Jacamo fraudulent account but Lowell taking court action

[emmaf01]

A dear friend is trying to fight legal action from this catalogue company via Lowell's even though she never opened the account and goods were delivered to a different address. She informed the catalogue company approximately two years ago when she first received a letter about the account.

 

After that she heard nothing til a couple of months ago with a letter from Lowell's. Being inexperienced and knowing this was not her account she rang them and explained the account was fraudulent. She also rang the catalogue company but they couldn't give her any information!

 

She has acknowledged the court papers and entered a defence that though the account is in herr name, she didn't receive the goods and they were not delivered to her address. But Lowell's just sent her a letter saying they would reduce the amount!

 

How does she get evidence when the catalogue company say they have no information on what was ordered and where it was delivered? Why is this happening when she informed them about the fraud years ago. Its been assigned to her local court but she needs to be able to get evidence?

[silverfox1961]

Hi

I'm assuming that as your friend is inexperienced, she didn't report the fraud to the police at the time or via ActionFraud!

 

I hope you told her off for ringing these people and told her to deal in writing only. Lowells will have the basics of the account only so will have to go back to Jacamo to get the paperwork mentioned in the claim.

 

In my opinion, she should write to Lowells solicitors and firmly state that the claim will be defended as it was never her account and goods were delivered to an address she had no association with (she may need to prove this). Her credit record may help here with address associations, especially if she had never lived at the address named.

 

As the claim hasn't been placed on any particular track, she could try a cpr request to get copies of the paperwork involved.

 

BTW, I have little to no true experience of this so I am going on what I have also learned whilst being on CAG

[AndyOrch]

If we could have details of the claim particulars and defence submitted emmaf01...then we can advise further on how to proceed.

 

I would advise although a little late as post defence that a CCA and CPR 31.14 request be sent to the solicitor and Claimant (one and the same in this instance as its LOwell)

 

Andy

[emmaf01]

 

She did report it to action fraud about 2 years before when she first got a letter referring to the account. The exact particulars are not immediately to hand. It is for approximately £1500. It has been assigned to the small claims track at Liverpool court.

 

He defence explicitly states the account was fraudulent with a delivery address which she has never resided at and she has never received the goods. I think Lowell have definitely read this by now . She asked for mediation but mediation said it wasn't suitable if she denied she had the account at all.

[AndyOrch]

If you could post the details (verbatim) when you have them to hand.

 

Andy