Lowell Court Action

[doberman1]

Dear all,

Recently received a court claim from Lowell group as follows:

"Claim is in the sum of 695.31 in respect of monies due under a mobile telecommunications contract which the Defendant took with Vodafone, the Claimant's predecessor-in-title.

The debt has been legally assigned to the Claimant pursuant to The Law of Property Act 1925, notice of such has been provided by the Defendant

The Defendant failed to make payment and is therefore properly indebted to the Claimant

The Claimant claims the sums of 695.31 which is inclusive of interest. "

In total, they are claiming £820.31 (including £55 court fee and £70 solicitor costs)

Now, having no recollection of the debt (have had quite a few house moves since the alleged debt in 2008), I called up Lowell which had initially transferred the debt to Lewis group. After the initial phone conversation, the debt had been transferred back to Lowell; however, to clear the debt, a sum of £639.52 would be payable.

Also, I had asked (while not acknowledging the debt) that if payment was made for the following:
1) The county court claim would be fully withdrawn
2) Credit rating would be cleared

The rep from Lowell avoided the topic of the claim and read what sounded like the standard line of "credit rating updated etc etc" and would not be able to provide the details of the conversation in writing; however "all phone calls were recorded". Also felt that the rep was focusing very much on payment payment payment and using terms such as CCJs even though none have been granted to this as such!

Planning on contesting this and need to mount a defence; however, I do not understand how if a settlement with them is only £639.52? Also, if I asked for Lowell to "prove" that the debt is owed, granted that mobile phone contracts have not warranted any signatures etc, how would they enforce that it was indeed taken out by me or someone else using my name?

An added question is - If the court has indeed accepted that I owe Lowell, I would have 28 days to pay in full without a CCJ entered into any records?

Apologise for the many questions on a friday, but have never dealt with anything legal and would really appreciate help+advice!

[Inca]

Re: Lowell Court Action

Hiya and to LegalBeagles

[labman]

Re: Lowell Court Action

Do you have a court date? If it is less than say 55 days away, you need to apply for it to be delayed pending information which will support your defence.

You then need to send a Subject Access Request to Lowells asking for everything they have about the account, including recordings (or transcripts thereof) of the phone conversation. You are absolutely right that they need to prove the debt and that it has been assigned legally to them and any default notice issued withstands legal scrutiny. Remember mobile contracts are not governed by the CCA.

[FlamingParrot]

Re: Lowell Court Action

Now, having no recollection of the debt (have had quite a few house moves since the alleged debt in 2008), I called up Lowell which had initially transferred the debt to Lewis group. After the initial phone conversation, the debt had been transferred back to Lowell; however, to clear the debt, a sum of £639.52 would be payable.

Also, I had asked (while not acknowledging the debt) that if payment was made for the following:
1) The county court claim would be fully withdrawn
2) Credit rating would be cleared

The rep from Lowell avoided the topic of the claim and read what sounded like the standard line of "credit rating updated etc etc" and would not be able to provide the details of the conversation in writing; however "all phone calls were recorded".

That's the problem with phone conversations, you don't have any solid proof of what was said or agreed. Phone calls are recorded at their end for internal business purposes, but that won't help you prove anything. To avoid misunderstandings, all communication should be in writing. I know of someone who agreed a repayment plan for a loan with interest frozen and no charges added over the phone, back in 2000. 12 years later, he was hit with a statement claiming an outstanding balance of £24,000 :scared: :scared: :scared: It turns out interest had been added all those years and they had no proof of the agreement to freeze interest because it was done over the phone! :rant: :rant: :rant:

Also felt that the rep was focusing very much on payment payment payment and using terms such as CCJs even though none have been granted to this as such!

Those telephone operators are trained to demand payment and do their best to scare people into paying up. They are not decision makers nor are they very knowledgeable, the can only tell you what they've got on their scripts, as you know, phone calls are recorded and if they were to tell you something different, they'd be facing a disciplinary!

Planning on contesting this and need to mount a defence; however, I do not understand how if a settlement with them is only £639.52? Also, if I asked for Lowell to "prove" that the debt is owed, granted that mobile phone contracts have not warranted any signatures etc, how would they enforce that it was indeed taken out by me or someone else using my name?

Although mobile contracts do not fall under the CCA, signatures are still required. I got a couple of them recently and had to sign. The question here is, did you actually have such a contract? Could it be cancellation charges for a contract you didn't pay till its full term? Surely you can remember what happened in 2008... :ohwell:

An added question is - If the court has indeed accepted that I owe Lowell, I would have 28 days to pay in full without a CCJ entered into any records?

Apologise for the many questions on a friday, but have never dealt with anything legal and would really appreciate help+advice!

If you pay a CCJ within a month, it gets removed from the register, see this: http://www.trustonline.org.uk/unders...removing-a-ccj

Paying the CCJ in full within a month If you do this, details of the county court judgment are removed altogether from the register.

As a matter of interest, is there a default on your credit file for this debt?

[MIKE770]

Re: Lowell Court Action

Always in writing, as I did have an agreement with HSBC telepest but after FOS was told no agreement yet I supplied proof of the agreed payments they state (the FOS) there is no proof of agreement (in writing obviously), also always send recorded Delivery even 2nd class and get copy signature etc.

[Vodafone Company Rep]

Re: Lowell Court Action

Hi doberman1,

Thanks for making me aware of this.

If you'd like me to take a closer look at things could you email me with the relevant details via the Contact us form on our website here and quote the code WRT135 - FAO Lee in the subject line?

Once sent you'll receive an automated reply with a reference number. To make sure it reaches me could you update the thread with this and I'll get back to you as soon as possible?

Kind regards,

Lee

Web Relations Team

Vodafone UK

[labman]

Re: Lowell Court Action

I would suggest you take up that offer from Lee. :beagle: