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lowell solicitors vs Amore

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  • lowell solicitors vs Amore

    hi

    just looking for some help in how to proceed here.


    Received a claim? Yes
    Issue Date: 13/03/2017
    mount approx: 728.84
    Claimant: Lowell Portfolio LTD
    Solicitor: Lowell Lowell Solicitors
    Original Creditor: T Mobile
    Particulars of Claim: The debt related to mobile phone contract taken out 2008 the contract length was for 18th months. the contract was the last month (not sure of exact date but around the end pof 2009) and i phoned to 30 days notice as per what is required. When i spoke to CSR they informed me that could not give notice due to a balance of £554.48 was due as they claimed i had directly dialed internationally which is incorrect as i had used an international calling card which used a local dialing number. over the past few months i have received a few letter from the lovely people at lowell who were demanding that i pay the above sum. I ignored these letters as i was advised that the debt was statute barred and lowell don't have a particularly good reputation .

    now i have a received a claim form and i want to know the best way to proceed. I have already logged onto the moneyclaim website to say that i intend to defend the case in full. I have no made a payment toward the debt since 2009 so i believe the debt is statute barred.
    List any letters you have sent: None as of yet
    Any Other Info: this is the details of the claim as it is shown on the claim form

    1) the defendant entered into an agreement with EE Limited (formerly T-Mobile) under account reference XXXXXXXX "'the agreement'"
    2)The Defendant failed to maintain the required payments and the service was terminated.
    3) The Agreement was later assigned to the claiment on 31/03/2013 and notice given to the claiment
    4)Despite repeated requests for payment, the sum of £554.48 remains due and outstanding. And the Claiment claims.
    A) The said sum of £554.48
    B) interest in pursuit to s69 county court act 1984 at the rate of 8% per annum from the date of assignment to the date of issue. accuring at a daily rate of £0.112, but limited to one year, being
    £44.36
    c)costs

    i have already checked my credit file and there is no record of the debt.

    I would really appreciate any assistance in this matter and hopefully i can get resolved.

    kind regards

    Amore
    Tags: None

  • #2
    Re: lowell solicitors vs Amore

    hi,

    any thought on this would be appreciated.

    kind regards

    Comment


    • #3
      Re: lowell solicitors vs Amore

      What is the date you last made payment?

      I would suggest sending a request for disclosure of documentation under CPR 31.14 to Lowell's Solicitors.. There is a LB template for you to adapt at the top of this page or here http://legalbeagles.info/forums/show...ic-information. The have 14 days from

      I would suggest requesting Deed of Assignment, Notice of Assignment, Agreement, Statement of Account.

      I would also suggest sending a DSAR (Subject Access Request) to EE Limited for the data they hold on you. If you click on templates at the top of the page a template should be there for you to use. EE Limited's Data Controllers address is :-

      TRIDENT PLACE , MOSQUITO WAY, HATFIELD, HERTFORDSHIRE , AL10 9BW

      Comment


      • #4
        Re: lowell solicitors vs Amore

        Originally posted by Joanna C View Post
        What is the date you last made payment?

        last payment was made around october 2009 hence why i believe the debt to have been statute barred.

        I would suggest sending a request for disclosure of documentation under CPR 31.14 to Lowell's Solicitors.. There is a LB template for you to adapt at the top of this page or here http://legalbeagles.info/forums/show...ic-information. The have 14 days from

        I would suggest requesting Deed of Assignment, Notice of Assignment, Agreement, Statement of Account.

        so use the template and request the 4 items you suggested above?

        I would also suggest sending a DSAR (Subject Access Request) to EE Limited for the data they hold on you. If you click on templates at the top of the page a template should be there for you to use. EE Limited's Data Controllers address is :-

        TRIDENT PLACE , MOSQUITO WAY, HATFIELD, HERTFORDSHIRE , AL10 9BW

        i tried to contact EE with the account ref but they refused on ther group that i no longer knew the account number of my old bank i used to use.

        i will use the template to send this across will they be able to deny my request on this basis

        Kind regards


        Comment


        • #5
          Re: lowell solicitors vs Amore

          If they (EE) don't comply within 40 days then you can make a formal complaint to the information Commissioners Office as long as you have sent the £10 fee with the request. Their website if needed can be found here: https://ico.org.uk/for-organisations...ccess-request/

          Send the DSAR by registered post too.

          Comment


          • #6
            Re: lowell solicitors vs Amore

            Hi Amore
            I have had a similar court claim dated 16 feb 17 from Lowell but for Three Mobile. Also for a very old telephone account. I filed a statute barred defence. I suspect part of the amount in your claim is for early termination fees.
            If I can assist in anyway. Please let me know

            Comment


            • #7
              Re: lowell solicitors vs Amore

              hi there.

              had a million thing going on but i finally received a letter back

              the letter goes as follows

              we confirm receipt of the letter dated 26/03/2017 and they then make the following comments

              as this is a telecommunications account it is not regulated by the cca 1974 ( i made a cpr request not a CCA request so this really doesnt make any sense) therefore the original creditor is not oblidged to provide you with a copy of the agreement; however we can confirm that the account originated on 19/06/2006 and defaulted on 10/06/2011 due to none payment. the last payment was made 14/11/2010 for £60. (so this would be statute barred?)

              they attached a letter dated 27/11/2013 which was never received and is not on their headed paper with the old account number and new reference number which is their own.

              there is 2 additional letters which they have inclosed dated 15/02/2017 one which informed me that they will be sending the debt to their legal team. the next was from their legal department requesting for payment to be made.

              the last part refuses my quest for the deeds of assignment as it is an confidential agreement between lowell and EE to which you are not entitled to. no other agreement or deeds novacation exists between you and our client.


              now i have included some comments as the deadline is friday i want to submit my defence.

              if you need copies of the letter of i need to clarify anything i would be happy to do so.

              just two questions

              does the statute barred defence work even though the default was 10/06/2011 although the last payment was 11/10?

              can i re-submit a cpr request as i feel like they ignore what was written as i used the template here which didn't make any mention of cpr.

              kind regards

              Comment

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