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Hello everyone,
Long time lurker new member here.
I wonder if anyone can help me with some advice re Lowell solicitors.
Thank you in advance to anyone who manages to get to the end of my post as I've a feeling this could be quite long. . .
I am being chased for an outstanding debt of several hundred pounds allegedly owed to Three mobile.
I say allegedly as I dispute this debt.
After months of gradually more threatening letters from Lowell all went quite for a couple of months and then I received a letter from Lowell solicitors a few weeks back.
I decided enough was enough and sent them recorded delivery a "prove it" letter not a CCA request as this is a mobile phone debt, the letter was confirmed delivered and signed for a couple of days after sending.
In the prove it letter I included a few things such as:
I am familiar with the Consumer Credit sourcebook of the Financial Conduct Authority (FCA) which states the following rules.
"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3
"A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1
"Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.3
"Where there is a dispute as to the identity of the borrower or hirer or as to the amount of the debt, it is for the firm (and not the customer) to establish, as the case may be, that the customer is the correct person in relation to the debt or that the amount is the correct amount owed under the agreement." 7.14.4
"A firm must provide a customer with information on the outcome of its investigations into a debt which the customer disputed on valid grounds." 7.14.5
"Where a customer disputes a debt and the firm seeking to recover the debt is not the lender or the owner, the firm must:
(1) pass the information provided by the customer to the lender or the owner; or
(2) if the firm has authority from the lender or owner to investigate a dispute, it must notify the lender or owner of the outcome of the investigation." 7.14.6
Around a week after that I received a letter of claim instructing me to fill out the enclosed form and return it also included was the claim that they had already supplied me with notice of assignment.
The letter of claim is dated the same day I know they received my prove it letter.
I was under the assumption that Lowell solicitors had to prove the debt belonged to me and inform me of the outcome of their investigation to my claim that I do not owe the debt.
Can anyone give any advice as to what my next step is?
Kind regards,
Grs
Long time lurker new member here.
I wonder if anyone can help me with some advice re Lowell solicitors.
Thank you in advance to anyone who manages to get to the end of my post as I've a feeling this could be quite long. . .
I am being chased for an outstanding debt of several hundred pounds allegedly owed to Three mobile.
I say allegedly as I dispute this debt.
After months of gradually more threatening letters from Lowell all went quite for a couple of months and then I received a letter from Lowell solicitors a few weeks back.
I decided enough was enough and sent them recorded delivery a "prove it" letter not a CCA request as this is a mobile phone debt, the letter was confirmed delivered and signed for a couple of days after sending.
In the prove it letter I included a few things such as:
I am familiar with the Consumer Credit sourcebook of the Financial Conduct Authority (FCA) which states the following rules.
"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3
"A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1
"Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.3
"Where there is a dispute as to the identity of the borrower or hirer or as to the amount of the debt, it is for the firm (and not the customer) to establish, as the case may be, that the customer is the correct person in relation to the debt or that the amount is the correct amount owed under the agreement." 7.14.4
"A firm must provide a customer with information on the outcome of its investigations into a debt which the customer disputed on valid grounds." 7.14.5
"Where a customer disputes a debt and the firm seeking to recover the debt is not the lender or the owner, the firm must:
(1) pass the information provided by the customer to the lender or the owner; or
(2) if the firm has authority from the lender or owner to investigate a dispute, it must notify the lender or owner of the outcome of the investigation." 7.14.6
Around a week after that I received a letter of claim instructing me to fill out the enclosed form and return it also included was the claim that they had already supplied me with notice of assignment.
The letter of claim is dated the same day I know they received my prove it letter.
I was under the assumption that Lowell solicitors had to prove the debt belonged to me and inform me of the outcome of their investigation to my claim that I do not owe the debt.
Can anyone give any advice as to what my next step is?
Kind regards,
Grs
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