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Lowell taking me through small claims over 3.5k LOST/STOLEN phone bill.

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  • Lowell taking me through small claims over 3.5k LOST/STOLEN phone bill.

    Hello all I am new here as I guess alot of people are when they first find themselves being taken to court!

    My predicament is as follows:

    In July 2014 I went to Ibiza with a friend for 10 days, we stayed in a low cost hotel with no real facilities.
    On the 4th or 5th day I lost my sony smartphone on a night out. I was obviously unhappy but 21yr old me stupidly believed it was not an issue as I had a lock on the phone.
    When I got home and had access to internet and phone again, I rang my provider (T-mobile/EE) to request a new SIM, but instead they stung me with the news that i now owed them over £3000.
    I was sickened and upset but was put through to their collections team who told me I was liable to pay it as I had not reported it as stolen.
    Somehow (i assume) the person who found it had taken the SIMcard out and plugged it into a computer program which made calls to morroco and allsorts pretty much every minute of the day,until T-mobile "decided" it actually wasn't me and cut them off. I was put through to their collections team & a man offered me a 50% reduction, which i requested in writing but never came.
    The debt was transferred to Lowell collectors, whom I have received threatening letters from for 5 years.
    With the recently implemented roaming data cap and the unfairness of the lack of protection I was under from my provider, I believed it would not stand up in court and news articles of others in similar positions online agreed with this train of thought.

    I am now in position where I feel like I could do with some advice, I have submitted my Acknowledgement of Service today, and I wish to defend my claim to the teeth. But if it is truely pointless, i also don't want to end up with another 6 years of credit hell with a CCJ on my history .
    I am currently in France until the end of the month working, but my father received a letter from Lowell solicitors reminding me that they have filed a claim and urging me to contact them to pay back money I feel I should never have been liable to pay in the 1st place!

    If anyone has been in a similar position or has any advice, no matter how big or small, I would appreciate it so much as this is not the welcome home to England I was looking for

    Max
    Tags: None

  • #2
    So sorry I’ve just realised that i’ve managed to post this in the welcome forum! I can’t see how to move it to the court case forum?

    Comment


    • #3
      Hi & welcome

      Lowells may well have decided to take this further as the 6 year limitation limit is approaching.
      But if they secure a judgment, that 6 yr 'statute-barred' status will no longer apply (not srictly speaking, at least.)

      SAR Lowell & SAR EE......shake the tree, see what drops out......

      ......or doesn't!

      Another thing you'd be wise to do is to try & source the relevant T&Cs for the phone/service.
      You won't get those with a SAR, as it is generic (not personal) data.
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment


      • #4
        Originally posted by charitynjw View Post

        SAR Lowell & SAR EE......shake the tree, see what drops out......

        ......or doesn't!

        Another thing you'd be wise to do is to try & source the relevant T&Cs for the phone/service.
        You won't get those with a SAR, as it is generic (not personal) data.
        Hello & thankyou for the quick reply and help!

        I am completely unfamiliar with a SAR or how to obtain one, though i'm sure a bit of googling can help me in that respect.

        If I am able to conjour up the relevant T&C's for my 6yr old SIM only rolling month by month contract, (cancellable at any time), You believe this will help?

        I will try my best!

        Many thanks again,

        Max


        Comment


        • #5
          A SAR.......

          Keep a copy, get proof of sending. (Click on blue link.)
          LegalBeagles.info » Library » Court » Guides and Letters » Subject Access Request We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com – If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they…
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb


          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.


          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment

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