Lowell's "Pre-Legal Assessment" - Please advise

caynick · 15 February 2019 at 11:50AM

Hi all,

Lowell's have sent a "pre-legal assessment" and are chasing me for:

1) A disputed Eon bill from early 2013 (I had left the property, settled up only to get a new bill later)

2) A disputed Talk Talk bill from 2014/5 ( I left the property, gave notice on a recorded call - kept getting bills for 1 year, complained - they stood their ground and I ignored it - probably should have gone to Ombudsman)

My questions:

1) Re: Debt #1 - Can I claim "Statute Barred"/debt expired as have not engaged in 6+ years? If yes what do I do?

2) Should I worry about this threat? What do you advise as my approach?

I have never answered their calls or letters btw.

Thank you in advance lovely people.

sourcrates · 15 February 2019 at 1:58PM

Hi,

This is why, if you have a dispute, as annoying as it can be to deal with, you should always follow it through to the bitter conclusion, thus avoiding a pre-legal assessment letter 5 years down the line.

Debt (1) does it show anywere on your credit files ? or do you know the default date ?
Recent case law has agreed the default date now constitutes the cause of action date where the limitations act is concerned.

Debt (2) Lowell can be very litigious yes, dispute the debt with them again, ask them for proof/evidence, keep disputing it, you wont win by rolling over.

caynick · 17 February 2019 at 12:48PM

sourcrates wrote: »

Hi,

Debt (1) does it show anywere on your credit files ? or do you know the default date ?
Recent case law has agreed the default date now constitutes the cause of action date where the limitations act is concerned.

Debt (2) Lowell can be very litigious yes, dispute the debt with them again, ask them for proof/evidence, keep disputing it, you wont win by rolling over.

Hi and thank you for your reply

Re Debt (1) No I cannot see it there, date was roughly Feb 2013

I will email them disputing them and ask for details of default dates, thank you again

caynick · 17 February 2019 at 12:59PM

sourcrates wrote: »

Hi,

Debt (2) Lowell can be very litigious yes, dispute the debt with them again, ask them for proof/evidence, keep disputing it, you wont win by rolling over.

Hi Sorry meant to ask you - shall I do this via PROVIT letter or email with just a few sentences disputing and asking for evidence?

Thank you