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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.
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.
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