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Lowell solicitors

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  • #16
    Ok so a letter was sent to lowell today and so has the SAR to TalkTalk.
    On further reading ive read that these kind of debts are not covered by the Credit Consumer Act 1794.
    Where the creditor does not need to provide a agreement or signature.
    Will this effect the aleged renewal on the 6th of october?

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    • #17
      Recieved a letter from Lowell solictors today basicly saying the same thing, that it is my responsibility to prove i canceled the contract and its me that has to provide proof that it was not me that renewed the contract in october 2016...it also states this is not covered by the CCA1974 ... i cant prove any of this as its now 3 years ago.

      I know for certain i did not renew this account as i had been uphappy with TalkTalk for a period of time and looked for new suppliers.
      Is there anywhere else i can go with this?

      Thanks

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      • #18
        Ive not posted in a while regarding this so i will provide an update. After a lot of letters between myself and Lowell solicitors i basicly told them i wanted this to goto court and challenged them. Last Friday i recieved a letter from Lowell solicitors basicly saying upon reviewing the information i had given them , they have ceased litigation and passed the matter back to their client for further review.
        this tells me that they have no evidence to claim for this in court.
        my only issue now is that Lowell have put a default on my credit file. If Lowell wont take me to court so i can defend this, how do i go about getting the default removed? I have contacted Experian, they have contacted Lowell on my behalf but have refused to amend the default.

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        • #19
          If within 6 years a default stays regardless no case does not mean no default

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          • #20
            Even whe the debt was never your fault? So your saying my credit is going to be bad for the next 6 years through no fault of my own? That hardly seems fair.

            Comment


            • #21
              Originator issues default on such a date then Lowell's buy it they can only change to their name not the original date

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              • #22
                Wow TalkTalk have really screwed me over.
                im not happy about it 1 bit...how can they do this when it was there error?
                ive had another letter from Experian saying i can request and "notice of correction" and add my own statement.
                not sure if it will make any difference.

                Thanks for your replies Mike.

                Comment

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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.
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