County Court Claim, Lowell

[MIKE770]

do not show claim number

[sparkie400]

OK Sparkie - sounds like there is a lot going on with this account. You clearly do have a legitimate dispute with the 'Original Creditor' Three/Hutchinson.

I would urgently send Hutchinson a Subject Access Act request (template in sidebar) - They need to explain how this sum came to be in default.
In the meantime you can make CPR requests, it is hard to know whether CCA will apply but no harm in sending one and see what comes back.

In the meantime you need to defend the case in full, you will need to use our defence template and set out all the circumstances you described in your first post, but also add that you have made these statutory requests for information and reserve the right to amend your defence upon receipt of further documentation.

Good Afternoon, I have not had any feedback or advice of my recent posts...maybe upset someone as ive done this wrong..will be filing my defence later today and would appreciate it having the once over, I have change one of the points to 'Respectfully request the Court'
Regards

[sparkie400]

do not show claim number

sorry, dont know why ive only just recieved this message

[sparkie400]

sorry, dont know why ive only just recieved this message

Claim Number removed from MCOL

[sparkie400]

Defence Filed, Guess i just wait now, I believe lowell have 28 days to respond........have read alot of threads

[sparkie400]

Defence Filed, Guess i just wait now, I believe lowell have 28 days to respond........have read alot of threads

Updste
I have just found the original paperwork for the 3 account
it has
1, The account number Lowell State
2, Clearly states
A, Contract start date 20/12/2013
B, Contract term 24 months
C, Contract end date 19/12/2015
Initial Payment of £119 followed by 24 payments of £29, all of which can be evidenced by bank statements, also an email stateing i contacted them in dec 2015 asking how did they do, refering to me contacting them, this would have been to confirm end of contract

my question is, Could i use this in my witness statement if we get that far?
Many Thanks

[sparkie400]

Good Evening.
I have had a reply from Lowell today,
Not a lot in it really, they say as this was a telecom agreement they are unable to request a copy?
if i try to post this letter will someone PLEASE advise me?
Regards

[sparkie400]

[Celestine]

Updste
I have just found the original paperwork for the 3 account
it has
1, The account number Lowell State
2, Clearly states
A, Contract start date 20/12/2013
B, Contract term 24 months
C, Contract end date 19/12/2015
Initial Payment of £119 followed by 24 payments of £29, all of which can be evidenced by bank statements, also an email stateing i contacted them in dec 2015 asking how did they do, refering to me contacting them, this would have been to confirm end of contract

my question is, Could i use this in my witness statement if we get that far?
Many Thanks

Yes Sparkie, even with Lowells response, your version clearly differs from theirs. As far as you are concerned, the entire account was paid and up to date. A Subject Access Request to 3 should reveal the errors hopefully.

[sparkie400]

Yes Sparkie, even with Lowells response, your version clearly differs from theirs. As far as you are concerned, the entire account was paid and up to date. A Subject Access Request to 3 should reveal the errors hopefully.

Thankyou for reply, I have requested from three,but when i spoke to them they say account no longer with them, also i have now got 3 different dates that lowell claim the account was assigned to them, as i have said earlier the original account, which lowell have correct account number was for an Ipad+16GB, Lowell letter sayys 2GB Mobile data,......Will await SAR and see where we go

Regards

[Celestine]

3 have to comply with a Subject Access Request whether they've sold the account or not, all historic data held about you.

[sparkie400]

OK Guys, Update..SOME GOOD NEWS....I Think..
received a reply from 3 telecom regarding SAR saying it appears my mobile account ( the account in question with lowell ) is invalid, so i sent another SAR with account No. and mobile number, proof of address and copy of photo ID, not received a reply as yet
But today i logged onto MCOL and they have received a:
**Notification that the claim against you was discontinued was received on 23/11/2020 at 19:10:56**
I presume this is the end of the matter??? I always thought there was an error as account fully paid
Now question, how do i get this 'Default Lifted from my credit file'

[Celestine]

Thats brilliant news Sparkie, hopefully you will receive a letter from Lowell shortly to confirm.
The default notice will be a different matter, you need to strongly pursue this with 3 firstly, because if they entered the data in error on your credit file, that is a significant GDPR issue. They will not remove it without absolute clarification that the account was unconnected to you. A persistent email communication battle with 3's Customer Service/Complaints/Legal Team awaits now. Once that is achieved, it will be Lowell who will have to update the credit reference agencies as they now own the account....but only 3 will be able to untangle the muddle behind this. Essentially you are going to have to communicate with both of them to get rid of the default notice. Keep us posted and let us know if you need any help with letters to 3/Lowell.

[Autosec]

OK Guys, Update..SOME GOOD NEWS....I Think..
received a reply from 3 telecom regarding SAR saying it appears my mobile account ( the account in question with lowell ) is invalid, so i sent another SAR with account No. and mobile number, proof of address and copy of photo ID, not received a reply as yet
But today i logged onto MCOL and they have received a:
**Notification that the claim against you was discontinued was received on 23/11/2020 at 19:10:56**
I presume this is the end of the matter??? I always thought there was an error as account fully paid
Now question, how do i get this 'Default Lifted from my credit file'

Just to get my head around this and I am not qualified in any way I am assuming this is the same as a mobile phone contract of 24 months and if you don't give notice it is automatically renewed on a rolling contract basis until you cancel usually by way of upgrade giving you a new contract or moving to another service provider or just completely cancelling. This may also depend on the contact having a sim which you may or may not have used after the end of 24 months which would mean three telecom would have every right to continue billing you until you cancelled.
As I said this is only my opinion as I may end up with same issue regarding my granddaughters iPad. And apologies if I have said anything out of turn as it looks like you have won anyway.

[Celestine]

Just to get my head around this and I am not qualified in any way I am assuming this is the same as a mobile phone contract of 24 months and if you don't give notice it is automatically renewed on a rolling contract basis until you cancel usually by way of upgrade giving you a new contract or moving to another service provider or just completely cancelling. This may also depend on the contact having a sim which you may or may not have used after the end of 24 months which would mean three telecom would have every right to continue billing you until you cancelled.
As I said this is only my opinion as I may end up with same issue regarding my granddaughters iPad. And apologies if I have said anything out of turn as it looks like you have won anyway.

Any theories welcome on how this default came about, hopefully Sparkie will be able to get to the bottom of it; which will be easier without a court claim hanging.