me a cheque for compensation. Thought it was finished then 3.5 years later a letter from Lowell collection services arrives. I contacted them with the history. They came back to me asking to pay £34.13 instead of £133.78. I refused told them I do not owe one penny and even received compensation from the CEO office 3 years ago.
If you want we all go to court including the CEO and settle it there.
Have not heard anymore for ten months.
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What really annoys me is that even when you write to a company explaining you do not owe the sum demanded they can still place a default on you credit rating. I would like to hear from a lawyer what action you can take when a collection agency acts recklessly in this way or indeed a credit reference agency accepts and uses information from a reckless third party. Only when these companies are hit hard legally will they stop being reckless.
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My 3G bill from 2005 is for £858.25. My first letters were from Lowell, and after I sent them e mails/recorded written letter to request written proof, was then passed onto [a] collection agency, I last contacted these people back in oct 08, to again ask for concrete proof of this debt, and up to now have heard nothing, my experian report showed my 3G Hucthinson account back in 2005, was settled. I then went with another phone provider for the term of the contract, then I went back with 3G,(never again).No mention of a debt back in 2005, I still live at the same address, so why no mention of the old debt, especailly nearly £900??
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Similar to the 3 story, I moved the a new broadband/phone provider in july last year. [They] provided me with the mac code, I used it. The other day I received a debt letter from an agency stating that I owe tiscali over £200. Tiscali claims that they have notified me several time, which is not true, I haven't received any letter from them. I tried in vain to explain to them that I wasn't they costumer and haven't been so since July 18th last year. didnt change anything. they told me I had to proove to them by sending in to them the letter from AOL stating when the service went live. hmm... now waiting to see what will happend.
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my letter from Lowell arrived in December 08 about an apparent debt from february 07, i immediatley phoned them and they said they would send me a copy of the bill which i have never received from them or previously from 3.end of january i receive a formal demand letter from [Company details removed by Moderator] who again have not provided a bill after several phone calls with rude and abusive employees.
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We "owe" £11 and we wrote a "prove it "letter, a template from the National Debt helpline before Xmas and as menitoned before, not only did they NOT stop proceedings as I was disputing the matter, but they sent it on to yet ANOTHER debt collector. I spoke on the phone to them in a panic, and they said theyd halve the amount if I paid there and then, or I could go to a bank. Now if I owe 3 an amount then I owe 3 thatfull amount, not half! They said the debt would be wiped off but not off my unblemished credit rating. I didnt say I would but took their bank details off them incase I decided to.They now say I have "dishonoured my comittment to settle" and im to make an appointment for an Investigator to visit. Im writing( again) for a fully itemised final bill off them all. If there is proof ill gladly pay,but they have already had one chance to show me the account details. 3 say Lowell have details, Lowell say [company details removed] have it, [company details removed] say 3 have it?? Good luck everyone
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After having a multitude of problems, no reception, terrible rude customer services with 3 I tried to cancel my contract. Impossible so I put it on the lowest tariff and paid up the remaining contract.
Some years later I had threatening letters chasing a debt of £30. Salt in the wounds as I feel they are worst company i've ever had dealings with. Even worse there was no way of disputing it without ending up with a blip on my credit rating. I was appalled and ended up paying it to make it go away!!!
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Tonight's story really caught my eye because I have been having problems with a similar company. [Company details removed] They constantly ring me, starting at 8 a.m. and often until 7 p.m. They ring on Saturdays and Sundays. Sometimes they leave a message saying I need to contact them regarding a 'personal financial matter' which is ridiculous because I've never heard of them and I know I don't have any debt. I have mental health problems and the whole situation is leaving me increasingly distressed and anxious. I am becoming too scared to answer my phone because they won't leave me alone and currently have 15 plus missed calls from them on my phone. I've had to resort to ordering a new sim card with all the inconvenience that is going to cause because I can't take much more of it.
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Hi,
I have received similar letters from two companies Lowell and [Company details removed] both chasing 2 accounts and total of around 850/= for which I have no recollection of any debt.
As advised, I have sent them letters and also called them to provide the details of these two accounts.
Instead last week I received two more letters from their solicitor [company nmae removed] forcing me to arrange a settlement plan in the next 7 days, quoting a overdue amount in accordance with section 69 of county courts act 1984 with a legal cost.
Please can anyone help we with this what to do next, I have taken steps as advised in this blog.
I am very tense and dont know how to response to these threating solicitors.
Regards
Mayo
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i recieved a letter from lowell on 15/10/08 with the outstanding balance £129.36.
i called lowell on 23/10/08 to find out what was that balanc for, the negociater was only interested to collec the payment and threatened to use whatever means to collect the money, saying they will blacklist me and even turn up to my address to collect the debt. when i called three to enquire they could only confirm the account was correct but had no information as how that balanc got to this, three said it had sold that account to lowell and no longer hold information for that account.
the last pay for this account was 5th Jan 2004. I have been a three customer since 2003 and always have paid by direct debit and never owe any money. i refused to pay the balance unless they send me prove how i owe that money and requested the last bill and a full break down of the balance. lowell promised to hold the case for 90days while they investigate and send the information requested within 28 days.
I have not recieved enything sine nor they have contacted me since but the 90days have not gone yet past and they might still ask for the money.
i am pleased this scandal has come to light and both three and lowell sould be prosecuted for trying to cmake money from people like me that never ever owe any money to anyone. i currently hold accounts with three and promis to never renew or sing up with three againg. this is diccusting and cant understand how they're allowed to treat people like that.
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Hil ive recieved a letter from Lowells stating that i owe 3G 14.98. Ive sent them a letter via recorded delivery asking them to supply proof and a breakdown of the original debt owed. After hearing nothing from them for over 3 weeks i contacted them on the phone to find out why they haven't contacted me back. They said that they had received my letter but wouldn't respond as they don't deal with written correspondence! How is this logical as they had sent me a letter in the first place. So will they respond to the template letter that watchdog have supplied. Please Help. Thanks
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I have read most of the posts on this blog and find that the bullying tactics of these companies outragous. I have a simlar case regarding [Company details removed by Moderator]. i received a letter asking if lived at a an address fifteen years ago to which i replied i did. They then sent me a bill saying that i owed 58.24 counci tax. I called [them] from my works phone in return they noted the number down without my permission and later called me back at my work with a query about the outstanding amount, i had to tell them not to call my works number. I queried how [they] got my address to which they said they could not divulge any info. My old passport was raised from this old address i found this to be too coincidental that 2 weeks before, i had recently applied for a new passport i find this rather suspicus and i am still unable to confirm how [they] got my details. I have contacted and wrote to South Lanarkshire Council regarding this debt.I advised the coucil that i had never received any outstanding bills or letters regarding this amount. I also advised as the outstanding balance is 15 years old i have no previous info or any correspondence regarding this bill. I would pay in full when in repeipt of a statement of account. The council and [the debt recovery company] have typed out an outstanding balance on letters and have added a late fee to this.
Is this is suffient proof that i owe this amount of money?
Should i pay the late fee?
I have phoned approx 12 solicitors to which none will advise the best course of action obviusly the councils are a law unto themselves.
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I have had numerous accounts with 3 and they don't try and claim I owe them a debt they tend to over charge me in the final bill. I then go into credit with them and am still waiting for my money off them even though one of my contracts ended in the begging of December. some people might overlook this and they might be making a considerable amount of money by doing so.
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I've had two letters from Lowell and so far one from their other company [Company details removed by Moderator] In all they are chasing me for over a thousand pounds. This money I am supposed to owe 3G - I rang them three times protesting about these letters and told them I've never had a 3G account or indeed at my age, needed one let alone three.
The wouldn't discuss the matter with me because I wouldn't give them my ecact date and place of birth although they did tell me thier debtor was an October birthday, mine is March. They also said the debt was from a S64 postcode which I believe is in or near Sheffield, I have never lived anywhere further north than Wolverhampton but they still insist I owe this money. They have threatened me in writing with callers, collectors, bailiffs and possible Court action, the latter I would welcome as they would have to bring proof of any contract which I have never had.
I have a serious heart condition and am disabled, this worried me so much I asked Wolverhampton Trading Standards for help and even they can't get any information from them despite phone calls, faxes and letters. Lowell and [company removed] seem to be a law unto themselves, well so be it - Lowell, [company removed], hurry up and take me to court, I want you to do it,
By the way, I trust you will be reinstating my credit rating - I don't owe you any money, never have done and at my age am unlikely to.
Thanks BBC Watchdog for making this public, For once in my life - I'm innocent eh?
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I am having a similar problem with [another company]. I cancelled my contract in May last year after problems trying to transfer my number to a new house. Through no fault of my own [they] failed to cancel the line (a 'technical problem', they informed me!!) and continued to bill me for line rental. Every time a bill arrived I queried it and after many frustrating phone calls I finally spoke to someone who advised that my account would be put on hold while the query was investigated and my account credited. I requested, on many occasions, a final bill but never received this. Assuming, obviously incorrectly, that as I hadn't heard anything at the end of the year everything had been sorted, it was obviously a huge shock to discover a letter on my doorstep on 19th January from a debt collection agency, threatening me with a personal visit, possible legal action or a default notice on my credit file, all for the tune of £32.96. I was told that I had been notified on several occoasions but never received any of these letters!!
[They] will not give me a straight answer as to what these charges are, nor will they let me speak to someone in their complaints department. I have to send all correspondance by post which takes time and delays the resolving of this problem. Through a fault on [their]system I am being bullied by I company I don't believe I owe money too!!!
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If you get a letter from any debt collector or DCA and it is not expected, you should challenge it and also if it has been sold on the authority of the DCA to collect.
If the debt has been 'sold on' then there must be a Deed of Assignment in place to allow the DCA to collect. Request a copy.
If no copy can be produced or none is in place and the debt is apparently sold on, the DCA cannot collect.
If you do not have a copy of your Credit Agreement under the Credit Consumer Act 1974 and cannot rememeber how you left it with the creditor, you can request one under S77-79 of the CCA 1974 (this is your legal right and not a delaying tactic) requesting it in writing and enclosing £1, ensuring that you point out in your letter that the fee is for a copy of the agreement and nothing else.
The creditor or DCA has 12+2 days to supply. Failing to supply is an offence, but more importantly stops the Creditor/DCA attempting to enforce the debt.
Most creditors try and palm you off with a copy of the agreement, sometimes made up of several pages of unattached agreement. The OFT have said that whilst a creditor doe not have to produce an exact copy, a copy made of many agreements is not acceptable as how can it be different from the original. It is therefore important the Creditor or DCA supplies you the original. They will try and resist.
If the creditor cannot supply the orginal agreement it has propbaly been lost, as many banks, credit card co's and other lenders seem to have by not looking after them. In this case your information has not been respected by the creditor.
If you are summoned, the creditor must produce the original signed agreement if you put this in the documents to be disclosed, this being the exact signed copy of your agreement.
Otherwise, no agreement in either of these means that the agreement cannot be enforced and if this is for the next six years the matter is statutory limited and cannot be enforced at the end of this period. Of course if the Creditor or DCA finds the agreement within that time, then he can attempt to enforce the debt.
Whilst a debt is under dispute, the Creditor cannot under OFT debt collection guidance collect on the debt. There are also other things that cannot be done and it is worth reviewing this document - its at the OFT site.
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First got a letter from 3 stating they were passing an upaid phone debt to lowell portfolio -for an account that had been closed 2 and half years ago.
We challenged owing the money but the indian call centre of 3 would not give us any evidence of owing the money.
We also stated this to lowell but they still demanded payment.
My wife was so worried that she paid the amount of 46.59 to them on her credit card.
Just after this we thought it was all settled then a letter from [another debt company] arrived stating it would commence legal proceedings. they said that lowell had passed the debt on to them as it was unpaid even though we had the reciept and credit card statement showing the amount had been payed to lowell in full.
After viewing watchdog on monday night it would not suprise me if they have awarded a default on us as well.
The complaints procedure of 3 and the others seems to be a well designed sytem to put of all but the most dedicated and detirmined complainee.
How can a big firm like this get away with such slander ?
After speaking to lowell today there operator admitted they had been inundated with calls of the same nature- hoping you can help resolve my complaint watchdog thank you
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Thank god you showed this programme.....as I had received a letter from this company 3 days before chasing me for £700 debit althought they are chasing on behalf of [company details removed] who i have not dealt with or heard from in over 2 years
i think that they have got in touch as i queried a default with Experian, as i do not owe any money
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Hi
Had the same problems. An account with 3 closed in feb2007 then a demand from 3 recieved in september 2008. Called as i had no idea what it was about , I have an active 3 account which is fully paid so could not understand the demand.
Requested full explanation , but none recieved. The came the treatening letters from Lowells and Red. I contacted them who said they would put account on hold for 1 week until I had a responce from 3.
Many phone calls to 3 & Lowells later still no information. Having worked in the finance industry most of my working life (30+years) I asked how they could chase me for a debt they couldn't prove. I was told that mobile companies do not "by law" have to provide statements showing how a debt is made up , not like credit card companies. I was also told that 3 would have no record now as the debt is old , so if I paid half the debt )£34) they would clear my debt.
Scared of the treats of bailiffs and a bad credit history I very reluctantly paid. I , like many others here, have poor health and this has caused me alot of distress and has made my condition worse during those stressful calls and letters.
Lowells did tell me that if I could prove i did not own any money they would refund what I have paid them. But how can you prove something when you dont know what it is! Im scared to look at my credit rating as I cant take any more stress!
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We are being hassled and chased for a bill of thousands of pounds which is not ours!. We do think we know who is belongs to though and despite us proving it - Lowells are not listening! We have asked them to provide details of which company the bill was with and for a copy of the signed credit agreement etc(to prove the signature on the agreement) but to no avail. We were about to write to the Ombudsman when we were reassured to hear we are not the only ones hassled by this company for a debt they do not owe.
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I've just called the 'helpline' that Lowell have 'set up' to deal with this. Remarkably they initially asked me to pay the outstanding balance, then after I explained the watchdog situation, I was offered the 'oppotunity' to clear the debt (which I don't owe) for half price! Remarkable.
So I wouldn't get your hopes up about the helpline; I'm going to have to resort to the 'prove it' letter to clear this.
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A letter from Lowells was sent to my address with a slightly different name than my own on it, in Nov 2007. I rang them and they said it was a mistake. Since then I have been inundated with demands for payment of a debt which has nothing to do with me, from debt collection agencies acting on Lowells behalf. Each time I contact each company, they dont write again, but more coming from others. I wrote to Lowells to complain of harrassment, and now they say they will change the name to match the address, and that my credit rating will be severely affected. Surely they cannot do this?
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I to have been in dispute with 3G since October 2007 after paying this company in the region of £1,000.00 for three contract phones. One phone developed a fault and a charger for another didn't work. After phoning them over a three month period and writing several letters which were ignored I cancelled all contracts and do not owe a pennty in phone bills. Their customer service is non existant. I too have rights and those were not being met by this company. To date I have 12, yes 12 debt collection agencies chasing me which contravenes the OFT Guidelines, in short, it's illegal and at no time did 3G write and tell me they were going to do this. I have to say, after investigating debt recovery agencies, they have no powers at all. Just write to these companies outlining your situation. There is nothing they can do to make you pay monies you do not owe. I am currently issuing a complaint to the OFT about 3G.
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I received a demand for from Lowell for £382 supposedly owed to [another mobile network]. When i rang Lowell they could not tell me what the debt was for and told me to contact T-Mobile. I did this and T-Mobile told me it was a final statement which was sent when i cancelled my contract in 2005. After explaining that i had never received any such statement, or any reminder, in the intervening 3 years, they said they could not supply a copy as it was an old account, but, they could send a copy of the final statement. When this arrived all it had on it were two lines of information; my name and mobile number on one line then outstanding balance on the next. What could i do? I began paying it in installments because i have no proof that i have paid this and i do not want ccj's or bailiffs in my life.
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I signed up to Mobile Broadband to allow me to use i-tunes with my i-pod as 3 were transmitting HSDPA in my area via a major communications chain in March. I have had lots of sloping shoulders between the mobile phone shop and 3 with no-one taking responsibility. I have written on numerous occasions to both parties including "Consumer Direct" information that they have on record. I have this week got [one debt recovery company] texting me and sending threatening letters over a bill of £33 which I dispute due to "misrepresentation". The amount supposedly owing is not the problem, it is the principle of it and I gave no authorisation for my personal data to be passed onto third parties like this. I will be in touch again with Consumer Direct tomorrow over this to identify what my next course of action is. 3 will do nothing at all unless directed by the mobile phone shop/company who fob me off. I have screenshots of the signal, all signed documents and a diary.
This is also affecting my credit rating although it is peanuts compared to other loans/credit I have had.
Yours frustratingly
Diggers
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This happened to me! 2 years after I changed from 3 I received a letter from lowell on 6th December. I had paid 3 by direct debit and owed nothing when I left them, never received any letters chasing a debt and out of the blue had this from lowell for £14. Rather than have a fight and poor credit record I just paid it the same day, with an additional £1 for the debit. Last week I received a threat of court action from another company, who had bought the debt from Lovell! A debt I never owed in the first place, then paid(luckily with proof)and now am being threatened by yet another company! What a farce. I have called them and explained but I doubt this will be the end of the story!!
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The sad fact is that when you contact 3 by phone or email it is rerouted to India and someone who I understand does not work directly for 3 but works for an Indian agency 3 employ because it cheaper answers. So its not really surprising that they do not know what is going on. Like the rest of you I have had enormous problems with 3 whose Customer Service is chronic so doubtless eventually I will also be referred to this so called debt collecting agency.I usually find threatening to sue these debt agencies works well or threatening to report them for harrassment. As for the Credit Reference agencies I would like to see them made illegal as some of them publish information on their websites(at their own admission) which is incorrect and do not check with the person they are defaming. Anyone else would be liable for libel. I wonder if it is possible to sue these people for defamation/libel?
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To andysri78,
The credit reference advice is in the form of a video on this website from a credit reference agency. I do not know how useful it is as I haven't watched it yet.I would imagine you need to write to the Credit Reference agency who have altered your credit rating and ask them to revise their rating based on the information you give them. If they do not you can take the matter up with the Information Commisioner who is a Government employee and is supposedly independent of these Credit agencies. Try Googling Information Commisioner (not sure I've spelt this correctly)for how to contact him/her. In fact the Credit Reference Agency will give you the contact details. These credit agencies need looking into, perhaps another story for Watchdog if enough people get in touch with Watchdog.
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lets not forget guys that if you owe money to a company you have to pay. if you dont pay it will be sold to a debt purchaser who will collect the outstanding balance. if you genuainly dnt owe the money then fine quiary it. but if you know its your debt just pay it. ringing and complaining to lowell wont get you anywhere when it comes to your credit score. just pay the debt. if your mate owed you £100 and then decided to say to you. "you now what im not gunna pay you" not nice is it. just pay your debt. i dont think wotchdog will put this message on but just thought i needed to say that
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hi i am reciecing exactly the same results from lowell only they are chasing me for the sum of 7,184 all of which is not even in my name.I have written numerous letters to inform them they just didnt want to know, i even disputed the matter with experian and they wrote back and said that lowell have comfirmed that the debt is mine and my adress, i am at a total loss, the template letter has already been sent but still nothing, can you do any thing to help, iam also being chased for a number of debts that are not mine elsewhere, i have three defaults on my credit file and i can not seem to get rid of them it is causing a serious knock on affect to my life my health and my family.
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The first I knew about this was when, out of the blue, I received demands from Lowell by letter a few days before this watchdog programme was aired. There was supposedly about £50 remaining to pay on a 3G Mobile (aka 3) contract from several years ago. In fact, I had simply closed the account many years ago due to poor service from 3. There was no breakdown of the supposed charge, just a figure I was meant to pay.
Lowell enclosed two letters in their communication: one from them, and one supposedly from 3 to me notifying me that 3 has assigned the "debt" to Lowell. I presume this is meant to be a copy of a letter that I supposedly received from 3, yet I have not had any correspondence from 3 for many years.
Both letters have a date on them from more than two weeks ago, despite only being received a few days ago. The other suspicious thing about this second letter is that, despite being dated two weeks ago, it refers to 30/6/08 as if it were in the future ("We're writing to let you know that, starting 30/06/2008, you should pay the outstanding balance of £XX.XX on your 3 mobile account exclusively to Lowell Portfolio I Ltd"). In other words, the assignment letter has the appearance of not being genuine.
The first letter is quite threatening and says that if I have not entered into an agreed repayment plan by last week then they will instruct their debt collection services (whose name I understand I shouldn't give on this forum, but I will call R) to pursue this debt by any legal method possible including, ominously, a house visit by a "licensed field agent". Note that the deadline for agreeing this repayment plan was four days _before_ I received the letter from them!
Today I received a letter from R demanding that I arrange payment by tomorrow! This was slightly more threatening, mentioning "Attachment of Earnings" and "Bailiffs" in bold type.
I find their tactics quite despicable, though it is quite possible that 3 are also partly to blame for negligently (or otherwise) assigning non-existent debts, as highlighted in the programme. Lowell and R are clearly trying to bully people by high pressure tactics including falsely claiming that letters have been sent in the past that in some cases have not been sent at all, and in other cases were sent very recently but purport to have been sent weeks ago, so enabling them to scare people with deadlines in the past.
Of course many vulnerable people will just give in to their demands and pay the "debt", or worse still enter into a "repayment plan" which would no doubt suit Lowell even better.
I don't consider myself as particularly vulnerable, but I still find this extremely upsetting and distressing. I always pay my debts and am always happy to pay anything I genuinenly owe, but I am reluctant to give in to these people "just to make it go away".
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Dont even get me started on Lowell. The trouble they have caused myself and my partner is beyond belief.
First They sent me letters in 2006 regarding a bank account and Credit Card I have no recollection of having once I told them this they put it on hold and promised to investigate but two years down the line it is still on my credit report and they claim to have received nothing from [the bank].
They also pestered my Fiance into setting up a payment for a phone she never had which was registered to a business address 25 miles away - we explained this but they said pay up or we take you to court she was worried and paid up and is still paying £25.00 a month.
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i have also received two from lowell and 3G stating that i owed £51.oo that am not aware of going back to oct 2005 for sony ericson handset i never actually did get, when i lived in stplehurst as iam now living in maidstone.i have spoke to 3 customer service to three different people whotwo of them confirmed that the contract was concelled and despite my eplanations at length to powell they insist i pay.
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Please dont just stick to lowells, look at the whole industry, they are all as bad as each other with their well worded letters sayinbg we May take yo to court and we Could send in the bailiffs.
These companies buy debts at a fraction of the cost and then chase and hound people for the full amount to be paid woithin 14 days or else.
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Yet another upset "ex-3" customer.
Out of the blue. Lowell sent me a letter in December stating that I had owed £22.93 to "3" and that they were now chasing the debt. I called and told them I had paid over 30 months ago and quoted the date on my bank statement. I also sent a copy of the statement to Lowell.
A month later, [company details removed by Moderator] threaten me with proceedings. I told them I've paid and sent details to Lowell. They asked me to send the same details to them - I refused to waste my time.
Now I am worried about my credit ratings, so...
I phoned Lowell again, who said they hadn't received my details. They asked me to sent proof again.
I will do as they ask - but this is the last time. I want to do other things with my life rather than phone and write and photocopy stuff for which I have never owed any money!
What a crazy world we live in!!!
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Lowells along with most other Debt collection agencies are often in a position where they purchase legally unenforcable debts. To clawback these losses it is standard industry practice to register a default against the alleged debtor thereby placing pressure upon the alleged debtor. Often the first a person hears about one of these debts is when they are refused credit due to the default. The OFT issued strict new guidelines last year which implies that the credit reference agencies should be able to substantiate the information upon dispute. Of the three main CRA's Callcredit are the only one who will abide by these guidelines and amend or move incorrect information. Experian and Equifax are notoriously reluctant to act siding with their client at all times even in defiance of the law and OFT. Until the OFT acts against the incestuous relationship shared between the credit reference agencies and their debtcollection agency clients then the credit files are always going to be full of incorrect information as it will not be in the interests of Experian etc. to refuse the business. The OFT legislated now they need to act on their own guidelines and stop this blight which probably affects millions of people in this Country.
No paperwork or proof no Default!!
FYI for credit scoring purposes a default registers as poorly as a CCJ to most lenders. A CCJ needs lawful documentation,due legal process and a Judge to be registered, a default needs a tele-sales rep on commision to be registered.
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HELP
Would be gratefull of some help, owed £26.63 paid up all though did not think we owed the money have now issues with getting a mortgage i supose due to this.
Are now in receipt of another debt collaecting letter from [Company details removed] who said the debt has been passed on to them, i have had to send them proof of payment when i have already paid Lowwell the money that i had no idea i owed.
Can any one suggest how i can remove the black mark from my credit hisory?
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Needed broadband for iPhone and major network shop said to get 3 as I was in hsdpa area. The true coverage was only 3g at max of 390k whereas I required 500 plus. This shop and 3 passed me between each other via carnal blame. I followed trading standards advice and now three have passed my details and debt of 30.00 to [a debt collection agancy]. Now this case of misselling or misrepresentation has led to my immaculate credit history being affected and the threats from [the debt collection agency] by letter and text started this week. My dispute is with the company who signed me up who will do nothing whilst three want me to pay up as they will only listen to the company I signed up through. Help
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I am so annoyed that these companies can get away with harming your credit report when details they have are not even correct and when you challenge the details e.g send letters of say a nature whereby they should legally reply you get nothing back. How can they get away with it?!!!
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My son has had a problem with Lowells chasing a debt they say they bought from 3. We wrote to 3 to complain and ask them to send full details at how they arrived at a bill of over £700 for a mobile phone contract. They sent a mass of paper, which, when all reviewed, showed that they had issued bills to the value of about £100. They said they were chasing this debt plus a fee for early cancelling of the contract, but there was nothing in all of the papers to say where this early cancelation fee had come from, how it was calculated, or if it was correct. I have now been advised to contact Otelo (www.otelo.org.uk) , an independant service who can investigate complaints to ask them to investigate my sons complaint against 3. I am hoping that they may be able to help to resolve the matter. If the money is owed then it will be paid, but nobody should have to put up with money being demanded of them with no justification as to how the sum has been arrived at.
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I agree with #56 it is not just Lowells.
We have had a problem with someone else. We only corrresponded via post ( i would recommend this to everyone and keep a copy) and gave information to them however they were having none of it and decided to take us to court. We received court papers and sent acknowledgement. Then receive a letted from the DCA stating they were putting the account on hold. So we thought ALL the claim including court and never filed evidence. We then ended with a CCJ due to this. Some of our credit was withdrwn from this. We then had to pay to have the court relook as we had the letter stating it was on hold and the CCJ was removed until a hearing took place.
The DCA have now declared the case closed. It has cost us money, stress and financial problems.
Remember Debts can be collected up to six years after last payment received. Plenty of helpful information can be found on the web from people who have dealt with these co's.
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3g need to be investigated! i dosn't make any sence that a company can say you owe them money and you have no way of proving differnt. me and my partners credit rating are being dragged though the mud by 3g and lowell and [another debt recovery agency]. my partner hasn't been with 3g for 3 years and a few months ago recieved a letter saying he owed £12.93 and this had been sent to creditors, more final notices followed. my problems started back in nov 2008 when i had download charges for games which i never made! but how can you prove it? apperantly i downloaded 2 games within the space of 1 single minute!!!!!!!! i tryed to contact them and thre answer to me was i will pay or pay credit rating would be ruined i worked out my line rental charges to the day and payed over the phone and told them i wouldn't be paying another penny and wouldn't have the phone on again.
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I rang the Lowell helpline on the freephone number and a very pleasant lady (makes a change) answered almost straight away.
She explained that if you had a contract with 3 paid by direct debit and cancelled in month 11 (as you are entitled to do) 3 cancel the DD and you are expected to pay the final bill another way (which was never explained at the time)so it is possible I owe the money.
If i receive a copy of the bill I will look into it and, if I owe the money, pay.
But why on earth do 3 do this? I pay all of my bills by DD so I don't have to worry about them. When you set up a DD you don't expect them to cancel it and ask you to pay months or years later!
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My son closed his account with 3 2 years ago, after the account was closed 3 wrote to him stating he owed £63, the letter was ignored and he then recievd a demand from a debt collection agency.As my son suffers from dislexia I tooke the matter up on his behalf, after several letters to and from the debt collector I had confirmation from them that it was an error and there was no money to pay.
In november 2008 he recieved a letter from Lovell demanding immediate payment of £751. I e-mailed them immediately and never recievd a response. A couple of weeks later he recieved an even more threatning demand, I e-mailed them again and received a response that the complaint would be investigated. 2 months later no response has been recieved.Its a pity in a way I would love to get this shower into court.
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Post 67 Dontues3 thatcould be right.. a friend of mine did some digging and took a lot of time to read the terms and conditions of the contract, she was of the belief that we probably DID owe the money, and i said well why on earth did 3 not issue a separate paper bill the next month with an explanation?/ wed have gladly paid, but instead we get a letter with "you owe £11.29 written on it with no explanation at all.THIS is what is gettin my goat, the total loss of explanation, and bad business, i mean to ask for money a full year AFTER we ended the contract, and if 3 cancell the DD then thats not exactly our fault is it?? they shold send a bill immediately after the contract ended
I have today recieved a letter from Lowell to say they have at my request asked 3 for a fully itemised final bill.
I had also sent 3 this letter so well see now what i actually get, If we do het this bill proper and we pay, it will STILL be on our credit rating, so do we ask for a note to be put by this saying it was a timing error, and 3s fault for not issueing the bill sooner?
keep you posted , best of luck
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hi
can you help me regarding a bill i recived from lowell that i owe a disputed bill for 3G mobile wich i strongly reject since i canceld the contract with them, .
i asked them to provide me with the recorded conversation to prove my point right- but they did not despite promising that they will.
lowell has put on a default on my expirian record that would damage my credit rating. i wrote and emailed them since last august/september but they keep ignoring me, i feel that they are using this as a tool to threathen me to pay something i do not owe CAN YOU PLEASE ADVICE ME WHAT TO DO,
THANK YOU SINCERLEY
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I am in a similar situation as most of you. I keep recieving letters from Lowell's and 2 other companies for so called debts owed by my brother in law(who doesn't even live here but had his phone delivered here coz he was at work when it was due) for 2 missed payments from last year on his current contract. One is for approx £25 and the other for £19. If he owed them this money why have Three not cut him off. My daughter was 5 days late with a payment and they stopped her making calls and sending texts till it was paid. He's still using his.Both he and I have spoke to Three and they keep saying it will be sorted and they also confirmed he didn't owe any money. We have tried to phone these three agencies and only get answer machines and they never return your calls.
I have now been in touch with an organisation called OTELO (got their details from OFCOM)to which Three are supposed to be members who have something to do with the regulators of the phone companies, they have give me the name and address of an executive at Three who I have written to yesterday.
This has caused no end of arguements in the family as my address is now being flagged up has having a bad debtor living here.
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Lowells were sending requests to my mother in law for a supposed British Gas Debt, she had been dead for almost 6 years. Having checked with BGas they confirmed no debt was ever outstanding and in actul fact she was in credit when she died. It took 5 letters and repeated phone calls to get Lowells to accept they were wrong. They are dispicable and caused extreme stress to the family. And they didn't even have the good grace to apologise.
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I have received several threatening letters and complaints over a £20,000 debt from Lowells. I have called them each time to advise that I did not owe this money and was asked lots of personal information. Only when I told them my previous address did they believe I wasn't the person they were looking for and told they would take me off their database. Then a couple of months later I receive another threatening letter. This has happened several times over
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I issued a county court summons against 3 mobile for non supply of services during my contract (this was a very long and drawn out process). 3 paid up by cheque and I felt very pleased. 2 years after ending the contract I had a letter from 3 stating they had passed my debt onto red. It transpired that 3 had billed me after the contract ended for the money they paid me due to the county court summons. I complained to red and heard nothing more. Another year down the line and I received a letter from Lowells stating that I owed £186 for unpaid bills to 3. I explained the situation many times both by letter and by phone. I then noticed using experian credit expert that a black mark had been put against my name. With the help of credit expert I successfully removed the black mark and have heard nothing from Lowells for the last 6 months however I don't know if they still have me on record. All I can say is keep trying and use the right channels to scare them off.
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I noticed when i got my credit report that this company had put a default on my file for an apparent debt of £822. I know nothing of this debt and thankfully my CRA are looking into it for me. The thing is i have never received a phone call or letter from them,ever.Now im not able to get credit or anything because they have ruined my credit history.
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I only found out about Lowell when I was turned down for a loan and saw on my credit report a Communications default on £272 in favour of Lowell. I am an ex-3 customer with an account closed in July 2007 owing nothing. I have recieved no communication from either firm about this. On Jan 26th I addressed your letter to them but as yet have had no response. My credit score remains polluted...
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I had a 3 contract which I terminated in 2004 at the local 3 shop.
I have heard nothing from anybody until October last year when I received a letter from Lowell stating that I owed £319.70 for an account which was closed four years earlier.
I then received a letter from Red copllection agency stating that they were about to start legal proceedings and order the Bailiffs in.
I had to pay up. I couldn't prove that I had closed the account.
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3 are unhelpful, money grabbing, and their customer service is close to zero! They have referred me to a debt collection agency, for 2 months of unpaid bills, for a phone that was reported lost/stolen in may 2008, and a contract that ended 09/08. having paid up until xmas this year i went into the 3 store and asked when my contract ran out and was sheepishly told it was over by 2 months, I cancelled my direct debit, in december, and by the beginning of january had a letter from the debt collectors. after ringing both the debt collectors and 3 to sort this out i was told (after being offered 2 more contracts!!) that if i couldn't pay the full amount, i couldn't cancel my contract, this would have to be done by the debt collectors when my account was up to date, although when i told this to the debt collection company they said they couldn't do anything with the contract that was 3's concern. I rang 3 again who then informed me that when it was paid up i could phone back and cancel, with 30days notice which would mean another 2 months bills, on top of the 2 with the debt collectors, and 2 over paid months this will end up being nearly £250!!! for a phone I have not owned or used since may, and a contract that ended in september! I don't have a brilliant credit score anyway, but i have worked hard over the last few years to rectify this, only to have it ruined again by inept, unproffessional money grabbers like 3. I am fuming and I will refuse to pay these excess months bills. See you in court 3 whether you win or lose you will not recieve one more penny from me!!
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I have just found this link regarding Lowell,(NOW RED) and 3, after spending so much time and money over the past 3 years writing to these people who do not respond and hide behind call centres. I have in fact just posted my letter to watchdog regarding this issue.
I think we should all stand together in the face of this Company. So quick to take our money, provide a very (non existent)service, and threaten people. I will never have anything to do with 3 again, but I WILL take this to the highest possible level to get compensation. My business partner and myself run an honest and sincere business and so much of my time has been spent on these people. I want them to pay me for it!! Good luck to all of you out there!!
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we were contacted by [another debt collection agency] it was taken to trading standards a year later with incident numbers from police regarding harrassment it has now gone to the ombudsman
it has caused a lot of stress and i have also blocked their numbers also blocked voice texts we are awaiting the results
we sympathize with everyone in the same position
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Firstly, Apologies to the moderators for my last post in which i unwittingly broke house rules.
Secondly a BIG thankyou to WATCHDOG as i have now recieved a letter from all the debt collectors saying that they have been asked to close this account and no further action to be taken and there will be no further contact with us!!!!
Its finished, no debt that they can find, Thankyou very much for almost getting me to pay and admit a debt and have a mark on my credit rating which im sure will be wiped clean now!
I hope this is the same for everyone in the same position a we have been .Thankyou again Watchdog!!!! xxx
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This story is funny as only this week I have managed to get 3 to clear and outstanding debt that they have been unable to prove that I owe. I left 3g in feb06 and received a letter 6 months later to say that I owed £25. I asked for an invoice and never got one, then over the next 2 years I dealt with 4 different debt collection agency including most recently Lowell. None of them ever responded to complaints or letter, 3g refused to talk to me, and normally after sending a letter asking them to repsond within their 14days, I would hear nothing for months until a different company contacted me. Finally I contacted [Debt collection agency details removed by Moderator], who weren't overly helpful as they said I should have involved them with 6 months of the compaint arising. They did however recommend that I contact 3g's exec office, which I did and have now had the debt cleared. Although I still have not hafd any answers as to why nobody responded to my complaint letters, as they are legally bound to. Even after the debt being cleared, I received another 2 letters from a different company working on behalf of Lowell. I have just sent them a copy of the bill from 3g showing the debt to have been cleared, so hopefully this will see an end to a 3yr ordeal!
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I also have a problem with 3. Lowell must be the only credit agency that has not written to me.I have had letters from 4 different credit agencies threatening court action. I have sent each of these a copy of a solicitors letter explaining why I am not paying what they say I owe (£98). Not one of these has taken it any further, I assume because they know I am within my rights. I have now been blacklisted for not paying. I only found out because we were going to get a loan the other week and because of this were turned down. I am really annoyed that they won't do anything about my credit rating or take me to court. I expect they think I will pay. I would have paid if I thought I owed it but I know I owe nothing. Very frustrating.
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These issues are not just limited to Lowell. I've had similar experiences with two other collection agencies chasing a debt I was alleged to have incurred on a Vodafone account.
I've not had an account with Vodafone for over six years - thus making any debt statute barred - and neither collection company was willing or able to provide evidence that the debt existed or if it did that the debt was collectable. Despite writing to both companies on several occasions, I continued to receive letters and phone calls demanding payment and threatening legal action. One of the companies even alleged that the debt was not statute barred as I had made a payment towards the alleged debt within those six year, something I knew for a fact to be untrue.
Eventually, after a year or so, they must have realised that I wasn't going to be bullied into giving them money just because they threatened me and I was informed no further action was to be taken.
The questions should be asked are, firstly, how widespread are these practices which amount to little more than demanding money with menaces within the collection industry? Secondly, are these in fact errors or actually standard practice with collection agencies well aware that debts do not exist or are not collectable and are just 'trying it on' and,thirdly how many people have been frightened into paying debts they don't owe through the bullying tactics of these people?
Isn't it time this industry was properly regulated and this sort of legalised extortion stopped?
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i too am hving problems with three phones i have been trying to cancel my contracts since october despite at least 20 phonecalls they have put me on an upgrade until 2010 i have found out that most of my phonecalls have never been logged on thier system i have had 2 bills sent to debt collection agencies to which i have paid as i just wanted it all to stop i have just received more bills for even more money now that they are chrching me for the upgrade and the most annoying thing is i don't even have any phones with them !! they have now sent another bill to debt collection this has also gone onto my credit file i am at my wits end i have been in touch with the executive office at three but still no reply any more ideas i am thinking now let them take me to court!!
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I too have a problem with 3g after being dissatisfied with there service and the huge bills I deceided to cancel the contract, I wrote to them last year giving the 30 days notice as advised, this is where the problems started, I stopped using the phone and switched it off when I tried to speak to the customer services dept. they insinuated that I was lying and I was not told that all I had to do was to write in and cancel the contract, they then told me I had to pay to cancel the contract which would cost almost £300 when I told them that this is not what they told me I had to do the first time, there reply was "we would not have said that" if only I could have recorded the conversation, they even suggested that I declare myself bankrupt so that I would not have to pay the bill again this satement was denied when I called again. In May last year I paid over £200 pound to cancel the contract because I was so disgusted with the service I wanted nothing more to do with the company. I have moved since then and I have been sent letters from 4 different collection agencies none of which are Lowells, I have written to all of them asking for confirmation as to what this debt is for none of them have given me the information required they just keep sending threating letters, the last one being from a different collection agency, this time I have sent the template letter from your site. I am awaiting there response. I know the amount that they say I owe is only £28.92 but why should I pay for something that I have no knowledge of and why can't they provide me with the details, is it so difficult to read my letters and send me the details that I require.
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When my ex and I moved house he used my dads address as a C/O so that important post wasn't delivered to our old address, that was 5 years ago. Now my dad is getting letters for my ex and being my ex he dosen't live with me anymore so I dont have much contact with him. We've returned letters to them but they keep coming through the post. I passed one on to my ex and it says he owes £949 from around 7 years ago on a debt that he's never heard of. Lowell wont listen and understandably my dad dosen't want debt collectors on his door step. He's got high blood pressure as it is but we cant seem to get them to stop!
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I have been sent a letter by Lowell, i had a debt of £425.21 and i have paid this to capital one. Lowell are now writing to me and saying that i am responsible of proving that i do not owe them money. Im told them that they need to prove this to me and they told me they will continue action against me and that they do not have to prove any thing.
Is this right??
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I have been dealing with a 'debt' from 3G since October 2008 and the 'debt' is from 2005.
Since it was raised on Wathdog I had my first ever letter from Lowell as I was disputing the 'debt' and was not sure to the reason why they had added a default to my credit file with no previous contact or warning from them or 3G.
Although I received a letter on the 8th Jan 09 to say they were looking into it, I then recevied a letter on the 30th Jan from a different debt collection agency (this is the 3rd agency now) to say Lowell had passed the debt to them. So much for them putting things on hold while cases are being disputed.
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I am also alarmed by the amount of people who are being chased for a debt although they say cancelled the contract but 3 are saying they did not receive a letter of cancellation.
I am having this problem and have no way of proving I sent them a cancellation letter in Aug 2005.
At this time they did not accept cancellation via email or phone.
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I have also had similar experiences. I had a 3Mobile which I did not renew when it came to the end of my contract approx 18 months ago. A few months ago, I received a letter from Lovell 1 asking for a payment of approx £15 in its normally threatening matter. Perplexed as to why I would owe them this amount, I rang them to have an extremely difficult conversation with the rudest member of staff I have ever encountered. Upon hearing that it was an original debt from 3 Mobile, I contacted them to be told by one of their representatives to ignore any further letters or communication from Lovell as my account showed no debt. Last month I then received a letter from a new company called [another debt collection agency] asking me for the same amount of money. I called them to inform them that 3G had told me I did not owe this debt and was told that I needed to get confirmation from 3 Mobile. When I called 3 Mobile I was told by their representative that they could not discuss my account as it had been sold onto a debt collection agency but that there had been a debt outstanding. I feel it is outrageous that I allegedly owe money but am not allowed to request any details of this debt as each party declares they are not able to give any further details. I decided to cut my losses and pay the amount as I was unable to prove that I did not owe the money and in the hope that it would go away. However, since then, I have received numerous text messages from a [yet another debt collection agency]. When I called them today to declare that the same debt had been paid to the other debt collection agency, I was asked why I had paid it to a company that did not own the debt. How many companies apparently own my alleged debt? I do not doubt this is the end of the matter and expect to get further texts and letters from other debt collection companies which have decided to 'get in on the act!'
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I was so relieved to have seen watchdog and its recent story on phone contracts with 3, and numerous unexplained debts, supposidly owed to them. I have been hasseled by them for over a year for an amount of £76 and at one stage they even sent a letter asking for £276! my contract ended with them in august 2007, yet they were still intent on charging me for use of a phone which hadnt even been in use, from april 2007! I have had numerous letters and phonecalls, from three different debt collecting companies, all on behalf of 3, with various threats from court hearings to bailiffs. They have caused alot of emotional stress to me and my parents as we have never had any kind of trouble with debt before. Even though i knew i didnt owe them anything, the calls were coming in a few times a week, and i was getting extremely worried and upset at the thought of bailiffs coming to my parents house, so i hesitantly sent them a cheque, and made sure i kept the postal reciept. I thought that would be the end, however within a couple of weeks we recieved another letter. We even sent them proof that i didnt owe any further money, and yet it somehow got mysteriously "lost" in the post according to them. We have continued to refuse payment, after having already payed them more money then what should have been paid just so they would stop hasseling us. I last recieved a letter from them just over a month ago, and no doubt i will have another threat soon, but i would just like to say a massive thank you to watchdog, as you have given me the strength to stick to my initial instict and not give into them, i know im in the right, and will fight them every step of the way.
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I have received letters from Lowell saying that I owe the amount of £14.60 from when I had a contract with 3 in 2004/2005. I had cancelled my contract with 3 and so took out a new contract 28 days later with another company. I then received a bill saying that I owed them for approx 10 days of line rental, after the date my contract was cancelled. They had already cancelled the direct debit after taking out the amount for my last bill, but for some reason had carried on my contract without me knowing as I had already started using my new number. I emailed them to ask about this last bill and received a generic email back stating that I needed to call them from my 3 handset. I then checked to see if it was still active, it wasn't so I had no way of contacting them apart from by using their expensive 0870 number. I emailed back to explain that and didn't get a reply.
I then didn't hear from them again in over 18 months. The next time I found out that my "debt" had been passed on to Lowell portfolio and I HAD to pay it straight away. I was aware that this credit mark would disappear as long as I did not acknowledge it after 6 years and so I left it. I have since found out that there are thousands of others out there with the same problem. I am now not sure whether I should write to them requesting this proof as this would then reset my 6 years.
I have today received another letter, so my "debt" has been passed on to another company in Glasgow who have said that I HAVE to pay it within 7 days otherwise they will be sending someone round for the money. I am standing on my principles here to not pay it. It hasn't affected me getting utilities but it has affected me with my new job. Is there a right answer???
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I first received a letter from Lowell Finance dated 7th August 2007, which advised that I owed [a bank] 1058.11 pounds. Upon contacting them, I was advised that this debt was registered at a previous address under a CCJ in 1999. I explained that although I had lived at that address in 1998, I never had a account at that time, so the debt could not be mine. On this occasion, I was speaking to [personal details removed], who advised me that unless I accepted the debt as mine and paid the balance in full, I would be taken to court, where baliffs would be instructed to remove goods from my property. I thereafter contacted [the bank] who stated that because I advised the debt was not mine, they could not discuss the case with me and furthermore, as the debt had been sold to Lowell, I would have to deal with them! I again contacted Lowell and again explained the debt was not mine and I could not afford to pay debts that I did not own. Again I was threatened with baliffs and court action. Not knowing what to do, I agreed to pay 50 pounds a month from my child benefit payments. Why? Because I have never owed anyone anything, have two small children at home and was unwilling to have baliffs at my house in a situation like those I have seen on the television. I have duly paid this debt every month on time to the tune of 858.11 to date. However, last week, after watching the Watchdog programme on this very same subject, I investigated and found that the debt was statute barred and should never have been chased regardless of whether it was mine to pay or not. i immediately contacted Lowell and spoke to one of their advisers - [personal details removed]. [He] stated that although the debt was ' a statutory bill and they could not take me to court, I had a moral obligation to pay....' I explained to him that the debt was never mine to pay and not only was I forced to pay through threats of court action and baliffs, I had also just found out that statute barred debts could not be chased. I stated that I was willing to go to Watchdog, OFT and FSA if they did not return all monies paid in full and close this account. Mr Packard put me on hold for about 20 minutes and when he returned, he advised that his manager had agreed the company would repay me the 858.11 I have already paid and the account would be closed. He then asked for my bank details so they could the money, but having no trust in them, I asked for a cheque to be sent first class post which was agreed. I contacted them on the 3rd February to confirm if the cheque had been sent out and I was advised again that it had been sent that day. Today is now the 10th February - a full week since the cheque was supposed to have been sent and I have received nothing. From the various post on blogs and other websites I am getting the feeling that I will not be receiving my money. I have today also contacted the OFT and the FSA and am awaiting a response. Is there anything else that I can do to secure the return of my money? Please advise. Thank you.
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I feel for you all, I had a situation with lowell in which it took me over 3 years to resolve, finally they apologised and removed all the incorrect information they'd attached to my credit file.
However I like many of of have recieved the recent letter telling me I owe money to three, I am now in the process of sending in copies of letters from myself and 3 which clearly details that the debt was settled and that 3 would have the ammount being chased credited to my account as it was added in error.
I am hoping that Lowell will then remove this, but I am aware through my previous dealings how poorly they operate and this may take some time. The last one took over 3 years and they messed up everything. They had my brothers address added to my credit file, chased me at my brothers which we then had to send proof to Lowell to prove that i'd never live at my brothers address or had any financial dealings there.
I recommend that you request a DATA SUBJECT REQUEST which will cost you £10-00 but under the DPA they have to disclose all information they hold on you.
Lowell also have an abundence of companies under their umbrella that will chase you, but many are all the same based from the same address, look at the address and po box number, this usually gives it away.
good luck every one.
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I had a letter telling me I owed nearly £90 from over four years ago. When I called 3 I was on the phone for over 30 minutes and they couldn't tell me why I owed the money. I asked for a manager and was told that I couldn't be put through to one. I asked for one to call me and I was told that I could be put on a list but that no one would call me back.
What I really couldn't understand is that I am a 3 customer and have been for the last 2 1/2 to 3 years and when I took up my latest contract my name and address were the same as the one I had four years ago - so why couldn't they bring it up then? OR, if I did owe the money, why didn't they ask that I pay it as part of my current contract?
As such, I have nothing from four years ago - not bank statements or bills from 3 and can neither prove nor disprove if I owe anything. When I asked 3 to send me something they put me on hold for around 10 minutes and since I had been on the phone for 30 minutes at the time, I became fed up and hung up.
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We have recieved a letter from [company details removed] stating that they are collecting £448.44 on behalf of [a high street] bank. We were shocked as we have had nothing to do with the bank since 2002 when my husband closed his current account, or so he thought. We had not recieved anything for us to believe the account was still open, however having contacted [the bank] they confirmed that the account had been open and dormant all this time. We have moved since then and they have not contacted us to let us know that charges were accruing on the account. They have defaulted our credit score. However these charges cannot be anything to do with us, as they've only started accruing in the last 2 years. They told us we would have to wait 28 days for back-statements to be ordered. We feel like we are being penalised for their mistake and were hoping to move house, but we are unable to get a new mortgage now because of the default on our credit score.
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i am also havin trouble with 3 but now im being hassled by [another debt collection agency] who happen to be based in india. my debt is over 3 yrs old but they were threatening to take me to court. i made an offer of £100 a fortnight and yet they said no now they want me to pay £50 a fortnight. My question is should i pay them?
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I am having problems with this company too. I originally closed my 3G account in April 2005 and paid off all outstanding debt and received no further correspondence from them. I then received a doorstep collection notice on 08/03/06 from [company details removed by Moderator] stating that I owed £47.06. I was furious and called them explaining the situation. They apologised, said they would investigate and I would not hear anything else from them if there had been a misunderstanding. I did not hear anything more from them. I obtained a copy of my credit report several months ago and found that I had a default on my account from 3G! Again I was furious and called 3G demanding to know why I had a default and they could not tell me anything. Then, out of the blue in January I received a letter from a debt recovery agency regarding a debt of £47.06 owed to Lowell Portfolio 1 Ltd. I received another letter on 13/02/09 stating that I had 'the exceptional opportunity to settle on highly favourable terms' and pay just £23.53 to clear the debt?! I cannot beleive that i have never been contacted by 3G or Lowell Portfolio 1 Ltd regarding any money I owe them and a letter comes out of the blue over 2 years after the first credit agency letter. I will be sending your template letter to the new agency and will be complaining to both 3G and Lowell Portfolio 1 Ltd. Fingers crossed.
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Its not over, see previous post 85. I THOUGHT it was over, it is not, Despite recieving a letter from BCW saying the account was closed, and no further contact from them i now have had a letter from Red who are Lowell saying i still owe the debt and have now finally sent a copy of the fully itemised bill from October 8th, 2006!
I never had this bill in 06! I rang Lowell and they said the letter from BCW is very misleading, not half!!but the debt is still to be paid, my worry is the mark against our credit rating so I rang the National Debt helpline up who said if I DID find a mark on the credit report then it should be from 2006 when the default first happened not last Nov when the letters started,to put one on now is wrong, so once ive recieved my copy from equifax ive to call Red and ask them to update it IF its on my record and im to write a remark saying no bill we recieved in 06 but i have now settled in full.I will now pay this bill as the proof is finally here.
why couldnt they have gotten this bill to me sooner to save all this headache and worry?
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just when i finally thought i had sorted this mess out following the executive office at three getting involved and all my bills cleared by them and my credit rating being restored i have just recieved another bill from three !! one can only hope !!
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Hello
I sent a copy of your template letter to XXXX on 28th January requesting information on my supposed debt.
Heard nothing until this week when a phone call from their 0844 number appeared on my phone - of course I ignored it. I do not know if I have to change my mobile number (again) or if they are going any further (they have not proved anything to me about this). Once they write to me again to prove they have bee given my supposed debt its the big letter/tome identifying the "MISREPRESENTATION/MIS-SELLING DISPUTE" I-phone and I-pod do not work with 3G download speeds but require true HSDPA/broadband which I was not receiving. I can also assume I have one black mark on my credit history for £33 but have cleared £2k of interest free credit this year.
This whole sorry mess of verbal contracts, selling on supposed debts and teflon shoulders of the multi-network snake oil salesmen who promise everything but deliver only to their hard-sell targets NEEDS INVESTIGATING BY SOMEONE WITH TEETH!!!
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The law does not actually protect debt recovery agencies but equally it seems no-one is enforcing any code of conduct either. Is there any point in having a regulatory body if it cannot influence or change the law?
If I was to claim immunity from a debt because that debt was incurred while I assumed the name X but am now known under the name Y, would that release me from any form of accountability - of course not. Why is it that these agencies are permitted to re-invent themselves and deliberately mislead people into thinking that different agencies are pursuing them simultaneously? Why is an agency allowed to ‘gang up’ on people in this way? Psychologically, the impression that several different agencies are claiming monies owed may convince the ‘debtor’ that the outstanding debt must be correct else, how would all these claims have materialised. It is a case of ‘can all these people be wrong’. It is a clandestine way of threatening the vulnerable and exploiting the ignorant, as many will pay off the ‘debt’ to prevent a black mark on their credit rating or because of the fear of court action.
Surely, it would be reasonable to expect a company considering selling on a debt to inform the debtor of the imminent sale? Some responsibility has to be taken by the parent creditor.
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We have started receiving debt letters to our address for a person who does not or ever has lived here. We moved in to the address 17 years ago and have been the only residents. Despite numerous phone calls to Lowell and retured mail, we received a letter again today!! I have phoned again and ask for the address to be removed from their files. anyone else had a similar problem?
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Have been getting these for months - 1100 for a Tmobile bill on an account that was closed 10 years ago.
Have sent in the template letter ! Shocking
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sorry moderator ..what i wanted to say was this ..
The OFT published a guidance note [OFT298] in January 2000 outlining the Director General’s views on misleading letters and collection charges in relation to licensing under the Consumer Credit Act 1974. hope it helps you .
i searched OFT298 it opend my eyes so i will see them in court ... like i said hope it helps ..
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At the moment im dealing with Lowell too but with a different company than 3. And at the moment i have been advised by a management company to report them to the OFT because the management company have been involved that the OFT are investing Lowell because of all the complaints it has receieved over the past few months from the public. So what i say is contact the OFT and they will explain on how to make the complaint the more that is made the more that will be done about this appaling company
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‘Lowell admitted it had got it completely wrong’, WELL THIS IS SIMPLY NOT GOOD ENOUGH, they should by law be paying people compensation for every time they get it wrong and then maybe they would stop getting it wrong.
Good that watchdog looked into these companies, however a 50,000 fine is nothing to these people and they have trading arms which can continue even if they get shut down. To my mind THESE COMPANIES WIELD TOO MUCH POWER AND AS USUAL WE THE ‘COMMON MAN’ GET WALKED ALL OVER and there seems to be nothing we can actually do about it.
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Having the same problem but with a different mobile company. Lowell portfolio contacted me about a debt for £327.45. I have no knowledge of this so I sent them a prove it letter dated 01/03/09, then recieved a letter from RED debt collecting services (I believe they are the same company) again sent a prove it letter recorded, dated 19/03/03 and yet again only this morning recieved another letter from [company details removed] with no reference to any of my letters so today I emailed office of fair trading (OFT) should hear back off them within 10 days.
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I am also now in this unfortunate position. Because it was so long ago there are lots of things I can't remember and I don't have any records of the original contract with the company so I can't say for sure that I don't owe the money, but I really don't know how I could, seeing as I have never been contacted about it. I contacted the company and the representative had no idea that this company was selling their debts to Lowell until she put me on hold and spoke to someone else. I am shocked to find that such companies exist, and that well known companies will sell customer details on to them. I feel very strongly that this should not be legal.
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