Lowell Porfolio - Juris

[lomaximus1]

Hi Cant believe I haven't found this forum earlier!!! Looking forward to a bit of help with this one! Fingers crossed! I will try to keep this brief! I have been sent a claim form from the county court business centre. Lowell Portfolio Ltd have made a claim against me for a three mobile phone contract and I need some advice. Now another life ago I wasnt the best with my money and I had debt collectors, court letters and allsorts chasing me for unpaid debts and charges. to be honest I just buried my head... Now I finished with 3 mobile network in 2010, ran a pay as you go for a while after that and signed up for o2 contract a few years later of which I still have. Now I have a rule these days with letters from this past that occasionally raise their ugly head and that is to ignore them unless its actually taken to court. Of which has served me well over the past 4-5 years. Before Lowell were involved recently I cannot remember at any point having three chasing me for any bill outstanding. Lowell approx 6 months ago sent me a letter saying that they had bought the debt off three and that I now owed the debt to them (what debt?)?? A few letters followed threatening court if I did not pay but no actual court proceedings... 8 years plus ago debt (if any)... ignored it, made no acknowledgment of it carried on. Just over a week ago county court claim form through my letterbox! So I am responding currently online. I am disputing it, and currently filling an acknowledgement of service. I am stuck.. so my question is as follows. There is a box that states "You can choose to contest jurisdiction of the claim made against you." Now I am siding towards ticking the I wish to contest jurisdiction box as this claimed debt (if there is even one!!) is over 6 years old. So this debt (after much research) is statute barred surely. Therefore that would mean that there is no jurisdiction? Can anyone confirm this for me? Would appreciate any help with the what is your defense part as well. I am not 100% sure what to write I'm pretty sure it only needs to be brief but don't want to miss anything critical I need to point out. Oh and to top it off, just checked my credit rating to see when I had a 3 contract and Lowell have put in a default on my credit rating in May 2018, this year!!! Cheeky sods!! hope you guys can help it would be most appreciated! Many Thanks Chris

[lomaximus1]

Hi again! also wondering if it would be best to send the following template letter to Lowell. It is lifted from MSE website? Thoughts?


Account No: xxxxxxxxxxxxxx

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that I have no knowledge of any such debt being owed to CREDITOR

I am familiar with the Consumer Credit sourcebook of the Financial Conduct Authority (FCA) which states the following rules.

"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3

"A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1

"Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.3

"Where there is a dispute as to the identity of the borrower or hirer or as to the amount of the debt, it is for the firm (and not the customer) to establish, as the case may be, that the customer is the correct person in relation to the debt or that the amount is the correct amount owed under the agreement." 7.14.4

"A firm must provide a customer with information on the outcome of its investigations into a debt which the customer disputed on valid grounds." 7.14.5

"Where a customer disputes a debt and the firm seeking to recover the debt is not the lender or the owner, the firm must:
(1) pass the information provided by the customer to the lender or the owner; or
(2) if the firm has authority from the lender or owner to investigate a dispute, it must notify the lender or owner of the outcome of the investigation." 7.14.6

In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I would ask that no further contact be made concerning the above accounts unless you can provide evidence as to my liability for the debt in question.

< add if required ---

In addition, if any default, adverse information, or account details have been reported to the Credit Reference Agencies regarding this account, I require you to remove any such information forthwith.

Recording false and inaccurate information on Credit Reference Files is a breach of the Data protection Act 1998, and may also constitute an act of defamation on your part.

--->

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the FCA of your actions.

If appropriate I will also take this matter forward as a complaint to the Financial Ombudsman Service and Information Commissioner's Office.

I look forward to hearing from you.

Yours faithfully

[Amethyst]

Morning - hang fire on that letter xxx

So, Yes, get the claim acknowledged with intent to defend in full - no need to contest jurisdiction ( that's more for country or type of court )

Then get a couple letters off for info and adapt to state the debt is statute barred - however the MSE letter you've posted isn't really appropriate after a court claim ( or particularly before but that's by the by )

will get you a couple links links to get started with xx Check dates (33 from date of issue of claim)
Acknowledge Claim
CCA Request (to Lowell portfolio )
CPR 31.14 Request ( to Lowell solicitors)
Subject Access Request Letter ( to three)

The CPR letter you can amend to include that the debt is Statute barred ( ref section 5 limitations act 1980 not the fca conc ) and that if they believe it not to be so they should provide their reasons/evidence. Will give you a hand if you pop a draft together

I wish that MSE letter wasn't used so widely - pretty sure everyone who has a SB debt isn't suffering psychological damage from having a couple letters about it. This bit ( unjustified demands for payment amounts to physical/psychological harassment.) just wants to be got rid of and left for people who are actually struggling with harassment and mental health issues. ( just if you're on the thread over there lol )

[Amethyst]

The credit file issue - can you do a screenshot of whats on there ( expanded so start and default dates show) please ( Noddle or whatever you're using )

[lomaximus1]

Excellent! Thanks for taking the time Amethyst! I have just submitted the acknowledgement! I will draft something together tonight/tomorrow for you to look at!

Thanks again Chris!

[lomaximus1]

The credit file issue - can you do a screenshot of whats on there ( expanded so start and default dates show) please ( Noddle or whatever you're using )

Hi Amethyst!

Here is attachment of file from credit report... Im horrified to find that some company called hoist has also done the same and put a default? Who the bloody hell are they?

Thanks for all your help! Chris

[lomaximus1]

Hi Amethyst!

Here is attachment of file from credit report... Im horrified to find that some company called hoist has also done the same and put a default? Who the bloody hell are they?

Thanks for all your help! Chris

Checked further. Lowell have 2 other inserts aswell now on my old work address??? Seem to be different accounts... All 3 from lowell have been entered the same day!?

[Amethyst]

The Lowell one looks like thr mobile phone contract ? Though it's a Pretty high amount Likely included purchase of a handset. Is it same amount as the claim ? Are the amounts completely different from the other Lowell ones ? As far as you know you had the Three account, then moved to O2 who you're still with ... so one can only assume this is the three one but opened 2010 and defaulted 2015 ??? very odd.

Is the hoist one also marked as telecoms ? And the other Lowell ones ? Strange they are at your work address ... might need to SAR Lowell and Houst to try find out what they are.

can you do screenies if those too to compare ?

when is your defence due in btw ?