Lowell/BW Legal - Threat of CCJ for alleged mobile debt.

[LazyToucan]

Back in June/July 2013 I cancelled my contract with my mobile provider, citing what I believed to be valid reasons.

They did not budge and continued to chase me for line rental for the remainder of the term of the contract.

 

Eventually Lowell bought the account.

I have treated them by either

a) ignoring them completely or

b) informing them that the alleged debt is in dispute.

 

Up until recently the last contact I had from Lowell was back in September 2014.

 

This weekend gone I received two letters (see attached images),

one from Lowell and one from BW Legal (both arrived in the same BW Legal branded envelope),

threatening the issuing of a Claim in the County Court if payment or response is not received before a specific date.

 

 

The letters were both dated a full week before they actually arrived in the mail.

 

Anyone had any experience with BW Legal or have any thoughts on their letter and threat of CCJ.

Are they known to follow through?

What can I do to halt or stop their perusal of a CCJ?

(aside from paying them obviously!)

 

My initial thought is to send them a ‘prove it’ style letter, reiterating my stance that the alleged debt is in dispute.

 

Thanks.

[unclebulgaria67]

Yes they will issue the county court claim, which you would have to try to defend.

 

Probably best to write to BW Legal advising them of the dispute you had with the mobile phone company and that you would defend any court claim issued. Advise them that Lowell are aware of the dispute and have not responded to it. You would suggest that they pass it back to Lowells so they can investigate the dispute with the mobile phone company.

 

Keep a copy of letter and get proof of posting at the post office. Might be useful to show a court at a later date,that BW Legal were made aware of the dispute.

[LazyToucan]

Yes they will issue the county court claim, which you would have to try to defend.

 

Probably best to write to BW Legal advising them of the dispute you had with the mobile phone company and that you would defend any court claim issued. Advise them that Lowell are aware of the dispute and have not responded to it. You would suggest that they pass it back to Lowells so they can investigate the dispute with the mobile phone company.

 

Keep a copy of letter and get proof of posting at the post office. Might be useful to show a court at a later date,that BW Legal were made aware of the dispute.

Thanks for your reply and sorry for late response. Have written to BW Legal as you say, informing them of the long standing dispute and Lowell's failure to respond to it.

No news as yet, but will update thread with any further developments.

[mikeymack2002]

Lowell only have 56 days in which to deal with your dispute, after that they must issue you a final resolution letter, this allows you to take the matter further, if they have failed to do this then it may help in your defence, in as much as they didn't inform you of their investigations then tried to bully you in to paying via a CC claim..

 

 

Have a look at the CONC rules look at 7,8,9 at the least see here https://www.handbook.fca.org.uk/handbook/CONC/

[LazyToucan]

Lowell only have 56 days in which to deal with your dispute, after that they must issue you a final resolution letter, this allows you to take the matter further, if they have failed to do this then it may help in your defence, in as much as they didn't inform you of their investigations then tried to bully you in to paying via a CC claim..

 

 

Have a look at the CONC rules look at 7,8,9 at the least see here https://www.handbook.fca.org.uk/handbook/CONC/

 

Thanks for your reply. I have quoted CONC rules (7.5.3, 7.14.1 and 7.14.3 specifically) along with full details of my dispute, in my dealings with Lowell/Hamptons on this matter in the past..

That was back in September 2014. I received one letter back from Lowell saying they were looking into my query, then nothing further until these recent letters.

 

Interested in your mention of 56 days and a final resolution letter as I've not heard about that angle before. Can they be referenced anywhere, CONC or OFT guidance or elsewhere?

[unclebulgaria67]

DCA complaints can go to the FOS. They have failed to deal with your complaint within the time allowed. Think that is what is being referred to.

 

The FOS announced a few years ago, their position on dealing with DCA complaints. They are just looking at the DCA process of handling your complaint dispute and why they have not responded, while still chasing the debt.

[LazyToucan]

DCA complaints can go to the FOS. They have failed to deal with your complaint within the time allowed. Think that is what is being referred to.

 

The FOS announced a few years ago, their position on dealing with DCA complaints. They are just looking at the DCA process of handling your complaint dispute and why they have not responded, while still chasing the debt.

Ok, thanks. So, this is about the process of making a complaint to the DCA (that they have not followed CONC rules /OFT guidance, for example) and then subsequently making a complaint with the FOS if appropriate.