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Lowell letter of claim

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  • Lowell letter of claim

    Hi everyone
    so today my mum let me know I had received a Lowell letter of claim
    30 days to prevent legal action
    bit of background info from letter
    tmobile £181.86

    7/6/2009 I failed to make payment terminated and assigned to them on 13/2/2018

    if I fail to respond a county court claim will Ben issued, payment rising to £270.45

    i then have the options
    i owe the debt, I owe some, I don't know whether I owe, i dispute, I will pay, I will pay but need time, I'm getting debt advice, documents provided, I need more documents or information
    and a financial statment

    i did have T-Mobile around this time.
    i was having to leave my job due to personal reasons I contacted T-Mobile to settle my final bill and close my account, T-Mobile told me how much my final bill was and reconfirmed amount, I explained I would not being having any more income so it needed to be left in account it was something around £80/90 I left that amount in my account

    i have been on low income ever since so have never got another phone contract out or anything like that
    i was a victim of fraud in 2009 so have had to have banks changed and pay/ dispute slot of money I owed but never did
    police was involved etc but no charges pressed as was a family's member

    i have never heard from T-Mobile until this my mum said I had been recieving letters from Lowell but she didn't think anything of it until the court was mentioned so this is the first I'm hearing of it

    i have no other debts
    i don't own credit cards or anything like that
    and my income is very low

    ehat should be my next step as the whole court threat is a worry and the thought of paying £180 odd or at worst £270 odd is a massive worry

    any help isn't amazing
    thank you
    Tags: None

  • #2
    Okay. you should use the letter of claim reply form to tell them the debt is over 6 years old ( if the account was opened in 2009 even if it ran the contract that's only likely to have been 18 months so still outside 6 years ) , request more information and find out how this debt has arisen, if they argue it isn't statute barred.

    You should also tick "I dispute the debt" and in the box put - "The debt is statute barred pursuant to s.5 Limitations Act 1980. I have requested further information in Box I"

    and then in the more information section ask for a breakdown of how the debt has arisen, the agreement/contract and terms, any default / termination notice and notice of assignment.

    Don't complete the income and expenditure form. Keep a copy and send by recorded post if at all possible.

    Once you've sent that back you should send a Subject Access Request to TMobile which might get you the relevant information and transactions on the account since the date you spoke with them on the phone. Subject Access Request Letter As it is nearly 10 years old it's unlikely they will have much but they might retain some screennotes etc. Don't know till you ask, and it's free. Give them your new and your old address ( where you were when you opened the account ). It might also set your mind at rest that there's nothing else lurking with them from when you were a victim of fraud.
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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    SHORTCUTS


    First Steps
    Check dates
    Income/Expenditure
    Acknowledge Claim
    CCA Request
    CPR 31.14 Request
    Subject Access Request Letter
    Example Defence
    Set Aside Application
    Directions Questionnaire



    If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service

    Defend Claim - within 28 days from Service (IF you acknowledged in time)

    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




    We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
    If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
    2 of 2 < >

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