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CREDIT DEFAULT ON MY FILE FROM ORANGE.. Lowell portfolio


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Old 22-12-2014, 11:55
Jay_Filmmaker
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Join Date: Jul 2014
Posts: 77

I sent this message via equifax....

I dispute the default on this account and ask that proof is provided of the default notice and the signed credit agreement as I have no recollection of ever signing such a document.

Credit Report Ref No : XXXXXXX
Company Name : Lowell Portfolio
Current Balance £ : 713
House Name or Number : X
Post Code : XXXXXXX

THIS IS THEIR REPLY:

Hi,

The default refers to an orangeicon account that Lowell purchased. We are unable to remove the default. Please be aware that the agreement the customer requires is unavailable as this is not a regulated agreement under the consumer crediticon Act 1974, and therefore our client has no obligation to provide a signed agreement under the provisions of the Act.

In the case of mobile contracts, inserting the SIM card and usage of the equipment is taken as acceptance of the terms and conditions of the contract.

Please ask the customer to contact us directly to discuss the account further.

0844 844 4716
post@lowellgroup.co.uk

Thanks

Can anybody advise the next step please.

Thanks guys
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Old 22-12-2014, 12:28
Darth-Habib
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Join Date: Apr 2002
Posts: 455
I sent this message via equifax....

I dispute the default on this account and ask that proof is provided of the default notice and the signed credit agreement as I have no recollection of ever signing such a document.

Credit Report Ref No : XXXXXXX
Company Name : Lowell Portfolio
Current Balance £ : 713
House Name or Number : X
Post Code : XXXXXXX

THIS IS THEIR REPLY:

Hi,

The default refers to an orangeicon account that Lowell purchased. We are unable to remove the default. Please be aware that the agreement the customer requires is unavailable as this is not a regulated agreement under the consumer crediticon Act 1974, and therefore our client has no obligation to provide a signed agreement under the provisions of the Act.

In the case of mobile contracts, inserting the SIM card and usage of the equipment is taken as acceptance of the terms and conditions of the contract.

Please ask the customer to contact us directly to discuss the account further.

0844 844 4716
post@lowellgroup.co.uk

Thanks

Can anybody advise the next step please.

Thanks guys
Ask Lowell to provide the following

1) The date the contract was taken out

2) What it was for (such as what handset or tablet)

3) By what sales method (online, instore, over the phone)

4) Crucially ask for a breakdown of what makes up that £713 (airtime charges, out of contract minutes or data)

My friend earlier on year had a similar situation with Lowell/Orange.

She had taken out a contract in 2011, returned it within 7 days as she didn't like the handset and orange hadn't processed the return correctly
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Old 22-12-2014, 12:33
Stig
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Join Date: Sep 2003
Location: Sandy Heath, Beds. UK
Posts: 10,379
This is why we should all be checking our credit history.

I recommend Noodle, which is completely free:
https://www.noddle.co.uk/
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Old 22-12-2014, 12:43
d123
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Join Date: Jul 2007
Posts: 3,987

I recommend Noodle, which is completely free:
https://www.noddle.co.uk/
Or even Noddle
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Old 22-12-2014, 12:43
davethorp
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Location: Preston, Lancashire
Posts: 7,255
What is the date of default on the credit file? If it's coming up to 6 years ago it's going to drop off soon anyway so probably isn't worth pursuing too much. Did you have a contract with orange? You say you don't recall signing an agreement but did you actually take out the contract with them?

The response from lowell regarding their obligations to provide a signed agreement is correct. Mobile contracts, with the exception of O2 Refresh's handset plan and similar, are not subject to the consumer credit act
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Old 22-12-2014, 13:53
Rich_L
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Posts: 5,653
Do you actually have the phone or contract?

It's prob just Lowell phishing with someone with the same name as you.
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Old 22-12-2014, 15:49
danielmeah
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Location: Liverpool(L15)l, UK
Posts: 458
Ignore Lowell, they are powerless and just another typical scammy debt collector. they will keep on sending warnings of "Further Action" which typically means sell the debt on.

they even have a history of trying to collect barred debts.
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Old 22-12-2014, 19:03
davethorp
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Location: Preston, Lancashire
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Ignore Lowell, they are powerless and just another typical scammy debt collector. they will keep on sending warnings of "Further Action" which typically means sell the debt on.

they even have a history of trying to collect barred debts.
That's true actually. They've just responded to a complaint I sent them after they offered me a "generous" 75% reduction to pay off a debt that is Statute Barred. They agreed to write off the account as what they described as "a gesture of good will"

Absolutely nothing to do with the fact the FCA regulations say that debt collectors cannot continue to pursue debts where a debtor has told them they won't be paying because the debt is statute barred.

Which reminds me I need to write a suitably toned letter back to them and refer the complaint to the FOS as over 8 weeks have passed since I first complained
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