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Lowell

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Lowell

Post by Roy56 on Sat May 13, 2017 9:33 pm

Hi all,
Can anyone help me

I sent my defence off to Northampton court 2 weeks ago and Today I received this from Lowell.

We hereby give notice of the assignment of your everything everywhere LTD (formerly trading as t mobile (UK) ltd debt due to us from you in respect of the balance of £274.79 outstanding on your account
On 26/06/2016 your account was sold to Lowell portfolio Ltd.
I also had directions questionnaire




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Re: Lowell

Post by daveiron on Sun May 14, 2017 9:02 am

Hi Roy & welcome.

My response to that would be " I require a certified copy of the DEED of Assignment .Not a Notice of Assignment . Which i have now requested on three (3) occasions (i presume you have done the 3 letters).
Take notice I also require a signed statement from a named individual from T mobile Ltd that no insurance claim has been made on this alleged account.
Further more I require all correspondence to be signed by a named individual who takes liability for its contents.

(Its my belief that companies like T mobile have insurance against debts of this nature .and as such i believe its a very valid request for court.)

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Re: Lowell

Post by Roy56 on Sun May 14, 2017 9:15 am

Thank you  is it to late to send them another letter since I've had a directions questionnaire from the court. They are still saying because it's telecommunications the CCA does not apply to it. Yes I done the 3 letters.


Last edited by Roy56 on Sun May 14, 2017 9:24 am; edited 1 time in total (Reason for editing : Missed out text)

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Re: Lowell

Post by daveiron on Sun May 14, 2017 9:42 am

Point taken Roy,
I guess if your defense fails in court ,it comes down to whether you are bothered about your credit rating.at worst it will only be a ccj.
Should it then go to doorstep collection let us know ,as i believe we can stop that dead.

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Re: Lowell

Post by Roy56 on Sun May 14, 2017 9:49 am

Ok thank you, will let you know of the outcome.

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Re: Lowell

Post by petesomething on Sun May 14, 2017 10:32 am

Hi roy 56

you will need to fill in the Directions questionnaire from the court you can do it on line or if you send by post send delivery with signature from the receiver you have a time limit , make sure you put on it a court near you, what did you put for your defence,
what has Lowell sent you , how old the alleged debt
you have asked for paper work so you have made every effort settle this case
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Re: Lowell

Post by petesomething on Sun May 14, 2017 10:43 am

Yes you have time to send daverion letter to lowell , also say you will defend against any solicitors and court cost because you have made every effort to settle this case, before court action,
lowell can back down at any time
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Re: Lowell

Post by Roy56 on Sun May 14, 2017 1:20 pm

Hi  petesomething the alleged debt is from 2013, my defence I stated I required further information of the alleged debt and to date Lowell have ignored the 3 letter process, pre action conduct letter and CPR 31.14.
Sorry I tried to put my whole defence on here but it's not letting me for some reason

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Re: Lowell

Post by petesomething on Sun May 14, 2017 4:19 pm

Hi roy 56

Ok you have made every effort , that is good ,
If Lowell has not got the contract that is good , have they sent you any monthly statement to show you have been paying T Mobile,

if they have not got the contract they will need to show the monthly statements, to the court .
Lowell have told you that they brought the debt on 26/06/2016 ,,,,we all can say this ,,you need to see if T mobile sold it to them?

Two ways to look at this
1/ Can they prove you had a contract ? ie contract or by statements

2/ can Lowell show they bought the debt legally.


send daveion letter with what i said ,i will defend against any solicitors and court cost ,plus the claim itself on a separate note  i made every effort to settle this , and you want proof T mobile sold the debt to lowell from T mobile .

the trick is to make Lowell give up ,


Last edited by petesomething on Sun May 14, 2017 7:20 pm; edited 2 times in total (Reason for editing : add)
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Re: Lowell

Post by petesomething on Sun May 14, 2017 8:38 pm

Hi,

Just a quick note, what we are talking about.
This is a telecommunications contract. So it is not the same as a credit card or bank loan contract, therefore it does not come under sections 77-79 of the Consumer Credit Act 1974.

Therefore no signed contract is required, if they can show statements because the statements show you must of had a contract to obtain the phone.

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Re: Lowell

Post by mush66 on Mon May 15, 2017 8:24 pm

Does this mean I've got no chance when it goes to court

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Re: Lowell

Post by Roy56 on Mon May 15, 2017 8:30 pm

Sorry was on my partners account.does this mean I got no chance when it comes to court


Last edited by Roy56 on Mon May 15, 2017 8:33 pm; edited 1 time in total (Reason for editing : Missed out text)

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Re: Lowell

Post by petesomething on Mon May 15, 2017 9:20 pm

Hi,

Send the letter, put what Daveiron said, also add to the letter, "I will vigorously defend not just against the claim, but against any solicitor and court costs, I made every effort to settle this." Send it to Lowell. They don't want to go to court for a small amount, they will need to get the paperwork. So send the letter we said about.

The objective is to make them give up before court can take place.

They can pull out of court action at any time. They will need either a contract or phone statements showing you had the phone, then they have got to prove they legally own the debt. This is a lot of hard work for them, for little money.

At the bottom of the letter you will send put, 'We trust this clarifies our position'.


Last edited by petesomething on Mon May 15, 2017 9:22 pm; edited 1 time in total (Reason for editing : add)
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Re: Lowell

Post by Whymeok on Sat May 27, 2017 11:42 am

Lowell got hold of all information but not shown in Court papers they sold the claim Debit, I trying since 2014 cancel new offer contract,I was refused to do this, miss sold, yet they claim for after 2015, whilst I doing letter process, unknown to me if using data it's amitt to contact in place,

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In court to set aside Lowell ccj by default Northampton county court 14.6.2017

Post by Real me on Tue Jun 13, 2017 11:15 am

Hi I tried since a new offer forced by sales men since 2014. New terms on mobile with tablet claim only 53 a math, before this phone for you offer phone contract 14.april 2014, they when bust,only known to me , thought contact with them I'm disadvantage by my complexity disability illnesses, unsure what I was signed my carer never helped me. Notice on shop window says go to Vodafone shop I did on 24.10.2014 to ask store manager whom phone contact with,I'm been paying by card over phone before then.
Instead of offer support keep to current offer , at 29 a math.
I was sales push on me to take on new offer on top.
This new contract was tablet and same phone for 24 MTHS at 53 a mth, yet my over carer refused to come in help me ,so again unsure what was being offered in shop Northampton,

I got paperwork of 24.10.2014 still, I paying up to date cost of data GB bites higher cost ,with in 30 days , of signed new offer. I went back to shop to seek a cancellation of offer with in 30 days to hand goods back too. I was refused.so on 24.10.2014 higher due over 70pounds not amount claim caped at 53pounds I wrote to chief accountant head office Vodafone plc, 17.11.2014 to cancel in writing,and question higher cost I paid while trying to cancel with in time scale says on contact.
I never got response, instead higher cost each mth, I did letter process 3 letter and they sold a debt claim I'm in breach of contract,and from last payment I offered while trying to cancel,
Last payment on 9.2.2015. when letter from Lowell began.
I did same process with letter process with them, still.. dismissed Evey letter,
So in 2016, they put in claim money claim on line, my health got worse ,I not got claim to defend pack. I using local cistern advice charity to seek advice.

Application to set aside ccj and order of full 0ver 1,0000 plus cost more if I loose .I'm on my own tomorrow I'm court, only the statement of accounts I made shows in Lowell paperwork of court , I not sure my proff I did wrote to cancel in 30 days in writing in 2014 means anything or charges claim I using still data in 2015,so they claim for damages of this too.help place

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