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Overdales Solicitors / Lowells

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  • Overdales Solicitors / Lowells

    Any advice on what I can do in this situation please.

    I noticed I had a default placed on my credit record from Lowells, after I put in a dispute to the credit reference agency, I started getting letters from Lowells about a debt they say I owe.
    About a month ago I had court papers from Overdales Solicitors. I've put in a defence to the court asking for proof that I owe the debt in question.
    So far from Overdales, I've received a copy of the Directions Questionnaire which they say has been sent to the court and another letter that states,

    The information our client has been provided from EE Ltd under the brand T Mobile shows an Agreement which started on 26th June 2018. The account defaulted on 5th August 2019. The last payment made towards the account was on 12 December 2018, for the sum of £41.76.
    The handset linked to the account was an RIM 9360 Curve, with mobile number ending 17730.

    In your defence you have requested a copy of the signed consumer credit agreement for the claim. The agreement for credit is not regulated by the consumer credit act 1974. The original agreements are not exhibited because
    a) The claimant does not have access to a copy,
    b) A copy will have been provided to the defendant at the outset of the EE ltd agreement; and
    c) There is no legislation requiring the Assignor to retain a copy of the original EE ltd agreement.


    and the letter goes on.
    After receiving this letter, I now know, that I DO NOT owe this debt because I have never owned a RIM 9360 Curve, which after googling, I see it's a Blackberry phone. I have never owned a Blackberry phone, nor have I had mobile number ending in 17730.

    The only form I have received and filled in, is the defence to the court asking for proof as I don't owe this debt, I've not heard or seen anything to do with Directions Questionnaire, until I received the copy, from Overdales 2 days ago.

    So, any advice on how to deal with this problem and how do I prove that I have never owned the RIM Curve.
    Tags: None

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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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