Lowell solicitors

[Guest]

Hi Everybody.
About 2 and a half years ago i had broadband from Talk Talk. Even though it was the worse service ive ever had i stuck my 18th month contract out and told them i did not want to continue as i was going to Virgin media. They continued to take payments from my bank even though i had contacted them several times explaining i did not want it anymore and had canceled my service. In the end i had to stop the direct debit as payments were sill being taken.
Today i recieved a letter from Lowell solicitors acting on behalf of Talk Talk saying i still owed £192 for unpaid services to Talk Talk.
Im fed up of chasing this up with Talk Talk , only getting through to call centers where nobody understands a thing you say. There customer services are worse than the products they sell.
Im quite happy to goto court and put my case before a judge but would just like some advice where i stand with this.... is Lowell likely to win this and add costs to something i dont owe? Or is there a chance i can prove Talk Talk was still taking payments even though i had canceled my internet services with them. I would be greatful for any advice.
Thanks, Wayne




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[Amethyst]

Were any of your contacts telling talk talk that you didn't wish to continue with the service in Writing/email or was it all by telephone?

Does anything show on your credit file from talk talk for Lowell?

I would write back to Lowell telling them you do not recognise the debt, Ask for a copy of the contract and of the final bill.

I would also send a subject access request to talk talk asking for all the data that they hold on you.

Do you have copies of your bank statements showing that direct debit continuing to go out after you had cancelled?

[Wayne_1973]

Thankyou for your reply.
There would of been emails but that was over 2 and a half years ago using my Talk Talk email address which is long gone.
There are* no CCJ or anything relating to Talk Talk on my credit file as far as i know. I checked my credit status a month ago.
Would writing to Lowell asking them to prove the debt work? As the account was mine but the debt after i had canceled my contract isnt.
I can obtain copies of bank statements if needed but i have nothing to back this up as i doubt phone calls made over 2 and a half years ago will count as proof?*

[Wayne_1973]

Can anybody assist with this or point me in the direction of a template letter for proof of debt?
Thanks

[Amethyst]

The debt after you cancelled the contract is still yours but disputed. So reply to Lowell

Dear Lowell
No debt is Acknowledged to your company
I am in receipt of your letter dated xx/xx/2019 in which you allege a debt of £192 is owed to yourselves following assignment from TalkTalk.

It is entirely disputed that any debt is owed to TalkTalk, or subsequently to you. I originally had an 18 month contract for services with TalkTalk which came to an end in xxxx. I informed TalkTalk I did not wish to continue using their services after that date and my account was clear.

Therefore I am requesting a full breakdown of the sum you are claiming, a copy of the original contract and copies of any invoices from TalkTalk dated after xx/xx/20xx. I also require any notice of assignment, default sums and termination.

I am perfectly happy to make payment of any legitimately owed debt however as I do not have any information how this sum may have arisen I believe it is reasonable for me to request that information from you before considering my position further. I request this account is put on hold pending receipt of the information required.

I look forward to hearing from you

Kind regards

xxxxx

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and send a data subject access request to talktalkhttps://legalbeagles.info/library/gu...ccess-request/

[Wayne_1973]

Thankyou for the reply and letter

i recieved a reply from Lowell today including statements from the 4th of june 2017 to the 4th of october 2017, stating that this is period that is owed as there is nothing showing that the contract had ended in May 2017, they also claim that the contract was renewed online on the 6th of october 2016, this certainly did not happen and they have provided no proof of this.

1 thing i noticed is there is a*discrepancy between the first letter from Lowell and the letter recieved today.

The first letter states the last payment made towards the account was on the 17th of May, which is correct, this was the last payment TalkTalk told me they would take as i had ended the services.

The letter recieved today states the payment made towards this account was on the 4th of June 2017 and the outstanding balance is from the 4th of June 2017 to the 4th of October 2017.
No such payment has been made or taken from my bank on the 4th of June 2017.
I can provide bank statements to prove all montly payments were made from the start of the contract to May the 12th 2017.
Is there anymore advice you could provide please?
Regards

[Wayne_1973]

Ok 1 last attempt for help.

This is the letter i recieved from lowell today

I could not attach it as the file fize is to big so i will type what was said.


dear mr xxxxxx
As previously mentioned, the original creditor stated there are no notes on the account that you wanted to cancel the contract, they have also confirmed that you renewed the contract online on the 6th of october 2016.
As the account is in your name and you are disputing this matter, it is your respinsibility to provide sufficient evidence or proof to support your reasons.
In the meantime our client remains satisfied thay you are liable for the outsanding balance.
We acknowledge you will be seeking legal advice, please ensure that we are kept updated with this as failure to do so may result in a county court claim.
Lowell solicitors


this was over 2 years ago, i no longer have proof of my letter and phone calls to TALKTALK to ask for my account to be terminated.

I have asked lowell to provide me proof of the contrafct being renewed on october the 6th 2016 but they still* *have not provided me with anything to prove this.
I certainly did not renew or was asked to renew my contract by TAlKTALK
What should i do next? Who can i complain to about this?
Any help will be appreciated.
Thanks
Wayne

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[Wayne_1973]

Can anybody help on this? Even though i stand firm that a letter was written to talktalk to terminate my services, can anybody offer advice or even just tell me im wasting my time trying to fight what appears to be an error on talktalks behalf.

[Amethyst]

Moved thread to court forum and reading back xx*

[Wayne_1973]

Thankyou and i would like to offer my appologies for posting in the wrong section. Its my first time on a forum.

[Amethyst]

Well, its hardly convincing that they have all the details why they send two letters saying different things is it.... Lowell don't seem to have said the date that the talktalk account was opened - do you know when that was or can you see on your bank statements when you first made a payment to Talk Talk?.

If the contract was renewed in October 2016 as Lowell claim, it can only have been a 12 month contract as the payments were made until May 2017 and they've charged you the June to October payments as a termination fee because you cancelled early.

However your position is that it was an 18 month contract which was due to end in May 2017 - so taken out October 2015.


So you need to send a subject access request to talktalk

Letter:

Subject Access Request Letter

The Data Protection Officer, TalkTalk, Soapworks, Colgate Lane, Salford M5 3TT

That should get the info from the horses mouth, the data should include these screen notes (or lack of) and online renewal allegations as well as a breakdown of the amounts being claimed and transactions through the time you were with them.

Also you have any emails in your history from Virgin from when you signed up with them ? It won't be definitive but it will help show that what you have said about having stuck to the talktalk contract for the 18 months. I'd guess that would have been around May 2017?

Once we have a better idea of start date we can do a letter back to Lowell to say we've asked talktalk for info and reiterate this is disputed.


( don't worry about it - probably not in the right section now actually - but things get seen more here than vanishing onto page two/three of the welcome forum )

[Wayne_1973]

My contract with TalkTalk started in August 2014 and this was an 18 month contract. I was asked by TalkTalk to renew this at any point in my contract, now i just assume it was on going. After over a year of poor service and even having to buy my own router to address some of the issues i was having i decided to give up on TalkTalk. And in March 2017 i wrote a letter and sent it by royal mail signed for. I then phoned 2 weeks later and was advised my final payment would be taken in May. Which it was. Of course i have no proof of this now as i do not have the orignal letter or proof of postage as this is almost 3 years old now. According to Lowell they say there client has no record or notes of this and they say they have had conformatiom that this account was renewed on the 6th of october 2016 from TalkTalk, ive asked for proof of this twice now but not had any response from them regarding the renewal. As the contract started in 2014 and it was 2017 when i asked to cancel, i would of thought i could of left without penalties. I will send the subject access letter as you say. But this is an error on TalkTalk's part and if they have not added notes account what will this prove? Also i do have emails from Virgin from when i opened my account and bank statements when first payments were made.*

Thankyou for your reply.

[Wayne_1973]

Sorry i dont know how to edit my post.

It should of said i was never asked by TalkTalk to renew my contract.

[Amethyst]

My contract with TalkTalk started in August 2014 and this was an 18 month contract. I WAS NEVER asked by TalkTalk to renew this at any point in my contract, now i just assume it was on going. After over a year of poor service and even having to buy my own router to address some of the issues i was having i decided to give up on TalkTalk. And in March 2017 i wrote a letter and sent it by royal mail signed for. I then phoned 2 weeks later and was advised my final payment would be taken in May. Which it was. Of course i have no proof of this now as i do not have the orignal letter or proof of postage as this is almost 3 years old now. According to Lowell they say there client has no record or notes of this and they say they have had conformatiom that this account was renewed on the 6th of october 2016 from TalkTalk, ive asked for proof of this twice now but not had any response from them regarding the renewal. As the contract started in 2014 and it was 2017 when i asked to cancel, i would of thought i could of left without penalties. I will send the subject access letter as you say. But this is an error on TalkTalk's part and if they have not added notes account what will this prove? Also i do have emails from Virgin from when i opened my account and bank statements when first payments were made.

Thankyou for your reply.

Okay so the contract started in August 2014 and was, as far as you recall, an 18 month contract. You did not renew it and as far as you were concerned it had changed into a monthly rolling contract after the initial 18 months.

That is something they will have to evidence otherwise. They will have to evidence the Oct 16 renewal and the terms of such, and they will have to evidence the original 2014 contract.

Of course you don't have the signed for postage now, it was all over and done with as far as you were concerned. * It really does sound like you did everything right.

The SAR to talktalk will be interesting - it will either match Lowells version of events or it won't, or they'll say they have nothing, in which case how do Lowell have the information?*


(Rough letter below for Lowell anyway.....* I haven't put the exact date in 2014 on purpose - leave it vague on that part and see what they come up with )




Dear Lowell

Thank you for your recent letters in which you offer further information regarding the debt which you allege is owed, originally from a TalkTalk account.

I am a little confused, in your letter dated xxxxxxxxx 2020 you state that the last payment was made on xx May 2017.* My records agree that this is the date I last made a payment to TalkTalk. As previously stated this was the final payment due to clear the account following cancellation of the service from TalkTalk.

However, in your letter dated xxxxxxx 2020 you state the last payment was made on 4 June 2017. I have no record of such a payment being made. Please can you send evidence of such payment to include the method and account from which the payment was made.

Additionally you state that I renewed my contract with TalkTalk in October 2016.* This is denied and I have no records of such taking place. I also have no details of any terms that applied to the account from that point.*

You will be aware I originally entered into a contract for services from TalkTalk back in 2014, for an original period of 18 months. After the end of this initial contract period the service became a monthly rolling agreement.* I cancelled the service in XXXX 2017 in writing and followed up by telephone to ensure the account was settled fully.* I opened a new account with Virgin Media for provision of the service at that time.* Since the account was closed in May 2017 I have heard nothing at all from TalkTalk.* It is entirely disputed that any sum was left outstanding and therefore denied I am indebted to either TalkTalk or to yourselves as assignees.

If you consider that there was any agreement in place between June 2017 and October 2017 as alleged I would be grateful if you could provide me with a copy, particularly with regards the term of the contract and cancellation/termination terms.

Please provide me with the full information as previously requested, to include the agreement, a full breakdown of transactions and statements for the full period, notice of assignment, termination notice and default notice. Additionally evidence and information about the alleged renewal in October 2016 and payment alleged to have been made in June 2017.

As stated, I have asked TalkTalk for copies of data they hold regarding my account and they have 30 days to provide this to me. Please put the account on hold to allow me to receive this information before further considering my position with regards your claim.*

It appears that TalkTalk have made a number of errors in their handling of the account and these have now passed over to yourselves. As I stated previously, if there were a legitimate debt owed to TalkTalk I would be happy to make arrangements accordingly, however, with the information I currently have, I do not believe that there is.

Kind regards


xxxx

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[Wayne_1973]

Thankyou for your help AMETHYST

i shall get this letter and the SAR sent tomorrow.
I did do everything right and after all the problems i had with my services and call centers that didnt understand a word you was saying i just thought i had left TalkTalk behind when i ended my contract. How wrong i was..