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Lowell cour claim

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  • Lowell cour claim

    Hi,

    A few months ago I received a simple procedure court claim from Lowell regarding mobile 3g account previously with Hutchison 3g.

    I responded to this claim, asking the court for Lowell to provide proof of the claim by providing the original agreement, of which the courier requested Lowell to do and gave them 21 days to respond.

    Today Lowell have responded with the following.

    Good afternoon,
    Lowell Portfolio I Limited v myself
    GLW-#######
    I refer to the above action in which we act for the Claimant. With reference to the attached Court Order dated 7
    November 2024, I note that the Claimant was ordered to lodge with the Court and intimate upon the Respondent,
    within 21 days of this Order, a copy of the Telecommunication Agreement issued by the original owner for 3G Mobile,
    account number ######, to which the account is associated.
    Whilst we understand that the deadline for lodging and intimating this document was 28 November 2024, with
    apologies, this document is not able to be requested from the original creditor. This account is not a regulated
    agreement under the provisions of the Consumer Credit Act 1974. There is no statutory requirement to sign an
    agreement in order to obtain an account of this kind. As this document is not available, we are not able to lodge or
    intimate this. We are endeavouring to gather all other documentation and, once obtained, will lodge and intimate
    these as soon as possible. We apologise to the Court for this delay.
    Should the Court require further clarification, we would be happy to assist.

    Looking for the best way for me to put add a response to this.

    Regards

    Tags: None

  • #2
    Hi SAVCUK

    Welcome to LB

    They are correct in what they are saying regards a Agreement as such.

    But they should provide Terms and Conditions.

    In saying that, they may comeback and say they would have been in the retail box with the phone.

    You want a copy of the Terms and Conditions.

    Send Hutchinson 3g account a SAR, make sure you get Proof of Postage.

    https://legalbeagles.info/library/gu...ccess-request/

    Comment

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