Lowell - Old debt, new DCA

[migmag85]

HI,

I would like to ask for some help from you all, as I'm a bit confused.. I've been reading on this site and looking at several others to get the best course of action.

I had a mobile contract with Orange years ago,I had long disputes with them about not getting appropriate service where I lived at the time, they said it was my fault for moving to that area and not checking before moving (I had no choice), even though I couldn't get service.. Any way long story short is they wouldn't offer me anything to exit the contract and and so stopped paying..

Account start date 11/10/2007
Opening balance £ 160
Repayment frequency Monthly
Date of default 04/08/2010
Default balance £ 160

Now, this debt has bounced around from one DCA to another, the last DCA I can't even recall... But now Lowell have it.. I've not received anything from Orange, or the previous DCA about the transfer to Lowell. The only thing I've received recently is a Pre-Legal Assessment letter stating the usual "pay now or CCJ action" etc.... They claim they have sent previous letter/s (???)

Firstly, Where do I begin? Do I ask for a Notice of Agreement or a CCA?

Secondly, I'd like to also highligt to them about their use of threatning language according to OFT guidelines:
Letters presuming the awarding of a Judgement (e.g. stating “when Judgement is granted…”
as opposed to “if Judgement is granted…”)

Lowell uses the language
1. "you WILL receive a CCJ for the amount outstanding"
2."the CCJ WILL be registered against you unless you file a genuine defence"

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

Thank you in advance.

Mig

[migmag85]

Re: Lowell - Old debt, new DCA

[FlamingParrot]

Re: Lowell - Old debt, new DCA

Welcome aboard

I had a mobile contract with Orange years ago,I had long disputes with them about not getting appropriate service where I lived at the time, they said it was my fault for moving to that area and not checking before moving (I had no choice), even though I couldn't get service.. Any way long story short is they wouldn't offer me anything to exit the contract and and so stopped paying..

Account start date 11/10/2007
Opening balance £ 160
Repayment frequency Monthly
Date of default 04/08/2010
Default balance £ 160

Now, this debt has bounced around from one DCA to another, the last DCA I can't even recall... But now Lowell have it.. I've not received anything from Orange, or the previous DCA about the transfer to Lowell. The only thing I've received recently is a Pre-Legal Assessment letter stating the usual "pay now or CCJ action" etc.... They claim they have sent previous letter/s (???)

Firstly, Where do I begin? Do I ask for a Notice of Agreement or a CCA?

The CCA request wouldn't apply to a mobile contract because they are not a credit product. You could send a prove it letter though. :thumb:

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

The OFT ceased to exist with effect from April 2014, its duties were taken over by the FCA.

Letters presuming the awarding of a Judgement (e.g. stating “when Judgement is granted…”
as opposed to “if Judgement is granted…”)

Lowell uses the language
1. "you WILL receive a CCJ for the amount outstanding"
2."the CCJ WILL be registered against you unless you file a genuine defence"

Is it preceded with something like: "If a claim is issued..."?

I doubt they will issue a claim for that amount but I'd be inclined to send a prove it letter to see what they come up with. If they can't come up with anything they may well leave you alone after that. ray:

[migmag85]

Re: Lowell - Old debt, new DCA

Thanks! Appreciate the response... When you say "send them a prove it letter" what exactly does the wording consist of?
Do I ask for a Notice of agreement?

The only letter i've received is the Pre-Assessment letter.

How do i say "prove it" in their language.... FOllowing that.. do I use the 3 letter approach if they come back?

Cheers again!

[FlamingParrot]

Re: Lowell - Old debt, new DCA

Thanks! Appreciate the response... When you say "send them a prove it letter" what exactly does the wording consist of?
Do I ask for a Notice of agreement?

The only letter i've received is the Pre-Assessment letter.

How do i say "prove it" in their language....

There's a template letter here: http://www.legalbeagles.info/forums/...171#post440171

FOllowing that.. do I use the 3 letter approach if they come back?

Cheers again!

NOPE! We do not endorse, use or recommend the 3 letter approach on this site. If they respond, do post up what they say. :thumb:

[migmag85]

Re: Lowell - Old debt, new DCA

thanks once more.. I will send it tomorrow and post any response on this thread...

Thank you for your help.

(y)

[migmag85]

Re: Lowell - Old debt, new DCA

Hey,

Just thought I'd update and close off.. Sent an email to the director that sent me the letter, Jill someone... plus also sent an email to customer relations.

Got a letter sent to me saying they still think the debt is mine but they're not going to pursue it. They're giving up.

Good news.. Bye bye Lowell