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Lowell soliciters . . . !

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  • Lowell soliciters . . . !

    Hello everyone,
    Long time lurker new member here.
    I wonder if anyone can help me with some advice re Lowell solicitors.

    Thank you in advance to anyone who manages to get to the end of my post as I've a feeling this could be quite long. . .

    I am being chased for an outstanding debt of several hundred pounds allegedly owed to Three mobile.
    I say allegedly as I dispute this debt.
    After months of gradually more threatening letters from Lowell all went quite for a couple of months and then I received a letter from Lowell solicitors a few weeks back.

    I decided enough was enough and sent them recorded delivery a "prove it" letter not a CCA request as this is a mobile phone debt, the letter was confirmed delivered and signed for a couple of days after sending.

    In the prove it letter I included a few things such as:


    I am familiar with the Consumer Credit sourcebook of the Financial Conduct Authority (FCA) which states the following rules.

    "A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3

    "A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1

    "Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.3

    "Where there is a dispute as to the identity of the borrower or hirer or as to the amount of the debt, it is for the firm (and not the customer) to establish, as the case may be, that the customer is the correct person in relation to the debt or that the amount is the correct amount owed under the agreement." 7.14.4

    "A firm must provide a customer with information on the outcome of its investigations into a debt which the customer disputed on valid grounds." 7.14.5

    "Where a customer disputes a debt and the firm seeking to recover the debt is not the lender or the owner, the firm must:
    (1) pass the information provided by the customer to the lender or the owner; or
    (2) if the firm has authority from the lender or owner to investigate a dispute, it must notify the lender or owner of the outcome of the investigation." 7.14.6


    Around a week after that I received a letter of claim instructing me to fill out the enclosed form and return it also included was the claim that they had already supplied me with notice of assignment.

    The letter of claim is dated the same day I know they received my prove it letter.


    I was under the assumption that Lowell solicitors had to prove the debt belonged to me and inform me of the outcome of their investigation to my claim that I do not owe the debt.


    Can anyone give any advice as to what my next step is?


    Kind regards,
    Grs
    Tags: None

  • #2
    Re: Lowell soliciters . . . !

    Hello Grs, welcome to LB.

    Which company of the Lowell Group is Lowell sols acting for?

    What are your grounds for disputing the debt?

    Please post u a copy of the letter your have received after removing your personal data, If you have a problem I'm sure [MENTION=49370]Kati[/MENTION] will be able to help.

    nem


    Just for info Lowell solicitors have shown on a number of occasions that they are incompetent.

    Comment


    • #3
      Re: Lowell soliciters . . . !

      Hi nem,
      Thanks for the reply,
      Lowell solicitors are acting on behalf of Lowell Portfolio 1 Ltd, who were/are chasing a debt for a Three mobile account.



      I am disputing the debt as at one time many years ago I had two contract phones on Three. Three raised the price of the contracts mid way through the contract term and I telephoned them to inform them that I have 30 days to “get out” due to them breaking contract, I know this was my right but Three refused my request to terminate one of the contracts and return the phone to them.
      As the direct debits for both phones were on different dates I cancelled one of them and didn't hear anything else from three for a couple of years until I got a letter saying I still owed them several hundred pounds, my attitude was F*** off and I did not reply.
      Around a year after that once well out of contract with the other handset I gave them the required notice to terminate the second handset and change it over to pay as you go which they did.


      Since then I ve been bothered by Lowell every few weeks until this last month when it seems to have escalated.


      Given the above and the fact I have zero proof (recorded telephone call to Three, Lack of paperwork for that time etc.) of the events I plan on refusing any knowledge of the debt.


      I shall try to scan and redact the letter now,
      thanks
      Grs

      Comment


      • #4
        Re: Lowell soliciters . . . !

        Just some additional info the default date on my credit file for this is late 2012 which is why they might be getting tougher as its only a year off statute barred.

        Comment


        • #5
          Re: Lowell solicitors . . . !

          Redacted letter, not including expense form etc, page 1


          Page 2

          postimage org browse

          Comment


          • #6
            Re: Lowell soliciters . . . !

            Originally posted by Grs View Post
            Around a week after that I received a letter of claim instructing me to fill out the enclosed form and return it also included was the claim that they had already supplied me with notice of assignment.
            The letter of claim is dated the same day I know they received my prove it letter.

            I was under the assumption that Lowell solicitors had to prove the debt belonged to me and inform me of the outcome of their investigation to my claim that I do not owe the debt.
            What is the date of the Letter before Claim?

            Is it before of after 1st October 2017?

            Di

            Comment


            • #7
              Re: Lowell soliciters . . . !

              Hi Diana,
              The date is after October 1st, it is dated the same date that I know Lowell solicitors received my "prove it" letter.
              Thanks,
              Grs

              Comment


              • #8
                Re: Lowell soliciters . . . !

                Originally posted by Grs View Post
                Hi Diana,
                The date is after October 1st
                In which case read this forum thread here > http://legalbeagles.info/forums/show...l=1#post756161

                Di

                Comment


                • #9
                  Re: Lowell soliciters . . . !

                  Hi Diana,
                  Thank you, I've had a read through that post but don't see what the relevance is. Apologies as I'm not very legal minded
                  Do you mean I should use the form to request additional documentation from them?

                  I thought by disputing the debt with the prove it letter that I was asking them to provide proof I owe it. As in:

                  "A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3



                  "Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.3


                  But they have ignored my dispute and sent the letter of claim anyway.


                  I suspect that the letter of claim was sent immediately after opening my prove it letter given the date on the letter of claim is the same date they received my letter.


                  Thanks,
                  Grs

                  Comment


                  • #10
                    Re: Lowell soliciters . . . !

                    I suppose the best way to describe it is treat the Letter Before Claim as the start of a new 'process' regardless of what has been before.

                    Here's a good explanation of how to manage the situation from @Debt Camel 's website. It's in Plain English too

                    Link > https://debtcamel.co.uk/letter-before-claim-ccj/

                    Di

                    Comment


                    • #11
                      Re: Lowell soliciters . . . !

                      Hi Diana,
                      Thank you, that link does explain it rather well in simple terms.
                      Is it worth threatening Lowell solicitors with reporting them to the financial ombudsman and information commissioner office for failing to investigate my claim that I don't recognise the debt?

                      Thanks
                      Grs

                      Comment


                      • #12
                        Re: Lowell soliciters . . . !

                        Originally posted by Grs View Post
                        Hi Diana,
                        Thank you
                        , that link does explain it rather well in simple terms.
                        Is it worth threatening Lowell solicitors with reporting them to the financial ombudsman and information commissioner office for failing to investigate my claim that I don't recognise the debt?
                        You're welcome

                        I'm all for simplification .

                        I'm also (personally) against confrontation when it's not needed.

                        If you threaten a solicitor with anything then expect them to issue a claim against you PDQ in response.

                        Di

                        Comment


                        • #13
                          Re: Lowell soliciters . . . !

                          Hi
                          Remember your letter may have been received on say 1st Oct but it can take a few days to be opened and processed. Equally their LBA could have been authorised the day before but not printed until 1st.

                          As Di has said, threaten a solicitor at your own risk, at the moment they hold the power, if you reply to the LBA some of that power comes back to you.

                          Comment


                          • #14
                            Re: Lowell soliciters . . . !

                            Hi everyone,

                            Quick update,

                            I've been filling in my letter before action reply form and using an additional sheet to request more documentation from Lowell solicitors.

                            Given the reason I mentioned in my previous post as to why I dispute the debt and given the fact they don't have to provide a signed credit agreement under the CCA, would I be better ticking box C I dont know whether I owe this debt or box D I dispute the debt.

                            Any suggestions much appreciated,
                            Cheers ,
                            Grs

                            Comment


                            • #15
                              Re: Lowell soliciters . . . !

                              Hi everyone,



                              Given mobile phone contracts are not covered by the CCA, does anyone know what Lowell have to produce to prove I owe the debt? In an un disputable legal sense. I have searched the forum and online but cant find a concrete answer.

                              I'm going to have to send the letter before claim forms back tomorrow as I'm cutting it fine with the 30 day reply time limit.
                              Any help much appreciated.


                              Kind Regards,

                              Grs

                              Comment

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