Lowells letter I have 15 days to respond.

[janjan09]

Hi . In 2018 I went in to dispute with Vodafone regarding them saying I had not made a payment of £200. I have an email copy of the online chat with an advisor confirming that the £200 had in fact been paid. After a few weeks I was being I was contacted to say I still owed them £200?. In the middle of all this, I had a breakdown mentally and also had a bereavement so the hassle with Vodafone was shoved to one side I was dealing with just so much. I ended up staying with a relative to convalesce for a month during which time my relationship broke down ( Luckily we worked through it and we are ok now ). We moved to a new house 14 months ago and everything has been a lot better. Jump forward to last week and although I would say I have had about 4 letters from Lowells over the past 3 or so months the last one has shaken me up and landed me mentally where I was back in 2018!!!!. It reads along the line of " They have had no response from their letters and I must respond in 15 days ". Then a list of what action there likely to take. CCJ, Attachment to earnings ( I haven't been able to work for years due to my mental health )... Now if they send me court papers etc can I defend it by saying that Lowells are 3rd party interlopers and I have no contract or agreement with them as they "bought " my debt and as such, they have paid off my debt and there is no debt ?. Also, can I quote the bills of exchange act section 23 paragraph 1. Signature is essential for liability. No person is liable or endorser or acceptor of a bill that's not signed as such. Also, data protection has been breached as Lowell has all my details. I did not give my permission?. I have been on youtube and got loads of interesting info and found a youtube channel and the fella on there is called Alan Daly and he claims that by quoting the Bill of exchange act etc he has writenoff debts for clients. Any one know about this and can it be used in court to defend a claim? Many hanks for any advice .

[echat11]

Hi JanJan09

a) What exactly have they sent?, Does it state Letter Before Action?

b) You say you paid £200, you have written confirmation of the payment from Vodafone, is that correct?

c) Did the payment go through? Have you checked with the bank?

[janjan09]

Hi there. Thanks for your reply. When I opened it I threw it away I just saw the words 15 days to respond and went in to a blind panic, Which was followed by a panic attack. Was in a right state when hubby got home. He doesn't know about this old debt either which pu
ts me even under more pressure.

I have an email transcript from the online chat with regards to the amount I owed them. It states clearly that it was confirmed that the payment had been taken and gone through. Regards proof that regarding the bank, well it was in 2018 and due to my mental health issues and going through quite a difficult period in my personal life due to bereavements divorces and illness I simply cant remember. Also in late 2018 I changed banks as well. The thing is I vaguely recall Vodafone did not inform me of how the charges had racked up regards my usage etc, Also they didn't put a block on my services either so until they hit me with a big bill I had no idea I was getting in debt !!. Also one other thing is I recall being talked in to getting a contract for a Tablet by an advisor who called me. As mentioned I do have anxiety and depression and god know why I agreed to it but due to her hard sell I caved in and ended up with a Tablet I didn't need . I am being charged for ending the contract I had with them and they were wanting £1300 off me. I had my back against the wall really back then as I just didn't have that much money (Still don't lol ) and I hid away from the debt thinking it would just go away.... I am at my wits end. No way can I pay it and no way will I survive the scrutiny of Lowells and courts etc etc . I cant bare the thought of them trawling through my private financial life in front of a court I am having nightmares about it all. Part of my illness is my failure to handle my financial matters which is why I got in this debt. I have borderline personality disorder and spending beyond control is just one of the many traits for people like me. Do you know of this bills of exchange Act 1882 ??. Any how thanks for getting back to me.

[echat11]

a) Right, what you need to do is stop Lowell's taking any immediate action.

Amend and send Lowell's the following template, make sure you get Proof of Postage -

https://www.nationaldebtline.org/sam...-not-owe-debt/


b) You also need to send Vodafone a Subject Access Request, they will send you all the data on the account over the last 6 years. They have 30 days.
Make sure you get Proof of Postage.

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

[janjan09]

Hi and thank you for the advice and the link you gave me. Am I right in assuming that the letter to Lowells is to tell them I don't owe the debt ?. Its just that I am not sure how this will work as I do owe the debt but it was out of my control as to how it accrued and I hadn't got the strength back then due to my mental state to dispute it !!. I also am not sure which address to post the letter to either as I didnt make note of it as I threw it away in panic.... Also will the subject access to Vodafone help my cause in any way or will it just prove I owe the debt and have to repay it. Once again many thanks. Its all just a mess for me and It is helping me to be able to talk about it I really do appreciate any advice at this worrying time.

[echat11]

a) 'Am I right in assuming that the letter to Lowells is to tell them I don't owe the debt ?. Its just that I am not sure how this will work as I do owe the debt but it was out of my control as to how it accrued and I hadn't got the strength back then due to my mental state to dispute it !!.'

You're are essentially saying that you don't owe the monies as it was paid in 2018 (£200). So you need to amend the letter to reflect your circumstances, it will stop them harassing you and give you time to get information from Vodafone. For example change the following line, it only needs to be a couple of lines, no more then that. Make sure you get confirmation that they have received it.

'I have no knowledge of any such debt being owed to Vodafone as full payment was made in 2018. A dispute was raised with Vodafone at the time'.

b)Also will the subject access to Vodafone help my cause in any way or will it just prove I owe the debt and have to repay it. Once again many thanks. Its all just a mess for me and It is helping me to be able to talk about it I really do appreciate any advice at this worrying time.

You are saying you paid it in 2018 (£200), then you have proof. If you didn't pay it then you still have options, you can reassess when you get the 'information' from Vodafone. Example, you can fill in a income and expenditure form and pay what you can reasonable afford to pay each month, even if it's £1 a month. It's not a priority debt.