Lowell Solicitors, Letter Before Court Action with Reply Form

[shadespro]

Good Morning,
I'm new here. I'm seeking advice actually. I will appriciate the positive response on that.

Situation
I received a claim form from Lowell Solicitors. didn't acknowledge yet. will do shortly but with due process.
Its about debt (Cr. Card and Phone contract), both defaulted in the past.


H3G phone contract was completed (2012 to 2014), Later Simm was in use. There was disagreement between me and Three network at their unfair billing to me. after the argument over the phone in 2015 and struck off the contact number.

It seems Lowell Solicitors bought these accounts. This letter had mentioned both original creditors names.
Lowell Solicitors sent this letter with the subject line ''Notice of Pending Legal Action''. They require action otherwise willing to go County Court.
They have given three enclosures (Information Sheet, Reply Form, Income and Expenditure Form).
I have 30 days starting from 21 Jan 2020 to resolve the issue. I'm willing to dispute this.
I will be grateful if someone give information and advice on this. Thanks

[jaguarsuk]

Send back the forms asking for:

Phone contract agreement
Credit Card Credit agreement
Credit Card Default Notice
Notices of Assignment from both original owners

[shadespro]

Good Morning Everyone,
@JAGUARSUK. Thanks for writing me back.

Just sent yesterday Claim form back asking agreements, Default Notices and assignment notices. alongwith £1 postal order, Sent CAA request as well.

SAR not sent yet. This need to be sent seprately H3G Network, Capital One and Lowell as well ?
and what about CPR 31.14 Request ?

Regards,

[MIKE770]

CPR31.14 you can request only what is mention on court form (for now as regards CPR31.14)*

[jaguarsuk]

Good Morning Everyone,
@JAGUARSUK. Thanks for writing me back.

Just sent yesterday Claim form back asking agreements, Default Notices and assignment notices. alongwith £1 postal order, Sent CAA request as well.

SAR not sent yet. This need to be sent seprately H3G Network, Capital One and Lowell as well ?
and what about CPR 31.14 Request ?

Regards,

Okay, your title is that you have received a letter before claim, is that what you have got or have you got a claim form from the court?

The advice is completely different for both, so this is important.

[shadespro]

Okay, your title is that you have received a letter before claim, is that what you have got or have you got a claim form from the court?

The advice is completely different for both, so this is important.

Thanks for getting me back. Its not in court yet. they just sent me a letter with reply form asking ''Fill and return the form within 30 days, if you don't reply . it could result in court procedings.

So, I sent already with recorded delivery 2 days ago.
1- I filled and ticked Sec 1 Box D, Sec 4 Box I asking agreements, T & C which applicable, CCA default Notices, Notice of assignment of Debts for both owners, No fillings I & E page.

2- Signed Formal CCA request letter. (provided at this website)
3- Postal order of £1


SAR Request didn't sent yet. Just confusing With CPR. I'm not sure i need it or not. as my matter is not in court yet. Thanks for advise.

Sec 4 Box I.png

[jaguarsuk]

No okay, so you have done correctly and now need to get the SAR's off.

The CPR request will be if they decide to issue proceedings.

[shadespro]

Thanks.
I sent the SAR requests as well today to the creditors.
Now, just waiting.

[shadespro]

Hi There,

Just got the reply from Lowells, attaching here.
(I sent CAA request to Lowells 31 Jan, SAR to H3G and Capital One 4th Feb 2020)

Regarding H3G they gave explainations. (letter attached)
They should provide documentations.

Regarding Capital One, they asked we have requested from our client. whilst await they suspended my account until further notice.

Please have a look once have time. and what should be my next step. Thanks.

[jaguarsuk]

Write back to them and advise them that you appreciate the phone contract is not covered by the CCA 1974. That the terms and conditions on a website of a third party are not sufficient, may have been amended since the time they alleged the contract was entered into and therefore you require them to provide a copy of the terms and conditions you allegedly entered into.

Advise them that as a service a agreement is a contract, so offer and acceptance must have taken place and be proved. If in future they wish a court to rule on any alleged breach of such a contract that the court must be able to see its terms and conditions, including what breach may have occurred, rights to cancellation, penalties and/or amount owing after termination.

They don't have the original terms otherwise they would have provided them, this is where the SAR comes in because we'll see if the operator does and whether Lowell can get them.

[shadespro]

Good Morning,
Thanks for the advice and composition above.
I just wrote it in the shape of letter. Just have a look, So i will send it to them.
Do i need to send with my signatures all the correspondence to them.?

Here is draft.

Dear Lowells,


Account Reference: xxxxxxxxx

Thanks for your recent letter, dated 04 February 2020.
With the reference of A/C xxxxx (Three Mobile).
I appreciate that the phone contract is not covered by the CCA 1974. That the terms and conditions on a website of a third party are not sufficient, may have been amended since the time they alleged the contract was entered into and therefore I require you to provide a copy of the terms and conditions, allegedly entered into.
As a service, a agreement is a contract, so offer and acceptance must have taken place and be proved.



We look forward to hearing from you.

Yours sincerely

*

[pt2537]

Im not sure they are right about that, if the contract contains an element of finance used for the handset then it may well be that it is regulated, even in part, by the Consumer Credit Act. If lowells told me my car was blue id still want a second opinion just to be sure, thats how little weight i give their views.