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Lowell’s court procedure

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  • Lowell’s court procedure

    The courts sent me a claim form I filled it out after they have sent me a n180 questionnaire the client is Lowell in relation to a phone contract that was taken out 2012 and sold to them 2016 it was taken out under my name which I have no knowledge about
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  • #2
    Hi there

    You've recieved a court claim from Lowell for a mobile phone contract debt, of which you know nothing.Â*

    You have filed a defence ( can you log in on moneyclaim and see what you wrote? - and if so can you paste that, and the claim particulars on here - leave out anything identifiable )

    Now you have received a Directions Questionnaire completed from Lowell. You haven't yet received one to complete from the courts ( normally comes a couple weeks after Lowells copy reaches you )

    Have you asked Lowell for any more information about the debt or requested any documents ?

    Who was the original phone company ? Vodafone ? EE ? and how much, approx. is the claim for?

    Do you know if anything shows on your credit file at all for this ?

    Try not to worry, it's currently just going through a process, and no one at court yet has read the claim or defence. So let's figure out where we are and what you can find out about this so you can go forward with your defence ( or get Lowell to ditch the claim before then)

    Sharon

    xx

    P.S. You will need to register to reply to this thread - only takes a minute - use a made up name that won't identify you as your username.
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    • #3
      The claim is Vodafone for £1500 I have received a questionnaire from the courts to fill out spoke to them they told me Lowell’s has asked for mediation also spoke to Lowell solicitors they have told me they have no contracts or any documents they can share because mobiles are differentÂ*

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      • #4
        Originally posted by Sayla View Post
        The claim is Vodafone for £1500 I have received a questionnaire from the courts to fill out spoke to them they told me Lowell’s has asked for mediation also spoke to Lowell solicitors they have told me they have no contracts or any documents they can share because mobiles are differentÂ*
        We really need to see the Particulars of Claim and what you wrote as a defence.

        Lowell are not telling you the truth, if you entered into a contract and it has been breached, then for a court to rule on that contract they will need to evidence it's terms to the court. That is basic contract law, they know this and that's why they are trying to tell you it's different.

        In addition when they sold the debt Vodafone should have sent you a notice of assignment, they also need to evidence a copy of that to, otherwise they are not able to prove they are the legal owner of the alleged debt and have the right to bring a claim.

        You need to send a Subject Access Request Letter to Vodafone to find out all the information about the account from it opening to closing, then being sold to Lowell. As it's been taken out under your name which you have no knowledge about you'll want to look through what is returned to determine whether you have been a victim of identify theft or fraud.

        In my signature below is guide to filling out the N180 questionnaire the court have sent you.
        COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

        My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

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