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Lowell Portfolio v. Kitty1111 :(

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  • #1

    Lowell Portfolio v. Kitty1111 :(

    Hi there, I have been ducking Lowell (parasites that they are!) for months. well they sent me County Claim Letter from the Northampton Business Court. So I went immediately online to defend it. Its for a Talk Talk account £336.53. I left them over the Data Leak scandal if you remember? when nearly all of their customers had their data stolen? I put this in my defence as I was getting about 10 scam calls a day... and about 20 texts the whole thing was just terrible.

    Well Lowell have replied and sent me a copy of the Directions Questionnaire??? I don't have to fill it in do I? My limited understanding of these things is the Court will send me something to fill out - is that correct?

    If I lose, I will not be paying one penny... they will have to prise it out of my cold dead hand!!! Also my understanding is I don't have to let the Bailiffs in either even if I lose as it's not a court fine or tax related -correct?

    I am just thinking worst case scenario here...

    Thanks so much for any replies, I am going to read all the threads on here but honestly I have so little time and this looks very time consuming and daunting.....

    Thanks!
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  • #2
    Originally posted by Kitty1111 View Post
    Hi there, I have been ducking Lowell (parasites that they are!) for months. well they sent me County Claim Letter from the Northampton Business Court. So I went immediately online to defend it. Its for a Talk Talk account £336.53. I left them over the Data Leak scandal if you remember? when nearly all of their customers had their data stolen? I put this in my defence as I was getting about 10 scam calls a day... and about 20 texts the whole thing was just terrible.

    Well Lowell have replied and sent me a copy of the Directions Questionnaire??? I don't have to fill it in do I? My limited understanding of these things is the Court will send me something to fill out - is that correct?

    If I lose, I will not be paying one penny... they will have to prise it out of my cold dead hand!!! Also my understanding is I don't have to let the Bailiffs in either even if I lose as it's not a court fine or tax related -correct?

    I am just thinking worst case scenario here...

    Thanks so much for any replies, I am going to read all the threads on here but honestly I have so little time and this looks very time consuming and daunting.....

    Thanks!
    Lowells have to send you a copy of their DQ, you will have to file your own when ordered to do so by the Court.

    On the point about Bailiffs, they arent the only thing they can use, they could go for third party debt orders etc so be alive to that

    Also Charging order could be an option if you own property
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.
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    • #3
      also... if you have a CCJ you will have it against you on the judgment register and thus wreck your credit file for the next 6 years so it is worth following the procedures and if you lose be prepared to try get it paid within 28 days to avoid a judgment being registered.

      Being annoyed at Talk Talk for their data protection lack of care/security etc isn't going to be enough of a defence. It's fine to be annoyed and not have time etc, but don't let your crossness at TalkTalk muck up your chances of sensible credit / mortgage / new tenancy / some jobs etc for the next 6 years.

      Did you make a formal complaint to Talk Talk / the ICO / FOS about things or did you just cut and run ?

      ( But yes, fill in the Directions Questionnaire when the court ask you to - and send a copy to court and to Lowell )
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

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      • #4
        I did complain to Talk Talk!. I informed TalkTalk that I was going to leave. Prior to that my account was in good standing with them and I can prove that as I still have the bill payment receipts, but none of my emails to customer service about the issue... it was a major scandal at the time... I already have bad credit as I have an illness - so I am not worried about that.

        This may of be interest as the TalkTalk scandal was a major thing, and loads of people were affected! https://www.thisismoney.co.uk/money/...-loophole.html.

        How could they issue a third party debt order against me? how does that work? I am obviously not going to give them any personal information about myself to them. Will I be required to by law? Surely there is a right to privacy etc...?

        I will never pay them, even if I get a CCJ against me.

        Also I really do think that Talk Talk failed to provide a service to me...namely to keep my personal details safe!

        Thanks so much replying!

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