Lowell solicitors letter before action

[Debtadvice78]

Wondering if anyone can help, received a letter from lowells today headed notice of acting dated 140216 for an old vodaphone contract from 2009. Default on credit file is dated 060310. I am 100% certain no payments have been made since 2009. My concern is that I emailed vodaphone the following exact wording on 081013.
I have recently checked my credit report and shocked to see a defaulted account of £653 dating back to august 2009, I did have a contract with you but for less than a month, I was not happy with your customer sevice and changed to 3 and have been with them ever since.
Please can you explain what this huge amount is? I cannot understand how a bill can be that high for just one month if that.
A guy from vodaphone did call me and I asked him to send me bills which he never did.
Does this now mean I've acknowledged the debt and cannot claim status barred?

[nemesis45]

Re: Lowell solicitors letter before action

Wondering if anyone can help, received a letter from lowells today headed notice of acting dated 140216 for an old vodaphone contract from 2009. Default on credit file is dated 060310. I am 100% certain no payments have been made since 2009. My concern is that I emailed vodaphone the following exact wording on 081013.
I have recently checked my credit report and shocked to see a defaulted account of £653 dating back to august 2009, I did have a contract with you but for less than a month, I was not happy with your customer sevice and changed to 3 and have been with them ever since.
Please can you explain what this huge amount is? I cannot understand how a bill can be that high for just one month if that.
A guy from vodaphone did call me and I asked him to send me bills which he never did.
Does this now mean I've acknowledged the debt and cannot claim status barred?

Can you please post a copy of Lowell's letter here after removing your name, and address.
Do you mean this letter is a Notice of assignment?

I suspect if Lowell is in possession of a copy of that e-mail they will claim it is an acknowledgment.
My guess is that the debt is mainly a " cancellation " Charge for VF is well known.

nem

[Debtadvice78]

Re: Lowell solicitors letter before action

Hi I have attached the 2 letters that I have received, one from Lowell financial and one from Lowell solicitors. The guy from vodaphone did explain on the phone at the time, i guess I just carried on burying my head in the sand.

[nemesis45]

Re: Lowell solicitors letter before action

Hi I have attached the 2 letters that I have received, one from Lowell financial and one from Lowell solicitors. The guy from vodaphone did explain on the phone at the time, i guess I just carried on burying my head in the sand.

Ok it looks like Lowell now owns this debt.

So VF no longer have any interest in this.

It would be a good idea to send Lowell Solicitors a " Prove it " letter stating that you do not
acknowledge any liability to Lowell and that you require proof that such a debt exists and that
you have liability for it.

nem

[Debtadvice78]

Re: Lowell solicitors letter before action

Thank you, ill get one in the post tomorrow.

[Debtadvice78]

Re: Lowell solicitors letter before action

Hi
I'm wondering if could get some more advice please.
I sent a prove it letter to Lowells as discussed previously but I then received a letter before action (they sent this before they rec'd my prove it letter), giving me 14 days notice before they apply for a court claim - This was dated 4 days after the notice of acting letter that i'd previously received. I'm guessing this was because the default date was dated the 06/03/10 and they were running out of time.
As this was getting close to the deadline they gave me, I was concerned they would put in a court claim on the 6th March so I followed it up with an email referring to my previous letter and the POD (I send recorded) with a request for documents as they headed the letter of claim. I found one on another thread and adopted it.
I requested the following:-
1. The original agreement and terms of the account;
2. The Default Notice;
3. The Notice of Assignment to your clients;
4. Statements & bills of account;
5. Details of how the amount has been calculated;
Lowells have today responded saying the last payment was made on the 6th March 2010 of £6.65 and he account defaulted 30/11/2010 due to lack of payment.
I very much doubt I made a payment of £6.65 in March 2010, but have no proof. also my credit file shows the default date of 06/03/10 (Although this has dropped off already, luckily I have a copy of before it did).
Can I simply write back and state that its status barred; if I correct them on the default date, will this not be acknowledging I knew about the debt? (I have attached letter from Lowell and pic of my credit file).
Also sorry to be a pain, I have another historic debt that is in relation to car finance that cabot bought - due to come off my credit file 22/04, although last payment would have been in 2009 maybe even 2008, so it is status barred. I sent a prove it letter to them at the same time and rather than provide evidence they have asked me to give a reason why I dispute it - letter attached. Not sure how to respond to this one, would I just reply with debt Is status barred?
Thanks for all your help, I really appreciate it.

[nemesis45]

Re: Lowell solicitors letter before action

Hi
I'm wondering if could get some more advice please.
I sent a prove it letter to Lowells as discussed previously but I then received a letter before action (they sent this before they rec'd my prove it letter), giving me 14 days notice before they apply for a court claim - This was dated 4 days after the notice of acting letter that i'd previously received. I'm guessing this was because the default date was dated the 06/03/10 and they were running out of time.
As this was getting close to the deadline they gave me, I was concerned they would put in a court claim on the 6th March so I followed it up with an email referring to my previous letter and the POD (I send recorded) with a request for documents as they headed the letter of claim. I found one on another thread and adopted it.
I requested the following:-
1. The original agreement and terms of the account;
2. The Default Notice;
3. The Notice of Assignment to your clients;
4. Statements & bills of account;
5. Details of how the amount has been calculated;
Lowells have today responded saying the last payment was made on the 6th March 2010 of £6.65 and he account defaulted 30/11/2010 due to lack of payment.
I very much doubt I made a payment of £6.65 in March 2010, but have no proof. also my credit file shows the default date of 06/03/10 (Although this has dropped off already, luckily I have a copy of before it did).
Can I simply write back and state that its status barred; if I correct them on the default date, will this not be acknowledging I knew about the debt? (I have attached letter from Lowell and pic of my credit file).
Also sorry to be a pain, I have another historic debt that is in relation to car finance that cabot bought - due to come off my credit file 22/04, although last payment would have been in 2009 maybe even 2008, so it is status barred. I sent a prove it letter to them at the same time and rather than provide evidence they have asked me to give a reason why I dispute it - letter attached. Not sure how to respond to this one, would I just reply with debt Is status barred?
Thanks for all your help, I really appreciate it.

There seems to be some doubt on the default date here? Your credit file which shows default date 06/03/2010 placed by the original creditor?

So Lowell is attempting to pass off later default date.

I suggest you write a Formal Complaint to Andrew Bartle COO of the Lowell group with a copy of the credit file entry and tell him to sort his solicitors out pdq.

The debt is statute barred.

nem

[Debtadvice78]

Re: Lowell solicitors letter before action

Hi I know it's been a while, wondering if I could get some more advice. So following from above I wrote to lowells in march 2016 advising them default date is incorrect and no payment was made and debt is status barred; I was moving house in April and incorrectly assumed I'd also given them my forwarding address in this letter (I did not keep a copy of the letter I sent) but had the proof of posting.

Anyway moved house April 2016. Checked my credit report after xmas and low and behold Lowell had successfully applied for a ccj in my old address. I paid and applied to be set aside and the case was today. Their solicitor turned up had the letter I sent which didn't have the notice of address; provided their witness statement which they'd sent to the wrong address on my now current street so I'd not received it.

They now claim the default date was 06/03/2010. But a payment was made of £6.65 on 30/11/2010 but they cannot provide evidence if this therefore according to them status barred date would be 30/11/2016 and they applied for ccj on 04/11/2016. My defence is that no payment was made - I can prove this with bank statements meaning that it was status barred on 06/03/2016 before they applied for ccj.

Anyway cut a long story short the judge set aside the ccj but has ordered me to pay their costs of £120 as I didn't give them my forwarding address. The judge said I have 14 days to prepare my defence for the new hearing.

Does this mean I have to go back to court?
Or will this just mean I have to respond to a claim form?
Also if I'm successful will I really have to pay them £120 costs as they shouldn't have issued it in the first place?

I also asked the judge if I could claim costs against them e.g. My time, plus fee for setting aside, he said I'd have to apply for that at the hearing; sorry to go on I've just no idea how to go about this or what happens next and can't afford a solicitor. If fully appreciate any advice on next steps.

[Debtadvice78]

Re: Lowell solicitors letter before action

[MENTION=55034]nemesis45[/MENTION] sorry to message again, wondering if I can get some help. I've only got 4 days left to submit my defence now. I rang the county court as received nothing; they said that they have a backlog but to still send the defence to them. Do I also send a copy to Lowells?

[Kati]

Re: Lowell solicitors letter before action

tagging [MENTION=551]pt2537[/MENTION] ... can you help please??

[pt2537]

Re: Lowell solicitors letter before action

Hi I know it's been a while, wondering if I could get some more advice. So following from above I wrote to lowells in march 2016 advising them default date is incorrect and no payment was made and debt is status barred; I was moving house in April and incorrectly assumed I'd also given them my forwarding address in this letter (I did not keep a copy of the letter I sent) but had the proof of posting.

Anyway moved house April 2016. Checked my credit report after xmas and low and behold Lowell had successfully applied for a ccj in my old address. I paid and applied to be set aside and the case was today. Their solicitor turned up had the letter I sent which didn't have the notice of address; provided their witness statement which they'd sent to the wrong address on my now current street so I'd not received it.

They now claim the default date was 06/03/2010. But a payment was made of £6.65 on 30/11/2010 but they cannot provide evidence if this therefore according to them status barred date would be 30/11/2016 and they applied for ccj on 04/11/2016. My defence is that no payment was made - I can prove this with bank statements meaning that it was status barred on 06/03/2016 before they applied for ccj.

Anyway cut a long story short the judge set aside the ccj but has ordered me to pay their costs of £120 as I didn't give them my forwarding address. The judge said I have 14 days to prepare my defence for the new hearing.

Does this mean I have to go back to court?
Or will this just mean I have to respond to a claim form?
Also if I'm successful will I really have to pay them £120 costs as they shouldn't have issued it in the first place?

I also asked the judge if I could claim costs against them e.g. My time, plus fee for setting aside, he said I'd have to apply for that at the hearing; sorry to go on I've just no idea how to go about this or what happens next and can't afford a solicitor. If fully appreciate any advice on next steps.

Ok do you know what the particulars of claim say? The Claim form should state what their claim is, thats the first thing we will need.

If you can prove no payments were made ( not that you have to prove it as the Claimant has the burden of proving limitation hasnt expired) then it seems to me a limitation defence can still be run.

it is often the case that Lowells et al will say a payment was made, this is certainly my experience but when it comes to evidence it becomes flaky to say the least.

[pt2537]

Re: Lowell solicitors letter before action

Hi I know it's been a while, wondering if I could get some more advice. So following from above I wrote to lowells in march 2016 advising them default date is incorrect and no payment was made and debt is status barred; I was moving house in April and incorrectly assumed I'd also given them my forwarding address in this letter (I did not keep a copy of the letter I sent) but had the proof of posting.

Anyway moved house April 2016. Checked my credit report after xmas and low and behold Lowell had successfully applied for a ccj in my old address. I paid and applied to be set aside and the case was today. Their solicitor turned up had the letter I sent which didn't have the notice of address; provided their witness statement which they'd sent to the wrong address on my now current street so I'd not received it.

They now claim the default date was 06/03/2010. But a payment was made of £6.65 on 30/11/2010 but they cannot provide evidence if this therefore according to them status barred date would be 30/11/2016 and they applied for ccj on 04/11/2016. My defence is that no payment was made - I can prove this with bank statements meaning that it was status barred on 06/03/2016 before they applied for ccj.

Anyway cut a long story short the judge set aside the ccj but has ordered me to pay their costs of £120 as I didn't give them my forwarding address. The judge said I have 14 days to prepare my defence for the new hearing.

Does this mean I have to go back to court?
Or will this just mean I have to respond to a claim form?
Also if I'm successful will I really have to pay them £120 costs as they shouldn't have issued it in the first place?

I also asked the judge if I could claim costs against them e.g. My time, plus fee for setting aside, he said I'd have to apply for that at the hearing; sorry to go on I've just no idea how to go about this or what happens next and can't afford a solicitor. If fully appreciate any advice on next steps.

What is the wording of the Judges order which set out you had to pay costs? Did it give a time frame for payment?

[Debtadvice78]

Re: Lowell solicitors letter before action

Ok do you know what the particulars of claim say? The Claim form should state what their claim is, thats the first thing we will need.

If you can prove no payments were made ( not that you have to prove it as the Claimant has the burden of proving limitation hasnt expired) then it seems to me a limitation defence can still be run.

it is often the case that Lowells et al will say a payment was made, this is certainly my experience but when it comes to evidence it becomes flaky to say the least.

I've attached photo of original particulars of claim given to me after the set aside hearing by their solicitor. Yes I can prove no payment was made in the form of my bank statements; thiersolicitor that appeared at the set aside hearing said they have no evidence of payment NBA they first stated payment was made 06/03/10, they then when challenged stated 30/11/2010 hens not over limitations period. I know 100% I have not made any payments on this account. I haven't received anything in form of writing from the court only verbally from the judge that their solicitors had been awarded £120 costs as I hadn't changed my address with Lowells. Their solicitor said outside this is to be paid in 14 days. I rang the court and they said they had a backlog hence me not receiving anything. I just think it's a little unfair as they should not have even applied for the judgement in the first place as it's over 6 years; I'll pay it when I receive the order but can I counter claim this amount plus the £255 set aside fee? If so how do I go about this? I do fully appreciate all your help

[pt2537]

Re: Lowell solicitors letter before action

I've attached photo of original particulars of claim given to me after the set aside hearing by their solicitor. Yes I can prove no payment was made in the form of my bank statements; thiersolicitor that appeared at the set aside hearing said they have no evidence of payment NBA they first stated payment was made 06/03/10, they then when challenged stated 30/11/2010 hens not over limitations period. I know 100% I have not made any payments on this account. I haven't received anything in form of writing from the court only verbally from the judge that their solicitors had been awarded £120 costs as I hadn't changed my address with Lowells. Their solicitor said outside this is to be paid in 14 days. I rang the court and they said they had a backlog hence me not receiving anything. I just think it's a little unfair as they should not have even applied for the judgement in the first place as it's over 6 years; I'll pay it when I receive the order but can I counter claim this amount plus the £255 set aside fee? If so how do I go about this? I do fully appreciate all your help

Sadly you cannot reclaim the costs ordered against you. The solicitor is right too, the Court order unless it stipulates paying later will require payment in 14 days.

Its a shame you werent advised to challenge the costs angle too, CPR 6 makes it quite clear they have a duty in certain circumstances to carry out checks as to the Defendants correct address. Further, they have access to credit reference agencies so could have checked too.

That is gone now though and water under the bridge

[pt2537]

Re: Lowell solicitors letter before action

With regard to the limitation point, if they claim that you made a payment and your evidence shows this wasnt the case, then id be careful how you play this out.

Id write to them and ask,

1) How the payment was alleged to have been made
2) Which bank account did the payment come from? assuming it was from an account
3) ask them to provide a statement showing the payment

This should at least give you sufficient evidence to carry out your checks