Lowell Claim Form letter for debt I don't owe...

[ilikecake]

I feel for you brother!

I'd start my own thread as that looks quite in depth then you can get personalised response

Hehe! Thanks I found it now

[ilikecake]

As an update to the above, I have sent Lowell proof of residence for the date of the bill and the year before. I now have to send the same to the court.

Would it be a good idea to send a covering letter stating that the whole case revolves around the similarity of the initial and surname with no signature etc. that along with the attached proof I feel that it would be a large waste of the court's time and to reconsider taking this to court?

[Amethyst]

Have you had a directions questionnaire from the court or is the claim stayed at the moment ?

[ilikecake]

They sent directions to send the claimant and themselves copies of all the documents that I'll use in court.

[ilikecake]

I've just had a reply from Lowell re the letter I sent with copies of bank statements proving my residence and a bill for time taken.

They start by saying if I've been involved in a fraudulent situation please send them a crime reference number and the officer in charge. More like they're pinning their hopes on finding some poor sucker who'll pay after being bombarded with aggressive correspondence!

Then they ask if I would be willing to settle out of court on the above number.

Then they say that they don't recognise the bill I sent them. But they have a legitimate right to hold and process my data due to the balance owing to their client. Whatever that means.

I may call them but I imagine they'll ask for me to pay some money as a compromise which I'm loathed to pay.

Anyway, any guidance helpful as I'd rather this was over sooner than later.

[Amethyst]

They sent directions to send the claimant and themselves copies of all the documents that I'll use in court.

Have you got a copy of that order ? Was it for witness statements? And if so have you sent a witness statement or did you just write a letter and send your bank statement and address details? And what's this 'bill for time taken' about?

[ilikecake]

Have you got a copy of that order ? Was it for witness statements? And if so have you sent a witness statement or did you just write a letter and send your bank statement and address details? And what's this 'bill for time taken' about?

Yeah I have a copy of the order, did you want me to upload it? It did mention witness statements but I don't have any witnesses, just written proof of address at the time.

I sent them a copy of a year of bank statements at a different address at the time of the supposed debt to BT. I also sent them a bill for any further time taken as I've proven I'm not at the address they state so any time I spend on the case I shall bill to them from this point onward.

[Amethyst]

You are your own witness - but if you can do a pic of the order that'd be helpful just to check things are on track. If you can't upload here then email admin@legalbeagles.info

[ilikecake]

Thanks I'll upload it later

[ilikecake]

Sorry about the bad quality... I've attached the court order, there are a few more directional pages but this is the list of instructions.

Thanks

court order.pdf

[Amethyst]

Thank you for uploading that, it looks like we're okay as your witness statement and documents don't need to be filed until 14 days before the hearing. You do need to do a witness statement but it can wait till after the hearing fee has been paid.

So really you want to reply to that latest letter from the claimant telling them that you have previously reported it to action fraud and give them the reference number, you can also tell them that you had reported it to the catalogue way back when And tell them anything the catalogue co did at that time.

[ilikecake]

Thanks. I have a few questions:

Who are the catalogue you mention in the last paragraph? Also, does Lowell pay the hearing fee?

The other question is that on point 2) it says the hearing will be heard at Bromley County Court but after point 14 it says the hearing of the claim with take place at the Royal Courts of Justice... I'm confused...

[Amethyst]

Sorry, I meant to say BT not catalogue xxx

Yes Lowell pay the hearing fee

I'd missed that about Bromley and the RCJ ... I'd give the court a call to check

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[ilikecake]

Thanks. I've logged a case with action fraud and spoke with citizens advice (they recommend talking to a solicitor in case I miss something and get stung for all the fees if I somehow lose).

Is it worth calling Lowell as they state in the letter to talk it out?

[jaguarsuk]

Thanks. I've logged a case with action fraud and spoke with citizens advice (they recommend talking to a solicitor in case I miss something and get stung for all the fees if I somehow lose).

Is it worth calling Lowell as they state in the letter to talk it out?

NO, any communication with them should be in writing, what is written down can't lie.