Lowell Solicitors usual debt letter

[committeddad]

Hello,

I received the usual letter from ambulance chasers Lowell Solicitors. I need advice.


1- They tell me the usual story that I have a debt with a phone company.

2- I have been out of the country, without an address here, for 2 years. They may have got my present address from the Electoral register.

3- Or it could be because I requested a mobile phone service, back in October, from that operator and they said no on checking my credit record. It cannot be that because they rejected me and why did they not tell me there was a debt, then, if it is true?


4- I do not remember a dispute with that company although I used them years ago. Is there a time limit to make a claim?


5- If it is true there is a debt, why did they not write to me, or with solicitors then, before I left the country?

6- Or they could have written to me while I was out of the country. Lowell says there is a CCJ and I would remember it if it came before I left the country. If they sent a demand for payment and/or CCJ to an address where I did not live, is it valid?

7- They claim there can be costs. is this true and, if so, would they be valid if I never knew about their claim?


I have some possibilities:

1- Call their bluff, do not respond and wait to see if they will really go back to court. Is their technique to make sure that they have the correct person and address with your response?

2- They wrote my name wrong. Send their letter back saying there is no-one by that name here.

Thank you

[Amethyst]

Or option 3 - reply asking for more information as you don't recognise the debt.

Any idea how long ago you last had a phone with that company? Does anything show on your credit file relating to them at all?

[committeddad]

Hello,
Thanks for the reply.
Trying to remember, I had a dispute with a mobile phone company several years ago. I did give them all the reasons why I cancelled my payments and told them they were in breach of contract. I do not remember if it was the same one but that matter was left like that. While I was still in the country, I did not get the nasty letters from the solicitors or a court summons. Like I said, why did they not say it when I approached them at the end of last year either, because they had sold the problem to these solicitors?
I am saying I am proceeding with caution about writing to them and identifying myself. It would be nice to know if other people ignored them and they did not take the matter further.

[Amethyst]

You could ignore for now, and reply if you get a 'letter of claim' ( see https://legalbeagles.info/forums/for...-for-reference for what a letter of claim looks like - if you get one of those you should reply) ….. and use this time to get info from the original company to help you decide if you are going to defend the case or negotiate a settlement - send a SAR Subject Access Request Letter

[committeddad]

Yes, I can see that theirs is not a proper letter of claim with the options to respond, etc, as on your link. It is the one page one trying to suss me out. if they sent an original letter of claim to an old address, when I was our of the country, it is their problem.

[Amethyst]

Okay, you can file it away, send a SAR to the original creditor to gather info so you are ready and informed if they do send a letter of claim, and wait and see.

[committeddad]

Thanks, I will just wait and see if they are bluffing spending money on the claim

[GBExile]

Thanks, I will just wait and see if they are bluffing spending money on the claim

Good luck with ignoring it because they already have a CCJ against you. All they have to do is pass it on to the high court which will cost them about £60 (which will be added on) & then you will be incurring additional expenses & there will be nothing you can do about it.

Ignoring a CCJ is not wise.

Lowells are not going to lie about you having a CCJ.

[Amethyst]

Ahhh didn't realise they said they already had a ccj - should show on your credit file or the judgment register at least if there is and it was obtained within the last six years.

[committeddad]

Without knowing much about the legal process, and from what other people say in the forum, I reckon their CCJ is invalid because:

1- Like I said, if it is the company I remember having a dispute with, I told them several times I was ending my contract early as they were in breach of contract. Then they went quiet, why?
2- They did not take me to court while I was still in the country
3- I did not receive court papers so that I could defend myself
4- If they sent them to an old address and while I was out of the country and while I did not have an address in the UK, it is their problem.
5- It is too late now to show the court the exchange of correspondence giving my reasons. I do not have the papers anymore.
6- It is coming to 6 years since I had a dispute. I did not receive a court claim in that time.

[Amethyst]

Have you checked the register / your credit file to see if there is a ccj ? and if there is , when it was obtained ? As this is the first you know of it you could consider applying to set aside the judgment.

[committeddad]

Can do. yes I was thinking about that, mainly to try and remove the CCJ from my credit score, if possible.

[Amethyst]

https://legalbeagles.info/library/ho...-judgment-ccj/