Received a Court Claim from Lowell simple advice needed

[lynnette]

My son moved to a shared house (will try to find out when it's been so long) and the daughter of the owner took out a contract in her name with Three Mobile for a mobile internet dongle for him to use. He was only there a few weeks and then moved in with his nan and didn't need it anymore. I returned it to the shop with a letter of explanation and the remaining data allowance was unused.The daughter then began harassing my mother in law because Three wanted payment so i paid a small amount to take the debt over. Can i dispute the debt and what do i need to do in simple terms please?

[nemesis45]

Re: Received a Court Claim from Lowell simple advice needed

Hi welcome to LB.

Has Lowell issued a claim?

Please explain " paid a small amount to take over the debt" Who did you pay?

Is the court claim IN YOUR name your, sons or the person who took out the original
contract.

This seems more complicated than something requiring simple answers.

nem

[lynnette]

Re: Received a Court Claim from Lowell simple advice needed

Thanks for the reply, it is in my name and i received a claim form from county court business centre. I think it may have been Three mobile i paid to take over the debt, i'm sure it was before they passed it onto Lowell but i think it only cost £2 or £3.

[Kati]

Re: Received a Court Claim from Lowell simple advice needed

don't worry [MENTION=67104]lynnette[/MENTION] I'm sure @nemesis45 will be along soon xx

[nemesis45]

Re: Received a Court Claim from Lowell simple advice needed

Hi, This seems odd you paid 3 Mobile £2-3 to take over a mobile phone account, were you asked
to sign a new contract Lynette?

nem

[lynnette]

Re: Received a Court Claim from Lowell simple advice needed

No i was not asked to sign a new contract it was just transfered to my name as far as i can remember, nem. Do you think i can dispute it?

[nemesis45]

Re: Received a Court Claim from Lowell simple advice needed

It is highly unusual for a contract to be " handed over for a couple of quid) { my words} in the first
place let alone without a new agreement.

My opinion is yes challenge it and ask for a copy of the Contract " You Signed. It does not exist so nor can the account, so unenforceable I think.

nem

[lynnette]

Re: Received a Court Claim from Lowell simple advice needed

Thanks nem, who do i ask for a copy of the contract, Three, Lowell or their solicitor? Is there anything else i need to do as i'm sure i've seen on here you have to make a request for a cca (enclosing a £1) and something else?

[nemesis45]

Re: Received a Court Claim from Lowell simple advice needed

Unfortunately The Consumer Credit Act 1974 (as amended) does not regulate service contracts.

So send to the Sols.

Ref CC Claim No..............................

Sir/Madam

In respect of the above mentioned claim, please not I don not believe that I have entered into or signed any service contract relating to the alleged debt.

Unless you client can provide unequivocal proof of any such agreement I suggest that this claim is withdrawn.

signed for post!##
nem

[lynnette]

Re: Received a Court Claim from Lowell simple advice needed

Great thanks for the advice nem but do i have to say i'm disputing the court claim officially

[nemesis45]

Re: Received a Court Claim from Lowell simple advice needed

This is dispute of the claim giving the claimant a chance to withdraw!


You still go ahead defending until/ if they withdraw.

nem