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Moneyclaim advice please- Lowell

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Moneyclaim advice please- Lowell

edited 30 November -1 at 1:00AM in Debt-Free Wannabe
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dlpfan2019dlpfan2019 Forumite
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edited 30 November -1 at 1:00AM in Debt-Free Wannabe
Hi all,

My wife has today received a moneyclaim from Lowell Solicitors regarding an O2 bill from 2013, this has come out of the blue with no previous communications

It relates to a disagreement with 02 regarding a final bill for which O2 eventually agreed with us and said nothing was outstanding, we then received 6 months later demands for 6 different accounts and amounts which were obviously not ours

We wrote to O2 who apologised for this

We then heard nothing more until today, obviously we will be defending it as its not ours but wondered what I put, do we say we will be defending it and then contact Lowell and O2 seperately to ask them to withdraw it why they prove the debt?

We will have a look this weekend as to whether we still have the paperwork they gave us but it was 6 years ago so not sure we do

Any advice on what to write in the defence is appreciated

Replies

  • sourcratessourcrates Forumite, Board Guide
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    Hi,


    The more elements of doubt you can put into this, the better your chance of a positive outcome.
    If the debt defaulted more than 6 years ago, it would be statute barred by now, so your defence would be "this is not my debt, and if it were, it would now be statute barred in any case".


    You should write to Lowell and ontline events prior to them purchasing the debt.


    Its up to Lowell to deal with O2 as they have washed there hands of the debt by selling it on.


    Its very common for old disputed debts to suddenly rear there ugly heads again, in the form of a court claim, many years later, as creditors just sit on the old accounts, then sell them on in bulk.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File and Ratings, Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to:
    [email protected].
    Any views expressed are mine and not the official line of MoneySavingExpert.com.
    For free debt advice, contact either : Stepchange, National Debtline, CitizensAdviceBureaux.
  • edited 14 April 2019 at 8:11AM
    WhenIam64WhenIam64 Forumite
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    edited 14 April 2019 at 8:11AM
    You should write to Lowell and ontline events prior to them purchasing the debt.

    2d8j10.jpg

    If it looks like this, it is a live MCOL claim. The process is to acknowledge the claim within 14 days and send in a defence to MCOL within 28 days. The instructions on what to do are on the MCOL form but if in doubt phone the MCOL helpline.

    These are the two stages needed to get the issue moved to the next stage (allocation) which gives you up to 30 weeks to sort the issue with Lowell

    Edit: If it is just a threat of a MCOL claim then follow SC's instructions.
    The more elements of doubt you can put into this, the better your chance of a positive outcome.
    If the debt defaulted more than 6 years ago, it would be statute barred by now, so your defence would be "this is not my debt, and if it were, it would now be statute barred in any case".

    SC has given you a basis for a defence you would put in, plus ticking the box, I deny the debt [is collectable]

    Lowell and others try this one from time to time and should have sent a Letter before Claim 30 days ago. If they didn't then you could put this in the defence too as a failure to follow pre-action protocol.
    Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.

    The law is like an ocean - have a swim but don't drown.
  • Lea12Lea12 Forumite
    1 posts
    Apologises to jump on the back of this! But looking for some help!

    Are Lowell Solicitors and Lowell Financial the same people? My partner has a CCJ with Lowell Solicitors but when researching them all we found was people and money advice experts saying not to pay them as they're “dodgy” and not paying off debts. But always showed as Lowell Financial even when searching Lowell Solicitors.

    We are really confused on what to believe! Any help would be highly appreciated!!
  • DCFC79DCFC79 Forumite
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    Lea12 wrote: »
    Apologises to jump on the back of this! But looking for some help!

    Are Lowell Solicitors and Lowell Financial the same people? My partner has a CCJ with Lowell Solicitors but when researching them all we found was people and money advice experts saying not to pay them as they're “dodgy” and not paying off debts. But always showed as Lowell Financial even when searching Lowell Solicitors.

    We are really confused on what to believe! Any help would be highly appreciated!!

    Yes but 2 different divisions if you like.

    Lowell Solicitors are just that.
    Lowell Financial possibly collect the debts owed.

    How old is the CCJ ?
  • sourcratessourcrates Forumite, Board Guide
    20.9K posts
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
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    Lea12 wrote: »
    Apologises to jump on the back of this! But looking for some help!

    Are Lowell Solicitors and Lowell Financial the same people? My partner has a CCJ with Lowell Solicitors but when researching them all we found was people and money advice experts saying not to pay them as they're “dodgy” and not paying off debts. But always showed as Lowell Financial even when searching Lowell Solicitors.

    We are really confused on what to believe! Any help would be highly appreciated!!


    Lowell are major players in the debt purchasing industry, they have various umberella companies which operate different parts of their buisness, these include :


    Lowell portfolio 1 LTD
    Lowell Financial
    Lowell Solicitors


    They are no better or woese than any other debt purchasing company, they are legitimate, they own the debt, and have a CCJ in their favor, therfore you should engage with them to avoid further escalation.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File and Ratings, Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to:
    [email protected].
    Any views expressed are mine and not the official line of MoneySavingExpert.com.
    For free debt advice, contact either : Stepchange, National Debtline, CitizensAdviceBureaux.
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