Tweet
Hi all,
So approx 18 months ago I started receiving letters regarding an account with three mobile, which I did not recognise. I sent Lowell a letter asking them to provide evidence as to my liability for the debt; it was sent to someone with my surname but with a contraction of my first name. They did not respond to my letter, and recently, in November, instigated a court claim through Northampton for the debt plus costs and interests.
I filed a defence, stating that I had no knowledge of this debt and they haven't provided any evidence to support their assertion that I owe them the money.
Now, they sent me an email recently just with a few lines of text which they stated would be used as evidence in court. But to me it just looks like what tariff this account was set up on and how much the monthly cost was.
They've not sent any proof of the agreement which they refer to in their particulars of claim, nor have they addressed the fact that the first name is different to mine.
Also - I am aware that they have 28 days to formally reply to a defence; as far as I can see from the money claim website there has been no further entries since the defence was submitted on 7th December. And according to that 28 day rule they claim should be stayed tomorrow if they don't respond.
I am a bit worried as I don't really understand the burden of proof required in county court claims, and obviously their tracing has managed to find me despite the name being different. So I need to know what possibility there is of them winning should this go to a hearing, and also do I need to apply for the claim to be stayed if they don't respond by tomorrow?
Appreciate any help you can provide.
Thank you
So approx 18 months ago I started receiving letters regarding an account with three mobile, which I did not recognise. I sent Lowell a letter asking them to provide evidence as to my liability for the debt; it was sent to someone with my surname but with a contraction of my first name. They did not respond to my letter, and recently, in November, instigated a court claim through Northampton for the debt plus costs and interests.
I filed a defence, stating that I had no knowledge of this debt and they haven't provided any evidence to support their assertion that I owe them the money.
Now, they sent me an email recently just with a few lines of text which they stated would be used as evidence in court. But to me it just looks like what tariff this account was set up on and how much the monthly cost was.
They've not sent any proof of the agreement which they refer to in their particulars of claim, nor have they addressed the fact that the first name is different to mine.
Also - I am aware that they have 28 days to formally reply to a defence; as far as I can see from the money claim website there has been no further entries since the defence was submitted on 7th December. And according to that 28 day rule they claim should be stayed tomorrow if they don't respond.
I am a bit worried as I don't really understand the burden of proof required in county court claims, and obviously their tracing has managed to find me despite the name being different. So I need to know what possibility there is of them winning should this go to a hearing, and also do I need to apply for the claim to be stayed if they don't respond by tomorrow?
Appreciate any help you can provide.
Thank you
