Lowell solicitors letter of claim

[mrneedshelp]

Hi I’m looking for some advice please.. I received a letter of claim from Lowell solicitors for an old mobile phone account that I defaulted In 2012. What action should I take?

thanks

[MIKE770]

give more details as to when last paid/acknowledged = every case can be different

[mrneedshelp]

From what I remember I took out the phone contract in 2011 made maybe a couple of months payments then lost my job and went down hill for a few months. I never made any more payments and had no contact with creditors etc.

[MIKE770]

where do you live? Statute barred may be in order here = if 5 years Scotland or 6 years England/wales of no payment or acknowledgment of the alledged debt then that would kill any action by lowells?

but if England depends on month of last payment/default? how much are they saying must give more information as we cannot get the picture with no facts?

[mrneedshelp]

I live in England and not had any contact with Lowell or the provider. I have a default from Lowell on my free credit report screen shot attached

[mrneedshelp]

The default is what I got the letter of claim for.

[mrneedshelp]

And this is from my middle report

[mrneedshelp]

Please help I’m not sure what to do. Thank you

[mrneedshelp]

Can anyone advise me please?

[Kati]

Diana M warwick65 MIKE770 ??

[Amethyst]

Hi, Have a read of the First Steps

You should get the claim acknowledged ASAP.
Check dates
Acknowledge Claim

Then example letters for you
CCA Request ( to Lowell)
CPR 31.14 Request ( to the solicitors - Lowell Solicitors?)
Subject Access Request Letter ( to the original creditor mobile phone company )

[mrneedshelp]

Thank you. So as I have a letter of claim do I just send a cca request to Lowell solicitors at this point?

[Amethyst]

Okay so not a claim - sorry I misread - so you have just a letter before action with 30 day response time? Is there a reply form with it ? ( couple of examples in here -> Pre-Action Letters )

Yes send a CCA request to Lowell ( not the solicitors ) and separately you can complete and return the reply form saying you require more information ( agreement, statements of account, assignment, default notice )

[mrneedshelp]

Thank you. So as I have a letter of claim do I just send a cca request to Lowell solicitors at this point?

Yes I have a Letter of Claim from Lowell Solicitors.. So I CCA Lowell Portfolio not Lowell Solicitors where the letter is from?


Do I fill out the reply form as well as and send that to Lowell Solicitors only? selecting "I need more documents or information"

Also with the £1 postal order does that go with the CCA letter made out to Lowell.. Sorry to be a pain but really appreciate your help.

[Amethyst]

Yes, the CCA goes to the creditor ( Lowell ) with a £1 postal order.

The reply form goes back to the Solicitors - selecting the 'more documents or information' part

On your credit file, where it says settled, that is likely where it was settled with the original phone company by them selling the debt to Lowell. Seems Lowell are looking at bringing court action before the debt becomes statute barred Autumn 2018, so it is likely they will proceed.

It is likely the original contract was 12/18 months, so even though you only made a couple of payments it wouldn't terminate until the end of the contract period. Do you recall if you had a handset with the contract or if it was just airtime/data etc ?