TalkTalk / Lowell Letters

[ostell]

You can't just "get" a CCJ, it has to go through soucrt first and you have to have a chance to defend it.

You will only end up with a CCJ marked against you IF it goes to Court and IF you lose and IF you don't pay the judgement within a month. Lots of IFs.

[Amethyst]

They are still saying it's a mobile phone account ( and you have never had a mobile with talk talk just the tv, broadband, home phone )

in the SAR you got back from talktalk it links things to a different address - was that address prior or following the original address on the account ? How do the dates add up against where you lived ? ( it's not unheard of for you to move and the new tenants to set the account back up in your name ) anything on your credit file at all ?

now is really the time to get all your complaints and facts together so you know whether you are fully defending this or trying to negotiate a settlement before it gets to court.

[Amethyst]

Ahh yes ( just read the thread back )

I live in the Yarmouth area, so my number did begin with 01493 but was not the number stated (it was 01493 XXXXXX). Have lived in the property for over 4 years now, so the 2015 date with a Wymondham number is very odd.

and you have told them this previously. The sar stuff you got from talk talk does that have the same numbers and dates as those original letters from Lowell ?

[adamtucker]

Good morning and thank you for the responses.

Ostell, I appreciate you cannot just 'get' a CCJ, I was simply expressing my concern about end scenario's. Your comment has helped to settle my nerves in respect of this though, so thank you.

Amethyst, Lowell to date have provided very limited information all related to account number 1008056891, which does correlate to the TalkTalk information following the SAR, but also phone number 01953 885320, however this was not my number. Also, the responses revolve around a telecoms contract, specifically mobile phones and that "inserting the SIM card and usage of the equipment is taken as acceptance of the terms and conditions of contract", but I never had a mobile phone from TalkTalk.

I am not concerned about the previous address and fraudulent activity as this was my ex-fiance's father's house, and he switched to Sky when we moved the TalkTalk contract.

The SAR and my credit report both show this account as being Ł0.00 against TalkTalk, and no presence of anything from Lowell - not sure if this means anything?

I have not SAR'd Lowell yet as a previous comment advised waiting until I receive a pre-action letter, however upon receiving this pre-legal assessment, which I have read is another scare tactic used by Lowell, I wanted to check I should not be doing this now? Any thoughts on that?

They had offered a 50% settlement recently which I didn't see until much later than received due to travelling for work - this indicates to me that they do not want to keep pursuing this, however they rejected my original offers to settle outright - perhaps this would give another chance to do that?

Ultimately I do not want to go to court really, however I am happy to stand my ground to not be bullied into paying an extortionate amount to TalkTalk, directly or not (I understand in they are no longer involved and have sold the debt so recovered something already). The ombudsmen, etc did nothing to help and the likes of TalkTalk and Lowell appear to get away with these activities regularly unpunished, and I did not want to be another notch on their bedpost, as it were.

Aside from this, I would pay a small settlement just to end it, but my main issue with this would be ensuring they do not leave a mark on my credit report as "partially settled" or "unsettled", which it would appear Lowell have been known to do.

I do have my letters, etc compiled already, and the fact that some of my arguments were the verbal agreements / communication which TalkTalk conveniently lost all recordings of, I think this bodes in my favour.

This has been dragging out since November 2015 so I would just like to see an end in the not too distant future, to be honest.

[adamtucker]

I will also add that I have not received a copy of the T&C's applicable at the time of my contract/service agreement(s) within the SAR pack from TalkTalk, or following requests to this affect form TalkTalk or Lowell. This is something I will press Lowell for following receipt of a pre-action letter, along with the SAR.

[adamtucker]

Good afternoon,

I wanted to provide a quick update. After not hearing anything in writing for some time, a lot of attempts to call me however, I yesterday received a "Notice of Acting" letter along with a letter from Lowell Financial saying as I've failed to pay they've assigned the account to Lowell Solicitors.

The letter basically says "you must call us to pay now" but doesn't provide much information. It does state that if you do have a reason to not pay then also to contact them, but I would have expected them to review the letters exchanged between myself and Lowell Financial prior to taking any action?

Am I correct in thinking this is a letter before they will issue a pre-action letter? And would this be the best time to SAR Lowell - and would I now just SAR Lowell Solicitors or Lowell Financial, or both?

Any input would be most appreciated.

Thanks again!

[adamtucker]

Good morning,

I was also wondering when the SAR page on this site was last updated: https://legalbeagles.info/library/gu...ccess-request/

This states that "A copy of your personal data should be provided free", however previously when I SAR'd TalkTalk I provided a cheque for Ł10 to cover admin as advised on their website - a) were they allowed to do this, and b) do I need to do the same for Lowell?

[MIKE770]

NO Cost as from 25 May 2018 =============== FREE & only 30 days to respond or state a good reason for delay

[R0b]

For some examples of SAR requests under GDPR, have a look at the link below - there's a short and long version depending on your needs

http://legalbeagles.info/forums/foru...t-of-templates

[adamtucker]

Thanks for the input guys.

Should I send this now or wait for the pre-action? And just send it to the solicitors who are now handling it?

[adamtucker]

While I was away last week on holiday I have received a "Letter of Claim - 30 days to Prevent Legal Action" from Lowell Solicitors. This includes an information sheet, financial statement (which is on Lowell Solicitors headed paper and just gives a period of statement and current balance), and finally a reply form.

My plan is to use the reply form ticking the "I dispute the debt" option, include a covering letter with my position (I do not believe the debt exists, or it has been mistakenly associated with myself; that Lowell Financial have stated a mobile phone agreement and inserting the sim card was acceptance of terms, then point out that I do not have and have never had a sim card / mobile phone from the service provider in question; that no evidence of me agreeing to any service agreement has been provided, and that the service provider in question has no record of this and no phone recordings),provide the letter from Lowell Financial stating the sim card statement, and provide my most relevant letter / letters outlining what has been told to Lowell Financial and the lack of their responses to provide evidence to the contrary. I was also planning to include the SAR with this letter.

Do you have any suggestions to add to the above / change the above / not include the above?

I will look to do this ASAP as the letter is dated 04/10/2018.

[R0b]

Would be helpful to see their LBC so could you post that up, redacted version?

Also you are along the right tracks yes, would suggest you provide a draft version of your letter here for feedback first in case any one of us can add to it.

[adamtucker]

Thanks for the prompt response. My letters are as follows:

Covering Letter:

Lowell Financial Account in Dispute


Dear Sir/Madam,

In response to your letter dated 04/10/2018 I am hereby acknowledging receipt and providing my input.

As has been previously stated to Lowell Financial, I refute any suggestion that I owe any debt and no evidence of substance to refute this has been provided to date.

As I am sure you are aware, The FCA (Lowell’s regulator) rules are clear that ” 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.”

As they have been unable to do this, the debt is therefore not enforceable.

Lowell Financial have stated that “in the case of mobile contracts, inserting the SIM card and usage of the equipment is taken as acceptance of the terms and conditions of the contract” as the basis of their argument. As I have never had a mobile phone / SIM card service provided by the service provider in question this acts only as evidence that the debt does not exist / is not associated with myself. No evidence to contradict this has been provided, and the service provider was also unable to provide any documented evidence of me agreeing to a service agreement and confirmed that they hold no record of any telephone recordings associated with me.

I have enclosed a copy of the letter from Lowell Financial reference above for your records. (Screenprint of this attached to my post)

I would also like to re-iterate what has been stated in every one of my previous letters which Lowell Financial should have shared with you, and that is to not contact me further relating to this matter (unless you can provide actual substantial evidence of the existence of the debt in line with the FCA rules). I have been receiving telephone calls from Lowell daily (sometimes more than once a day) consisting of a recorded message, please remove me from your call list and stop these calls from continuing. I have reported most (if not all) of these calls to the ICO and will continue to do so.

I consider this matter closed and do not wish to be contacted further by Lowell.


Yours,


GDPR Request Letter:

DATA SUBJECT ACCESS REQUEST UNDER THE GENERAL DATA PROTECTION REGULATION

Dear Sir or Madam,

I understand that you may hold data relating me and I am therefore writing to request access to my personal data. This request is made in accordance with Article 15 of the General Data Protection Regulations (“GDPR”). I am happy for this information to be provided to me in electronic form at *** using an encryption method i.e. a strong password-protected PDF.

As you will know, subject access requests made under the GDPR are now free of charge and you are required to comply with my request within month beginning after the day the request has been received.

In terms of the data I wish to access, I am seeking all personal data processed by you or any third party to which my personal data has been disclosed including, but not limited to, emails or other word-processed documents, telephone recordings, contracts, account notes, financial statements, default notices etc.

I look forward to your reply within one month of receiving my request enclosing electronic copies and a description of all data requested, together with:-

• an explanation of the purposes for which the data is being or is to be processed
• the names of the recipients or classes of recipients to whom it is or may be disclosed
• information as to the source(s) of the data
• the logic of any automated decision-making where my personal data has been carried out in an automated way

Yours faithfully,



I will scan and upload the Lowell Solicitor letter / response form ASAP as I do not have it with me at work today - hopefully do this tomorrow. I tckted the "dispute" box and have the above letters and attached letter as reference at this stage. I do also have copies of the correspondence from TalkTalk whereby they state in the covering letter no recordings were available, and I have a letter sent in the past to TalkTalk stating that they did not make clear any Agreements being confirmed verbally by myself, so this is all documented and should support my position when the time comes. At this stage I am just outlining my 'defence' with a single stance to not confuse things unnecessarily but with the knowledge that I have more to rely on if/when it is needed.

Thanks.

[adamtucker]

Letter of Claim attached.

[MIKE770]

used before a PAP