Lowell solicitors - statue barred debt

[Katihhgr]

Re: Lowell solicitors - statue barred debt

I've tracked my latest letters if I was still In the limitations period would I not have rest the clock just by sending a letter saying it's not barred? They are hell bent on 25 June 2011. They have mentioned in periods letters it's for o2 and obviously it's in all the letters

[Diana M]

Re: Lowell solicitors - statue barred debt

I was still in contract with a phone. It was literally a new contract also as it was a upgrade

If it was an upgrade of an existing contract they may/may not need to produce the full history of this account.

When would your contract (upgrade) obligation have expired?

Di

[Katihhgr]

Re: Lowell solicitors - statue barred debt

If it was an upgrade of an existing contract they may/may not need to produce the full history of this account.

When would your contract (upgrade) obligation have expired?

Di

I'm not sure I could say it was that long ago now.
i think probably some time in 2011 as I renewed in maybe 2010/March time

[Diana M]

Re: Lowell solicitors - statue barred debt

I've tracked my latest letters if I was still In the limitations period would I not have rest the clock just by sending a letter saying it's not barred? They are hell bent on 25 June 2011. They have mentioned in periods letters it's for o2 and obviously it's in all the letters

I've read your uploads and the second upload refers to "the Claimant's position" so I'm guessing you have already been served with a county court claim.

Am I right?

And have you already filed a Defence pleading the claim/debt is Statute Barred?

Di

[pt2537]

Re: Lowell solicitors - statue barred debt

To determine the question of limitation id suggest asking for a copy of the contract from Lowells,

Now since lowells have sent what appears to be a letter of claim, they will be obliged to provide essential documents which they will rely upon if proceedings are issued.

If you havent already then id ask them to provide a copy of the contract under their inherent duty of disclosure under the pre action protocol practice direction, ill post up a link to the protocol shortly.

[Katihhgr]

Re: Lowell solicitors - statue barred debt

I've read your uploads and the second upload refers to "the Claimant's position" so I'm guessing you have already been served with a county court claim.

Am I right?

And have you already file a Defence pleading the claim/debt is Statute Barred?

Di

no they haven't served me with a county court claim as of yet

[Diana M]

Re: Lowell solicitors - statue barred debt

no they haven't served me with a county court claim as of yet

So why does that letter refer to the "Claimant"?

You've said that you've moved house many times since then so is it possible that Lowell have served the claim on an old address?

Or are they just messing with your head

Di

[Katihhgr]

Re: Lowell solicitors - statue barred debt

So why does that letter refer to the "Claimant"?

You've said that you've moved house many times since then so is it possible that Lowell have served the claim on an old address?

Or are they just messing with your head

Di

i guess it's possible to issue a claim to an old address but I've lived at my current property for three years I feel like they are just messing with me to get me to pay like scare tactics. ��

[pt2537]

Re: Lowell solicitors - statue barred debt

Ive removed the images you posted, they had account numbers on them which could identify you,

[Katihhgr]

Re: Lowell solicitors - statue barred debt

To determine the question of limitation id suggest asking for a copy of the contract from Lowells,

Now since lowells have sent what appears to be a letter of claim, they will be obliged to provide essential documents which they will rely upon if proceedings are issued.

If you havent already then id ask them to provide a copy of the contract under their inherent duty of disclosure under the pre action protocol practice direction, ill post up a link to the protocol shortly.

Would this be my original contract

[Kati]

Re: Lowell solicitors - statue barred debt

Ive removed the images you posted, they had account numbers on them which could identify you,

redacted and reposted xx

[Katihhgr]

Re: Lowell solicitors - statue barred debt

They have actually been writing to me since January surely if they had a legitimate claim they would have just issued a claim?

[pt2537]

Re: Lowell solicitors - statue barred debt

If they did issue a claim on an old address, then it will be something that could be challenged and potentially set aside under CPR 13.2 as the Claim form would not be served in accordance with the CPR as they clearly have your current address on account that they are corresponding with you there.

[Diana M]

Re: Lowell solicitors - statue barred debt

i guess it's possible to issue a claim to an old address but I've lived at my current property for three years I feel like they are just messing with me to get me to pay like scare tactics.

That's what I'm thinking!

Maybe there is no "Claimant"

Send them a s 77-79 CCA Request even though it's not relevant.

You can mess with their head too especially when you may be weeks away from SB. But don't get overly excited in case you're not.

Also send a Subject Access Request to O2 to get the account history.

Di

[Diana M]

Re: Lowell solicitors - statue barred debt

Ive removed the images you posted, they had account numbers on them which could identify you,

Thank you for responding to my reported post where I highlighted the issue.

Di