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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1) The county court claim would be fully withdrawn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!
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!
to LegalBeagles
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