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Help with Lowell claim for TalkTalk debt

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  • Help with Lowell claim for TalkTalk debt

    Hello,

    Received a claim? Yes
    Issue Date: 7th Oct 2019
    Have you Acknowledged the Claim?: Yes, today 10/10/19 online.
    Total Amount Claimed: £583.83
    Claimant’s Name: Lowell Portfolio 1 LTD
    Solicitors Firm: Lowell Solicitors Limited
    Original Creditor: TalkTalk Telecom Limited
    Original Debt (eg. Credit card/Loan/Overdraft) : Telephone and broadband supplier

    Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
    1) The Defendant entered into an agreement with TalkTalk Telecom Limited under account reference ********** (‘the agreement’).
    2) The Defendant failed to maintain the required payments and the service was terminated.
    3) The agreement was later assigned to the Claimant on 26/02/2016 and notice given to the defendant.
    4) Despite repeated requests for payment the sum of £461.88 remains due and outstanding.

    And the Claimant Claims
    a) The said sum of £461.88
    b) Interest pursuant to s69 County Courts Act 1984 at 8% per annum fom the date of assignment to the date of issue, accruing at a daily rate of £0.101, but limited to one year, being £36.95
    c) Costs

    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): I have spoken to the claimant as I have held another account with them since the account in question.

    List any letters you have sent (eg: CCA/ CPR ): working on
    1) Write to Claimant to obtain a copy of the credit Agreement
    2) Write to Claimant's Solicitor to obtain more information about the claim.
    In the process of completing the second letter (with help).

    Any Other Information or Background Details: As I haven’t had anything to do with this account for nearly five years, I am struggling to remember exactly what happened, but I can only assume TalkTalk charged me a massive early cancelation fee which has made up almost the entire debt. I have recently spoke to TalkTalk and below is what I received regarding information about the account.

    “you opened your account May 9th 2014 and your first Direct Debit was rejected and a bar added and there was an unbilled
    usage breach. The bar was lifted and payment date was moved. 20th of June 2014 a card payment
    was declined but also paid on the same date.
    July 3rd 2014 a payment was again rejected and TalkTalk was notified that the Direct Debt was
    cancelled and a bar was placed on your account. Left outstanding was £43.91 from the month of June
    2014 and £50.77 from July 2014.
    Noted 29th of July 2014, on a telephone call you advised that you would call back to finalise these
    bills and you was unaware why payment's were delayed.
    Following on to October 22nd 2014 there was a cease order and on the 5th of November 2014 the
    contract was terminated. Thus leaving the outstanding amounts sated. On the 31st of December
    2014 we sent out a Default Notice Letter. 9th of January 2015 there is a note on your account
    advising of 3 £10 late fees that had been applied due to no payments.
    Finalising the account was closed 26th January 2015 passed to Lowell 12th of June 2015. Balance of
    £461.88 as of 29th May 2015. This debt was then with a collections agency, then sold to debt sale
    Lowell”

    I am unsure at this point what defence I have, but I assume I need to send a CPR 31.14 letter to Lowell solicitors, and an SAR to TalkTalk?
    Could you please advise of what I need to request within the CPR 31.14 letter from the solicitor, based on my situation and anything else I need to do please.

    Thank you in advance.
    Tags: None

  • #2
    Im assuming the CPR 31.14 will be to request the agreement, assignment and notice?

    Is that correct and how would I word it please

    Comment


    • #3
      CPR 31.14 Request

      Comment


      • #4
        Hi MIKE770,

        Thank you for the link provided.

        Could you confirm the documents I am entitled to request from their list of particulars and also anything else I am entitled to ask for.

        Thank you very much, Steve

        Comment


        • #5
          only those mentioned in the court claim = at this stage

          Comment


          • #6
            Thanks again MIKE770,

            Sorry if I sound a bit dim but can you clarify exactly what I am entitled to ask for, with regards to the below particulars?

            1) The Defendant entered into an agreement with TalkTalk Telecom Limited under account reference ********** (‘the agreement’).
            2) The Defendant failed to maintain the required payments and the service was terminated.
            3) The agreement was later assigned to the Claimant on 26/02/2016 and notice given to the defendant.
            4) Despite repeated requests for payment the sum of £461.88 remains due and outstanding.

            Is it just the assignment and the agreement? Or are there others I should ask for from the particulars?

            I would like to know how the balance sold by TalkTalk reached £461 (I believe 90% of it must of been an early termination charge)

            Comment


            • #7
              they have stated an agreement x 1
              assignment notice = x 1

              as stated only what is mentioned within N1 court form = particulars of claim = at this stage

              Comment


              • #8
                Amethyst

                Comment


                • #9
                  Thanks I will get this CPR 31.14 done tonight and sent off recorded to the solicitors tomorrow.
                  (It is just the solicitors I need to send it to yeah?)

                  Fortunately I already have my SAR from TalkTalk, as I requested it recently for another purpose.

                  Is there anything else I should be doing apart from sending a CPR 31.14 at this point?

                  Thanks again

                  Comment


                  • #10
                    Ok. For now

                    Comment


                    • #11
                      Also, do you just remove this paragraph from the CPR 31.14 template if your case is not regulated by the CCA?

                      For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, xx/xx/xxxx.

                      Comment


                      • #12
                        Hi Guys,

                        I sent my CPR 31.14 request off to Lowell last week but am now wondering if I sent it to the wrong address.

                        I sent it signed for to:
                        Ellington house,
                        9 Savannah way,
                        Leeds,
                        West Yorkshire,
                        LS10 1AB

                        But looking at the claim form again, it shows that addresss for the claimant but says address for sending documents if different:
                        PO BOX 1419
                        Northampton
                        NN2 1BU

                        Has anyone used the Ellington house address when responding to Lowell Solicitors or have I made a big mistake.

                        ​​​​Thanks Steve

                        Comment


                        • #13
                          I did the same once but ended up in correct department

                          Comment


                          • #14
                            Hopefully mine will too MIKE770
                            I suppose with it being signed for, they would feel more responsibility to ensure it was passed to the correct department, to avoid any comeback on the staff member signing for it.
                            ​​​​

                            Comment


                            • #15
                              Hopefully mine will too MIKE770
                              I suppose with it being signed for, they would feel more responsibility to ensure it was passed to the correct department, to avoid any comeback on the staff member signing for it.

                              Comment

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