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Lowell claimform - Old 3 Debt - Help please


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I received a Letter of Claim(pre action claim letter) from Lowell Solicitors on 03/06/2018, and have 30 days to send them the reply form, but just saw it today.

Very worried if it is late.

 

The Account start date 14/01/2013

Date of default 14/12/2013,

the original company name is THree mobile, regarding 385.51 balance., so maybe a mobile contract wih handset.

 

Then I sent the reply form back to the solicitors and CCA request to Lowell portfolio I Ltd,

 

On 26/07/2018 received these letters from Lowell solicitor today( please see attached pictures)

 

It says: "As this is former telecommunications matter it is not regulated by the Consumer Credit Act 1974, the original creditor is therefore not required to retain a copy of the Agreement, Subsequently, we are unable to request a copy of this document.

 

A default Notice is a technical document that is applied to a Credit Agreement should a customer fail to repay the account..

 

As mobile phones have a Service Agreement and not a Credit Agreement, a Default Notice does not apply and is therefor not issued. "

 

Since then they only enclosed a simple bill which is only 92.17 pounds from 3G, but Lowell asking for 385.51 pounds now., there is no other document for how it comes to be 385.51. It is not on the Term and conditions they sent neither.

 

Also, on all the 3G letters, there is no 3G address at all.

 

They said they hold my case for 30 days, otherwise will take court procedure.

 

I am not sure about this phone contract, and not afford such big amount.

What should I do next please?

 

Anyone could give me some advise plz,

what is my next plz?

Should I send SAR to 3G?

how can I find the address of 3G which I should send to plz?

How should I reply letter for Lowell solicitor letter on 26/07/2018 plz?

 

Thanks a lot for any advices!

 

Thank you

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posts merged

thread retitled and moved to telecoms

attachments removed as you've left ref numbers etc showing

please read upload

and put them all up in one multipage PDF.

 

telecom debts are mostly made up of the charges for the remaining months of the contract and they are unfair under Ofcom rules and lowells know this.,

 

you've done all you need to do now

 

see if they issue a claim

 

go get your credit file

that should fill in more

and give you the defaulted date

which does need a default letter to exist

 

have a read of these threads

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=lowell+claimform+mobile&sa=Search+CAG

.

 

not much point in wastingyour effort on all the questions you ask.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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ONE multipage pdf please

Read upload

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi ...responding to your PM

 

I personally wouldn't bother converting and re uploading as we seen the same documents 100s of times on other threads...they are not unique to you..your 1 of 1000s.

 

You have returned the LBC pre action protocol back to them with your responses.

 

They now have 30 days to respond to you again or to issue a court claim.

 

You do not have to do anything now until if a court claim arrives...then come back here for further advice on how to defend the claim.

 

You could tell us a brief history why you didn't pay the £93 in 2013 and details of any dispute (if any ) ?

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Hi Andy,

 

Thank you so much for your reply.

I was sorry about brothering you and DX100UK ( how to @ dx100uk?)

 

I just went borrowed friend computer and have merged pictures to be one PDF this evening and try to uploading now.

 

The contract with mobile, I could not remember what is that, I use my o2 mobile contract for many years. So not sure about this 3 mobile one.

 

Since your advice is just wait, I may wait for Lowell solicitor next action for claim.

 

But just thinking,

I never send SAR to 3 mobile,

I guessing better to send them SAR to ask for the data and any information since Solicitor said did not give me any statement?

I am not sure 3 mobile address,

which one I should send to though.

Thank you again!

docs1.pdf

Edited by tearsvoice
reupload pdf
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no need to sar the OC

what they hold is pretty much immaterial.

its what the claimant produces IF IF IF it actually goes to court that's important...or not if they fail...:lol:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Dear dx100uk,

 

Sorry for late reply. Was extremely busy for my new job and self study course :(

 

I was very nervous since first time meet this kind of thing.

I send SAR to 3 mobile to see that information they have on the account, and informed this to Lowell solicitor of this as well.

Received both reply from 3 mobile and Lowell solicitor (attached edited PDF).

 

Lowell mainly saying: Please note the £92.17 is the airtime debt and the £293.34 is the early termination fee therefore the current balance is £385.51.

We have requested for an up to date copy of your statements to show you this.

 

3 mobile gave nothing, said address I provided not match the one they hold for that account, and asking me provide prove of that address.

 

I guess the address on 3 mobile account is my old address? but I do not have any letter of old address (I even do not know which of my old address they have on the account).

 

 

Should I continue to request SAR from 3 mobile?

Or should I just wait till court claim?:sad:

 

Thank you dx100uk and Andyorch, for all your advices.

 

Wish you have nice evening.

 

Regards!

Tearsvoice

 

Sorry attached.

Thank you dx100uk,

I will try to read more threads

(I have read some, but not very understanding some law terms, poor English :( ),

but you do helped me kick out some of my scared feeling.

Thank you very much.

Lowell & 3 mobile reply letter after SAR request.pdf

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if you go read like a few mobile claimform threads here

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=claimform+mobile+dismissed&sa=Search+CAG

you'll see early termination charges are unfair under Ofcom rules

and oftem cause the claim [iF IF IF you ever get one]

to be dismissed

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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ho ho ho

 

mostly early termination charges are unfair under Ofcom rules

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

  • 1 month later...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

  • 2 weeks later...

Dear dx100uk,

 

Received letter (attached)from Lowell solicitor again saying I did not respond the County Court Claim.

 

I did not receive the County Court Claim.

Only got the one called County Court Claim issued letter from Lowell solicitor.

 

I am worrying if any reason I did not received but court did issued the County Court Claim?

 

Should I email Lowell solicitor to ask the Claim please?

 

Thanks again for your advice.

 

Regards,

Tearsvoice

notice of pending CCJ-.pdf

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Go ring northants bulk tomorrow and ask if a claimform/claim was made against gou

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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oh yea..i sometime forget what years it is too..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Dear dx100uk,

 

I called court today and told the claim reference on the Lowell Letter, and told them I did not receive the claim at all, Court send me 2 emails(attached),

 

the 1st email it is about the claim and claimant, but seems it is not the full information?

because there was no issue date of it So I don't know the time frame,

 

should I respond it by 24th Oct in the previous Lowell letter? OMG it is the day after tmr....

..Also it seems not completed of the claim amount as well???..

 

...The 2nd email is about the respond forms (seems not in order)

 

How can I do next please?

 

 

Name of the Claimant ? Lowell Portfolio I Ltd or Hutchison 3G Uk LIMITED?? [- no they've sold it on -dx]

 

Date of issue – Don't know, did not receive claim in paper

 

Have not done any response to the claim

 

Particulars of Claim

1) The Defendant entered into an agreement with Three mobile under account reference …..

 

2) The Defendant failed to maintain the required payments and the service was terminated.

 

3) The right to collect the outstanding balance was assigned to the Claimant by Hutchison 3G UK Limited on 29/02/2016 and notice given to the Defendant.

 

4) Despite repeated requests for payment, the sum of £385.51 remains due and outstanding.

 

And the Claimant claims

The said sum of £385.51

Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.084, but limited to one year, being £30.84

Costs

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I received the Notice of Claim Issue letter from Lowell Solicitor on 01/10/2018 and Notice of pending County Court Judgment from Lowell solicitor on 14/10/2018

 

What is the total value of the claim? 501.35

 

Is the claim for -mobile phone account

 

When did you enter into the original agreement before or after April 2007 ? 14/01/2013

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? yes

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Lowell issued the claim

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Lowell first said they purchased the debt, then sent a letter that it was not factually correct, as they acquired the right to collect the debt

 

Did you receive a Default Notice from the original creditor? no, when I requested it. Lowell solicitor replied:"Default notice is a technical document that is applied to a credit agreement should a customer fail to repay the account. As mobile phones have a Service agreement and not a Credit agreement, a default notice does not apply and is therefore not issued "

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? don't think so, havent found any letters

 

Why did you cease payments? I could not remember this agreement and also for financial difficulties reasons, otherwise will just pay it to avoid all these annoyings.

 

What was the date of your last payment? could not remember at all

 

Was there a dispute with the original creditor that remains unresolved? no

 

Did you communicate any financial ?no

court claim -1st email regarding claim by claimant.pdf

Court claim 2nd email.pdf

Edited by dx100uk
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Ring again tomorrow and ask for a copy of the N1 and issue date

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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Yes n1 is the claim form

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Ring again tomorrow and ask for a copy of the N1 and issue date

 

Dear dx100uk & Andyorch,

 

I ring the county court again, they said the 1st email sent yesterday is the N1 (I have attached in my previous post- "court 1st email...." ) and the issue date is 1 Oct 2018, they said luckily I havent been issued CCJ yet, but 14 days timeline been past, I need to response ASAP, I can response court via email though.

 

How should I response it please? Which page should I fill in please?

 

Thanks a lot for your help.

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Yes n1 is the claim form[/QUOte]

Because court asked me to response ASAP since issue date is 1st Oct 2018, should I just fill in the "Acknowledgement of service" only today and scan send email to court today?

 

Thank you very much.

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have you the claimform number or know it [top right on the form N1] form

 

and does the additional information box have a password at the end?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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