Lowell discontinued court proceedings but still want me to pay.

[Dot03]

Hello
,
I need advice please.
.
Recently Lowell started legal proceedings at a county claim court Northampton. Claiming that I owed a debt with three mobile/ Lowell of which Lowell was assigned. Although three had initially assigned a company named Credit solutions who also discontinued the matter without any court threats.

I took out a phone with three in 2017 and it was stolen, I reported it and three blocked the phone and promised to send me another sim card. however three for some reason did not replace my sim card. I chased them up for it, till I gave up. three did not send me any further bills and I stopped paying. I had insured my phone for damages only. after 5 months, Credit solutions contacts me and I gave them the same explanation and they never got back to me since then. (amount was £503 balance) the phone was £400 and airtime £190. I move address in 2018.

2019 I receive a letter from Lowell asking me to pay £400 for discounted debt. bare in mind I had never heard from Lowell before or even get a notice from three that Lowell was assigned the debt. I ignored them and they never wrote to me again.

December 2020, I get a letter threatening court and i did not respond. Lowell took me to money claims court and claimed that I owed £647 and more court charges which made a total of £829. I immediately acknowledged and defended the claim. in the process asking Lowell to send me the document in their statement of claim, as well as contacting Three mobile to send me the information they had on me. Later Lowell sent me a letter (assignment) apparently from "Three" but not on a headed paper and was signed "on and behalf of three". and another saying that their client will not provide me with the documents because I am not entitled to them under cc 1979 or something.

As soon as Lowell received a copy of my defence, they gave me a call asking me if we could come to some sort of payment arrangements, I insisted and said NO and further told them I strongly believed that their letter was not legit and it was fraudulent. I insisted that the must send me the documents they stated in their claim. they ended up sending me someone else's energy bill. I responded that I needed my documents. Lowell sent a bill from Three dated May 2017 and an invoice of the payments I had made to Three on 19th 2021 but not the agreement. on 22nd Lowell discontinued the court proceedings.

The document they sent states that the balance is £829 and at the back a payslip. this total include the court fee, estimated interest, and estimated solicitor costs. I gave Lowell a call asking why they think i should pay that total, and I was informed that, "even if the court proceedings were discontinued, I still owed that money and I have to make payment" Lowell has also placed £647 2018 on my credit file when I checked in October, December Lowell amended the credit report to £829

I need advice on what I could do next, because in my defence I had requested the court to dismiss/strike out the claim due to lack of evidence that Lowell had the right to the debt and denied all the allegation. I also need Lowell to remove the report on my file. Excuse the long essay, I wanted to explain in full details. Thank you in advance.

Timeline of events.
* I had the phone 2016 September lost November 2016
* May 2017 Credit solutions contacted me.
* 2019 Lowell contacts me.
* October 2020 Lowell writes again
* December 2020 I get court claim
* January 2021 claim discontinued

[ULA]

Bump

[Dot03]

This is the one, and thanks for taking time to read. I need some advice please

(1) Lowell did add court charges to the alleged debt on my credit file even if they discontinued before the claim was allocated.
(2) I received documents from Three and there was never a default notice sent to me or any assignment notice that three sold the debt

[R0b]

Hello

1. If they have discontinued, they're not entitled to anything. If they have an issue with it, they need to apply for the court's permission to reinstate their claim.

2. It would appear that Lowell are not complying with their data protection obligations that any information they record must be accurate. It is not possible for them to simply add these court fees and charges to your credit report. First of all those costs and expenses don't form part of the debt and second, they have actually discontinued their claim so they aren't even entitled to that money unless a court make an order to that effect. All in all, the reporting of £829 as including these costs is not accurate. If this is the case, you would have a claim for compensation for inaccurate information being reported and seek an order for rectification.

3. Are you suggesting that Three never issued a default notice or assignment or that they did but you never actually received them.

[Dot03]

Thank you Rob,

Three did not send any default or assignment notices. also in their notes (documents they sent me) it is not recorded. However, in their notes
they stated that "account written off as part of Aged Debt Clean Up. Balance still owed by customer, if they call attempt to collect payment in full" that was dated 03/10/2018.

And on 03/12/2018 their notes state that " This account has been sold to Lowell Portfolio Ltd. Customer will receive a 3 pre debt sale letter and then
a further 3 Goodbye Letter before Lowell start to pursue. The total balance is 647, queries on this account should be transferred to the debt recovery India team. The balance on this account has been written off as part of the debt sale process. This does not mean that no monies are due. The debt is now owned by Lowell, not Three, and the balance is owed in full to them"