Lowell soliciters . . . !

[Grs]

Re: Lowell soliciters . . . !

Bump . . . Anyone?

[warwick65]

Re: Lowell soliciters . . . !

Hi
They will should need to prove the assignment if you plead that

[Grs]

Re: Lowell soliciters . . . !

Hi Warwick,

Thanks for the reply,
Is a copy of the notice of assignment of the alleged debt all that they need to prove I owe the debt if this goes to court?
I was assuming to prove I owe this alleged debt they would need a signed copy of the contract or possibly a statement from Three showing payments coming from my bank account (with verifiable details I.e. my account number, sort code etc.) for this mobile phone.

Kind Regards,
Grs

[warwick65]

Re: Lowell soliciters . . . !

HI
If you ask for it and the judge agrees with you they may need to show the deed of assignment

As for the other points you made , yes they may be accepted by the judge as good a good defence , of course they may well be able to provide a statement of account and it may be down to you to prove on balance they did not come from your account.

[Grs]

Re: Lowell soliciters . . . !

Hi Warwick,


I stupidly assumed they would have to prove without doubt that the debt belongs to me. I received a letter back from Lowell solicitors and there was nothing officially from Three just what looks like reconstituted information put together by themselves,


I'm typing a letter up to accompany the letter before action reply.


Kind regards,
Grs

[warwick65]

Re: Lowell soliciters . . . !

Something you need to remember

In the civil court the standard of proof is on the balance of probabilities i.e. it is more likely than not . In criminal court the standard of proof is much higher in that it is beyond reasonable doubt

So for example If they can show the payments came out of a bank account with your name that may prove the debt - especially if you didn't query them . Equally if they can show a process for setting up an account that had due diligence in gaining proof of identity and address . There is sadly also the case of a judges lottery- not all of them know a great deal about consumer law. I know you would expect them to know it but I am afraid they do not , particularly in small claims in smaller courts

I know it is not relevant to you but I was told recently of a case where a judge said about default notices and I paraphrase ,in this day and age full records and copies aren't kept we just need to know one was sent- clearly to him it didn't matter if it was in the prescribed form with the right info on it.