Lowell Solicitors and EE contract out of time limit

[kojo70]

Hello,

I would like to start by thanking you very much for your invaluable help in solving issues that people like myself encounter.

I am constantly being sent letters from Lowell Solicitors mentioning that they took a CCJ against me, threatening me with bailiffs which they call "Potential enforcement action in 14 days", phone calls at odd hours. More recently, they even sent a letter with the same threat to my daughter, who lives away in student accommodation, and whose only link to me is that she has the same surname, at an address I never lived in. Lowell requires a sum of £698 to be paid.

Due to my work, which requires an enhanced DBS check, I have not been made aware that a CCJ was taken out against me at any time in the last 6 years.

I had a contract for a mobile phone many years ago with EE, a phone that subsequently got stolen while I was abroad for a work contract, between 2013-2014. At the time, I tried to report the phone stolen, but EE already transferred my contract to Lowell Solicitors. Upon my return in 2014, I went to another provider, namely Three, who confirmed that I started with them on 19th September 2014 as Pay As You Go.

My questions to you are:

1. What is the best way forward, as I believe this to be an out of time limit issue?
2. How can I stop Lowell from harassing and intimidating me? Shall I contact Financial Ombudsman or take the case to Small Claim Court?
3. If I am to pay this amount back, can a reevaluation of the cost for the phone be done, as an old Samsung phone with outdated technology does not currently cost £600.

I am looking forward to your response.

Best regards,

[ploddertom]

You are going to have to ask when the "CCJ" was awarded, who to & for how much. Once granted then a CCJ never becomes Statute Barred but if they have not sought any enforcement procedures in the 6 years following its award then they need to go back to Court to seek permission to do so - very rarely given and usually in cases where someone moved abroad and came back. Have you checked your credit files.

Even if all this goes in your favour then Lowells can still ask nicely that you pay up but cannot threaten enforcement and should certainly not be contacting other members of the family. They could leave themselves open to a claim of harrassment should they persevere.

As for 3 - don't even go there.

[kojo70]

Hi,

Thank you very much for your reply- very appreciated indeed. It’s very encouraging to hear that my intuition is right about Lowell being intimidating, threatening and harassing.

Lowell are stating in their letter that they “ entered a CCJ against me on 8/01/2018”, then lying that “ I failed to maintain an agreed payment plan” . I never received any letters from the Courts and I did not agree to any plan whatsoever.

Lowell continue with saying “they’ve been instructed to apply for a Warrant of Control with bailiffs for repossession if I don’t engage into communication with them within 14 days from the date of the letter “.

Moreso, since 2018, I moved houses and entered into a rent contract where they had to do all the credit checks which were very successful. This year, 2020, I have just been agreed on another credit successfully so.

How do I find out if the CCJ was awarded indeed, as you say. Where do I find that information?

What is your advice on dealing with their continuous threats?

Many thanks again.

[MIKE770]

Registry Trust you can check there then come back here, also a CCJ would show on credit agencies file?

[ostell]

I would say Lowell are still looking for the debtor and are just trying out random letters to potential names, hence the letter to your daughter. There are probably several others with the same surname also receiving the letter and Lowell are hoping someone will bite.

[MIKE770]

sounds like as above a "Phishing" letter to all named