TalkTalk / Lowell Letters

[adamtucker]

I sent the letters off and am currently waiting for a response. I will post an update once I get anything through.

Cheers.

[adamtucker]

Good afternoon,

I have today received the attached letter and based on what they have stated I will receive further documentation soon.

The part which concerns / frustrates me is where they continue to state "are not obliged to provide a copy of the Agreement relating to this debt as the matter is not regulated under the Consumer Credit Act". Where do I stand without this Act being the reference; the previous letter state what the FCA guidelines dictate, not the CCA?

Also, if that is their argument, then surely mine is that there wasn't an Agreement and thus no requirement for me to make any payments? People don't typically pay a company for nothing, so without a service agreement or similar there is no argument for a debt to exist...

My understanding, and correct me if I am wrong, is that the FCA state it is for the company claiming there is a debt to evidence that it exists, and the fact Lowell have not provided anything beyond a statement is not sufficient enough?

Any input would be greatly appreciated, and upon receipt of anything further I will continue to update. At least they have stated that the account is on hold whilst the request for data is "being process" by the other department, although that is very vague in itself. I expect I will receive something quite soon so they may progress the case from their side without further delay.

[adamtucker]

Quick update (well, not much of an update): other than the letter received as per my previous post I am yet to receive anything further, including the GDPR request response, and it has now been over a month since sending (posted 1st class) with the request of all documents to be emailed. Should I follow this up or just leave it with them? I have not (yet) received anything indicating further action is being taken, but I expect this will still happen soon - perhaps they are waiting for December knowing that the postal system will be under stress due to Xmas, and the courts, etc will be slower to respond? Just a thought so I may be completely wrong on this...

[adamtucker]

So, the gdpr pack turned up today After just a quick flick through I can see all the talktalk stuff is missing, and the account info although has my correct address and mobile number, and parents home number for some reason, the phone number on the account is still incorrect and there is no evidence of me accepting any service agreement.

Will wait to hear further from Lowell, ie a court date, and will go through in detail and highlight what will be needed in court

Fun times ahead!

[Amethyst]

In your TalkTalk SAR was there actually anything showing an outstanding balance?

[adamtucker]

I will need to recheck. There was a balance which was zero'd out at some point, and my credit report showed the same, however this may have been the point of sale to Lowell to pursue the alleged debt.

[adamtucker]

Good morning,

Quick update and question: since previously sending off the Reply Form and supporting evidence I have not heard anything further until today, I have been passed the same Reply Form and covering letter, plus some other letters, by my parents who have received these addressed to me at their address (my very old address) - do I need to respond again? Obviously if it wasn't for the fact my family still live at that address I would never have been handed these letters, therefore I am of the view I should ignore them, but I do not want to do anything that could hinder my defence in the future should this continue to go further.

FYI, I previously sent the Reply Form off in October last year.

[MIKE770]

zero would show on the originator as the balance on their book is Zero due to the balance sold to a debt purchaser, who in turn should amend CRA entry with their company heading on a default but the balance stays as original

[Amethyst]

Good morning,

Quick update and question: since previously sending off the Reply Form and supporting evidence I have not heard anything further until today, I have been passed the same Reply Form and covering letter, plus some other letters, by my parents who have received these addressed to me at their address (my very old address) - do I need to respond again? Obviously if it wasn't for the fact my family still live at that address I would never have been handed these letters, therefore I am of the view I should ignore them, but I do not want to do anything that could hinder my defence in the future should this continue to go further.

FYI, I previously sent the Reply Form off in October last year.

Is this new reply form / letter of claim dated more recently ? Definitely the same debt ?

I might be a little concerned a court claim may be issued at your old address so worth getting your parents to keep a closer eye on post addressed to you for a time.

[adamtucker]

Hi all, thanks for the varying inputs.

This finally came to a close after bing issued court documents; both parties agreed to mediation and agreement was made. Stick to your guns if you have the info to back it up as it pays off - saved myself £500!