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    • Can I just leave it as saved and not submit or do I need to delete everything?
    • don't file yet not needed till/by 4pm tomorrow   let andyorch check things over 1st    
    • well the claim is stayed so don't panic for now.   is this the ONLY payment made and how did capquest get this out of you? by phone?   explain what caused you to make the payment and how you did it please   dx                
    • Lovely stuff.    1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ********************    2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.   3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant.   4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £70.60 - The claimant claims the sum of £953.13   #####Defence######   The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. Paragraph 1 is denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.   2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974.   3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)   4. On receipt of this claim form I, the Defendant, sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.   5. A further request made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.   6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:   a) show how the Defendant has entered into an agreement and; b) show how the Defendant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim   7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.   I will get this put into the defence section. Thank you again.
    • just remove the 2nd part where you mention some reply.
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Lowell Telecom account in default reported on credit report

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I am new to this site but it is exactly what the Dr. ordered. Brilliant self help. 

 

Lowell is reporting a default in the amount of £674.00 for a Telecoms supplier.

It gives an address that I lived at until

  • Moved in June 2014  out Dec 2014.
  • Account start date was 15/07/2013
  • Default 10/12/2015
  • This date not possible because I did not live at or have a land line in December of 2015.
  •  

Lowell is reporting account as of April 2016.

nothing from the telecoms supplier on the report.

 

I do not have any documents cornering this account.

I need to get docs to challenge the credit report.

 

what are the steps I should take?  

have read other posts about SAR.

should I ask  BT to provide me with a SAR first.

 

Also interesting twist to credit reporting, I have been reading GDPR on credit collectors.

I have not seen any comments on using this as a tool/argument to dispute credit reporting.

This would be correct since the originator of the data is NOT Lowell. 

 

Any one tried this angle?

any advice is appreciated.

 

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Hi and Welcome to CAG

 

I have moved your thread to the correct forum ...please continue to post here.

 

Regards

 

Andy


We could do with some help from you.

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

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a debt buyer cant register nor change the default date issued by the original creditor when or before they sold the debt.

 

so your target would be BT.

 

 

but its weird they've done so some 12mts after you left the property though.

unless Lowell have fudged it which not unheard of

eitherway

you dont owe the money. [till end of contract monthly sums] Ofcom are clear on this .

 

yep sar BT 1st lets see what gives

 

 

 

 

 


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hello thanks for the note, hope you are well. what do you suggest? 

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