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Hi All,
This is the second round bout from Lowells, my first claim from them was thrown out after pleading SB following advice read on the forums and other sites - but they've come back for another shot... and this time the odds are against me (head in sand syndrome)
Received a claim? Yes/No: Yes
Issue Date: 03 JUL 2019
Have you Acknowledged the Claim?: Just this moment
Total Amount Claimed : £900
Claimant’s Name: Lowell Portfolio
Solicitors Firm: Lowell Solicitors
Original Creditor: Talk Talk Mobile
Original Debt (eg. Credit card/Loan/Overdraft) : Mobile Phone Contract
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
1) The Defendant opened a TalkTalk Mobile regulated consumer credit account under reference ** on 02/02/2015 ('the Agreement').
2) In breach of the Agreement, the Defendant failed to maintain the required payments and the Agreement was terminated.
3) The Agreement was later assigned to the Claimant on 28/03/2017 and written notice given to the Defendant.
4) Despite repeated requests for payment, the sum of £***.** remains due and outstanding. And the Claimant claims
a) The said sum of £***
b) Interest pursuant to s69 Count(sic) Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.***, but limited to one year, being £****
c) Costs
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No
List any letters you have sent (eg: CCA/ CPR ): CPR to be typed up, need advice outlined below, otherwise will be written today and printed/signed/posted tomorrow.
Any Other Information or Background Details:
I was a TalkTalk customer for phone/fibre years ago and subsequently took out a mobile contract with them - I didn't realise that they were two seperate accounts and when we left TalkTalk for mediocre service on the fibre line and went elsewhere I assumed the phone contract was also terminated. I contested this with TalkTalk originally, verbally no p/work to verify this but eventually it the debt was passed on to Lowells and buried my head in the sand ever since.
A while ago, before I opened a small credit card, I registered for ClearScore and have checked it religiously ever since, but with the Claim Form dropping in the post today I checked the account number given on the particulars and while there is a Lowell account on my credit report (it is the one I defended with SB a few months ago), there isn't an account with the account number provided, nor the amount claimed on the Claim Form.
How would I raise the issue of the account not being listed on my credit report and would this help in my defence on the claim form?
Also, do I enclose a £1 PO for a copy of the Agreement with the CPR letter, even though it's not covered by the CCA?
Thanks for all the advice I read and followed that helped chase away the previous claim by Lowell, but I really need a bit of assistance from you lovely people for this one.
Regards,
This is the second round bout from Lowells, my first claim from them was thrown out after pleading SB following advice read on the forums and other sites - but they've come back for another shot... and this time the odds are against me (head in sand syndrome)
Received a claim? Yes/No: Yes
Issue Date: 03 JUL 2019
Have you Acknowledged the Claim?: Just this moment
Total Amount Claimed : £900
Claimant’s Name: Lowell Portfolio
Solicitors Firm: Lowell Solicitors
Original Creditor: Talk Talk Mobile
Original Debt (eg. Credit card/Loan/Overdraft) : Mobile Phone Contract
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
1) The Defendant opened a TalkTalk Mobile regulated consumer credit account under reference ** on 02/02/2015 ('the Agreement').
2) In breach of the Agreement, the Defendant failed to maintain the required payments and the Agreement was terminated.
3) The Agreement was later assigned to the Claimant on 28/03/2017 and written notice given to the Defendant.
4) Despite repeated requests for payment, the sum of £***.** remains due and outstanding. And the Claimant claims
a) The said sum of £***
b) Interest pursuant to s69 Count(sic) Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.***, but limited to one year, being £****
c) Costs
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No
List any letters you have sent (eg: CCA/ CPR ): CPR to be typed up, need advice outlined below, otherwise will be written today and printed/signed/posted tomorrow.
Any Other Information or Background Details:
I was a TalkTalk customer for phone/fibre years ago and subsequently took out a mobile contract with them - I didn't realise that they were two seperate accounts and when we left TalkTalk for mediocre service on the fibre line and went elsewhere I assumed the phone contract was also terminated. I contested this with TalkTalk originally, verbally no p/work to verify this but eventually it the debt was passed on to Lowells and buried my head in the sand ever since.
A while ago, before I opened a small credit card, I registered for ClearScore and have checked it religiously ever since, but with the Claim Form dropping in the post today I checked the account number given on the particulars and while there is a Lowell account on my credit report (it is the one I defended with SB a few months ago), there isn't an account with the account number provided, nor the amount claimed on the Claim Form.
How would I raise the issue of the account not being listed on my credit report and would this help in my defence on the claim form?
Also, do I enclose a £1 PO for a copy of the Agreement with the CPR letter, even though it's not covered by the CCA?
Thanks for all the advice I read and followed that helped chase away the previous claim by Lowell, but I really need a bit of assistance from you lovely people for this one.
Regards,