Lowell Claimform - Old 3 Phone Debts!

[Anthony7 1]

Hi!

 

in the past I have legally had credit card debts written off, due to them being passed onto a debt collector, who had no record of a signed CCA between me and them.

 

Now Lowell are chasing me for 3 old phone bill debts from around 5 or 6 years ago

(one of which I do not recognise as it's with EE, and I have never had a mobile contract with them, or with BT.)

which somehow adds up to over 1000 pounds. 

They have sent me a County Court Claim form via the County Court Business Centre.

 

If I just filled in the Defence with "The Defendant denies that they have previously entered into an Agreement or contract with Lowell Portfolio Ltd and does not wish to consent into entering a contract or Agreement with Lowell Portfolio Ltd.",

 

what exactly can the court do to enforce their claim?

 

As I have never spoken, replied or acknowledged any letters from them in any way previously.

 

Many thanks in advance!

[dx100uk 8,579]

god no don't do that

 

please complete this:

 

 

 

there are 100's of Lowell mobile claimform threads here

once you've posted the above

use our search for Lowell mobile claimform

 

you'll soon get the idea upon whats needs

but don't do anything without checking here first please

 

dx

 

[Anthony7 1]

Ok cool many thanks!  Much appreciated...I will check everything out now and answer all those questions!

[Anthony7 1]

Ok so here we go, amounts are vaguely rounded...I currently have an active contract with 3 that I have had for about 6 years, and have never had a contract with EE:

 

Name of the Claimant:Lowell Portfolio Ltd

 

Date of issue:5 th November 2019

 

Particulars of Claim:

The Claim comprises the following Agreements the Defendant entered into:

a) EE Limited with reference x and current balance of £100

b) Hutchison 3G UK Ltd with ref x and current balance of £150

c) Hutchison 3G UK Ltd with ref x and current balance of £750

 

"The agreements were terminated as payments were not maintained and subsequently assigned to the Claimant.

And the Claimant claims:

 

a)The total of the said sums being £1000

b)Interest bla bla of 8% but limited to one year, being x

c)Costs""

 

 

What is the total value of the claim? £1200

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes, but I don't have the letter

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? I moved temporarily to multiple other addresses abroad and in the UK, then returned to the original address.

 

Did you inform the claimant of your change of address? No I have never spoken to, acknowledged or written to the claimant, but anyway I have kept my current address as my permanent address for most correspondence including for banking and phone contracts.

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? 3 (the number) mobile phone accounts (2 by 3 (the company))

 

When did you enter into the original agreement before or after April 2007 ?

After (one I don't believe I ever entered into), all would have been between about 5 and 6 years ago

 

Do you recall how you entered into the agreement...On line /In branch/By post ?

Online

 

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

I'm not sure

 

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. All debt sold to Lowell Portfolio

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes (but I don't have it)

 

Did you receive a Default Notice from the original creditor? Not sure, likely yes (I was living abroad during the last 4 years )

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not sure, likely yes

 

Why did you cease payments? Financial reasons

 

What was the date of your last payment? Unknown, likely between 5 and 6 years ago

 

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

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

 

 

And they say that I should reply within 14 days of the day of service...the day of service is taken as 5 days after the issue date. 

[dx100uk 8,579]

Go get your credit file

we need last payment date for each account

 

if not go ring 3 and ask

 

Dx

[Anthony7 1]

Ok...but I don't know what accounts Lowell's references are referring to, especially the EE one...but I guess I can work it out from the report.

 

I tried with Experian, is there a quicker way? Thanks! Perhaps I will call 3 tomorrow!

 

"Here's what happens next:
We'll email you in the next 24 hours to confirm your application.
We'll email you once we've put your Passkey (which you'll need to access your personal data) in the post.
In the next seven working days, we will send you a letter in the post with a passkey which allows you to download your report"

[dx100uk 8,579]

Noddle

 

[Anthony7 1]

Ok great, many thanks! 

 

Noddle (now called Credit Karma) tells you your score, but if you want to see the report, it refers you to Experian...

 

I might try a few others!

 

Oh actually it does tell you on their site...thanks for the recommendation!

[dx100uk 8,579]

so what are the dates?

dx

[Anthony7 1]

Ok so here is the credit report...let me know if this is enough info!

 

Regarding a) EE Limited £100

There is no mention anywhere on my credit report of this, either under Lowell or EE. And as mentioned I don't remember ever having a contract with them or receiving a letter about it.

 

Regarding b) Lowell/Hutchison 3G UK Ltd £150

15/10/2019 Updated

Account start date: 20/04/2013
Opening balance: £ 62
Repayment frequency: Monthly
Date of default: 04/02/2015
Default balance: £ 62

 

Regarding c) Lowell/Hutchison 3G UK Ltd £750

15/10/2019 Updated

Account start date: 21/05/2014
Opening balance £ 72
Repayment frequency: Monthly
Date of default: 15/01/2015
Default balance: £ 72

 

My report says that there are no closed accounts...

 

Thank you lots, let me know if I need to find out anything else..!

It just tells me the date of default, not any other dates when I last paid...

[dx100uk 8,579]

Pers id go ring ee and 3g and ask

Cant hurt you.

But do not ring lowell s

 

Dx

[Anthony7 1]

Thank you, do you mean to ask for the dates of when I last paid them for the contracts that I may have had with them?

 

Is this essential for the Defence letter?

 

Though I am 99.9% sure I have never had a contract with EE, surely the Claimant's whole case would be dropped if I prove this to be the case? 

 

Thanks!

[dx100uk 8,579]

you are in the info gather phase 

get it.

 

it could be fraud or ID theft id you've moved since that EE was taken out.

 

the other accounts could well be statute barred if you've made no payments in 6yrs prior to their claimforrn.

and if they were that would be extremely important to any defence as SB defence would blow those accounts out the water.

 

dx

 

 

[Anthony7 1]

Ok thanks I understand...will give them both a call tomorrow!