Lowell solicitors letter of claim

[mrneedshelp]

Thanks, I don't recall if it was sim only or phone to be honest. to avoid court action would the only way to stop it make them a monthlypayment offer?

[Amethyst]

I'd send the reply form back to them asking for more information and then if you wanted to make an installment ( or indeed a full & final settlement ) offer, I'd do that separately after they have received your reply and see you won't just be walked over... but if it got to a court claim the amount could rise by court fee, possibly statutory interest and solicitors cost - so possibly a couple hundred on top depending how much the debt is. There doesn't appear to have been an actual dispute on the debt ? and it isn't really old, so it is more likely that they would be able to produce documents to evidence their claim. There isn't a right answer though I'm afraid. If a CCJ would clobber you and the debt isn't huge I'd probably look at a full & final settlement to get it out of my hair and avoid any chance of a CCJ.

[mrneedshelp]

The debt is just over the £600 mark. I don’t have the funds to clear this at the moment so may just offer a monthly payment. Is it safe to call them or do I fill out the reply form with an offer? I’d prefer to avoid extra charges and any court action.

[mrneedshelp]

Or do I stick to sending the cca letter to Lowell and sending the reply form back to Lowell solicitors.. what is the best/safest option please?

[mrneedshelp]

Think I stick to sending the CCA request to Lowell and the reply form to the solicitor with the option "I need more documents or information". What documents should I request on the form back to Lowell Solicitors? Thanks for all the help thus far!

[Amethyst]

Personally I'd send the reply form, requesting more information and documents, back to the Solicitors, and a CCA request to Lowell, and then go from there, possibly negotiating settlement once I'd had a response from them.

However, safest option wise, and if you do just want to sort out an affordable installment settlement without having to go through dealing with court, and having any additional costs added, then you can use the reply form and income/expenditure to make an offer to pay. If the offer isn't accepted they may still take it to court of course to try and secure the debt.

[Amethyst]

Agreement, terms, statement of account showing transaction history and how the amount being claimed now has arisen, notice of assignment and default notice.

[Ion52]

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 ?

Is a CCA request relevant for a mobile phone contract?

[mrneedshelp]

So I sent everything thing off back in March and got a response saying they are putting the account on hold to request the information. A few week after that I got another letter from them “account update” saying client is compiling a response to the points I have raised in my pre action form and the case is still on hold.

This is was back in April and not heard since. What next?

[MIKE770]

see what then send sometime in the future, long may they not find what they are looking for!

[mrneedshelp]

So another letter turned up today haha. Basically saying they are keeping me informed and that their client is continuing to compile a response and they will provide an update in due course.

[Amethyst]

Awww that's nice for them xxx

Id send a data request to the mobile phone company too so that you have the data you need if they do decide to proceed once they get their house in order.

If you are intending to settle this if they do proceed it's likely a good time to get a good discount before they come up with the information requested. IF.

[mrneedshelp]

I don’t currently have any spare funds to settle this anyway. If they do proceed I’d have to make them a monthly payment offer I guess.

[mrneedshelp]

So after all these week I have a letter back from Lowell Solicitors saying please find enclosed copy of statement and letter of assignment from original creditor. All they sent is a vodafone invoice and a letter saying the vodafone account has been sold to lowell.

They have given me 30 days to setup and agreement with themor they will continue the pre-action process which could lead to a claim.

Just wondered if there is any more steps I can take?

Thanks

[MIKE770]

My daughter has received one from Cabot for a Vodafone<> she never been with them?? seems a lot of letters to people who know nothing being reported???