Lowell - I sent PROVIT 1st letter now they say it's court - please advise!

fatbelly

Communications Ombudsman

Ah no

TalkTalk isn’t signed up to our scheme, so we can’t review your complaint.

• You can contact the Communication and Internet Adjudication Scheme (CISAS) who will be able to help. Call 020 7520 3827 or email cisas@cedr.com

sourcrates

Hi,

Unfortunately these large telecoms companies are utterly useless at dealing with anything that is in the least bit complicated, and with the greatest respect, Mike from talk talk will not be able to magically “sort it out”.

Your issue is with talk talk, even though they have sold the debt, so, firstly, you send a holding letter to Lowell, explaining there is a live dispute with this account, and to hold action until the matter is resolved to your satisfaction.

You then write to talk talk detailing your complaint, and give as much information as possible, look on their website and get familiar with there complaints process.

They then have 8 weeks in which to respond to your concerns, if they resolve the issue for you, all well and good, if they don’t, you can then escalate the matter to the companies regulator.

Get writing.

Willing2Learn

Thanks fatbelly for the correction. For some reason I typed OFGEM when I should have typed OFCOM.

caynick

Willing2Learn wrote: »

Have you put it in writing to Lowell that you cancelled the contract and gave them notice via the recorded call?

Have you made a written complaint to TalkTalk via Royal Mail? If you use the official written complaints process then you will be able to escalate to [STRIKE]OFGEM[/STRIKE] OFCOM should the matter become deadlocked or unresolved. Facebook and Twitter are not good routes to resolve this type of complaint.

Have you checked if the account has been recorded as defaulted on any of your three credit files?

Thank you

Yes I have written to them (lowell and TT)

It's a CCJ on my credit file,

I wrote to Talk Talk a while back and got this. I had told them many times not to call me at certain times due to work and they just ignored me, calling when I couldn't answer.

"I contacted you on the 13th September 2018, you stated that TalkTalk had no right to charge you as you were no longer in contract and you had moved out of the property as it was demolished, you stated TalkTalk could not charge you for services you had not received.

I confirmed you had contacted TalkTalk to cancel the account on the 18th December 2015, however a cease was not placed on the account on this day which you were advised of. You were advised that there were systems issues and you would need to contact TalkTalk back another day to process the cancellation, you accepted this information and agreed to call back.

You disputed this information and stated it is enough that you verbally request a cancellation.

You have requested that TalkTalk pay for the CCJ against you, clear the debt with TalkTalk and provide you with compensation for the stress this had caused you.

I would like to confirm that verbally requesting a cancellation is not enough for our agents to cancel the services. We are required to read out compliance statements before any cancellation can be processed on the account. You were advised to call TalkTalk back which you did not do, therefore the compliance could not be read out and the cancellation could not be processed by TalkTalk.

I would also like to confirm all bills are valid and TalkTalk will not be covering the bills.

You stated you were not using the services and TalkTalk could not charge you for services you were not using. However, TalkTalk were proving the services to the property until the account was disconnected in April 2016 due to non-payment.

The debt has now been sold to Lowell Group and you will now need to contact them on 08448150694 to discuss the debt as TalkTalk are no longer dealing with the account.

If you choose not to accept this information, we will have reached something called a deadlock situation, where the offer will then be withdrawn. In that case, I will provide you with a letter confirming that we have exhausted our internal complaints process, along with the details for contacting the Alternative Dispute Resolution Scheme.
"

Any advice greatly appreciated

caynick

sourcrates wrote: »

Hi,

Unfortunately these large telecoms companies are utterly useless at dealing with anything that is in the least bit complicated, and with the greatest respect, Mike from talk talk will not be able to magically “sort it out”.

Your issue is with talk talk, even though they have sold the debt, so, firstly, you send a holding letter to Lowell, explaining there is a live dispute with this account, and to hold action until the matter is resolved to your satisfaction.

You then write to talk talk detailing your complaint, and give as much information as possible, look on their website and get familiar with there complaints process.

They then have 8 weeks in which to respond to your concerns, if they resolve the issue for you, all well and good, if they don’t, you can then escalate the matter to the companies regulator.

Get writing.

Hi and thanks Sourcates. I found this in my junk folder from a few months ago:

I contacted you on the 13th September 2018, you stated that TalkTalk had no right to charge you as you were no longer in contract and you had moved out of the property as it was demolished, you stated TalkTalk could not charge you for services you had not received.

I confirmed you had contacted TalkTalk to cancel the account on the 18th December 2015, however a cease was not placed on the account on this day which you were advised of. You were advised that there were systems issues and you would need to contact TalkTalk back another day to process the cancellation, you accepted this information and agreed to call back.

You disputed this information and stated it is enough that you verbally request a cancellation.

You have requested that TalkTalk pay for the CCJ against you, clear the debt with TalkTalk and provide you with compensation for the stress this had caused you.

I would like to confirm that verbally requesting a cancellation is not enough for our agents to cancel the services. We are required to read out compliance statements before any cancellation can be processed on the account. You were advised to call TalkTalk back which you did not do, therefore the compliance could not be read out and the cancellation could not be processed by TalkTalk.

I would also like to confirm all bills are valid and TalkTalk will not be covering the bills.

You stated you were not using the services and TalkTalk could not charge you for services you were not using. However, TalkTalk were proving the services to the property until the account was disconnected in April 2016 due to non-payment.

The debt has now been sold to Lowell Group and you will now need to contact them on 08448150694 to discuss the debt as TalkTalk are no longer dealing with the account.

If you choose not to accept this information, we will have reached something called a deadlock situation, where the offer will then be withdrawn. In that case, I will provide you with a letter confirming that we have exhausted our internal complaints process, along with the details for contacting the Alternative Dispute Resolution Scheme.



Your advice is appreciated

sourcrates

Arr,

You didn’t mention a CCJ had already been granted.

That complicates the matter even more.

That would have to be set aside, you need to accept the letter of deadlock, that’s step one, ombudsman would be next step, if successful, agreement to set aside judgement would be a condition of a successful upholding of your complaint.

caynick

sourcrates wrote: »

Arr,

You didn’t mention a CCJ had already been granted.

That complicates the matter even more.

That would have to be set aside, you need to accept the letter of deadlock, that’s step one, ombudsman would be next step, if successful, agreement to set aside judgement would be a condition of a successful upholding of your complaint.

Firstly Sourcrates, may I apologise for the delay in getting back to you and thanking you for your advice. I have a custody battle in family court going on and tbh it's wiped my memory and I have let things like this aside

Right now the situation is that I have received a county court claim and have until the 16th July to respond.

I know I have been clumsy and not on the ball. Please tell me...is there anything I can do at this stage?

TIA

sourcrates

caynick wrote: »

Right now the situation is that I have received a county court claim and have until the 16th July to respond.

TIA

I was under the impression it had already been to court, or am i missing something here ?

caynick

sourcrates wrote: »

I was under the impression it had already been to court, or am i missing something here ?

Sorry Sourcrates, looks like I have got some wires crossed.

I have a CCJ on my file from 2018 and right now I can't remember if that's TalkTalk or a parking fine I neglected. I am going to call the County Court tomorrow 1st thing to clarify but I am pretty certain it's not for TalkTalk so I must have made a mistake.

sourcrates

Right, no bother, have you acknowldged service online ?


Doing so will gain you 28 days in total, i beleive, in which to formulate a stratagy.
As this is now proceding to court, you need to decide what to do, you dont say how much the claim is for, but your choice is going to be either admit the debt in full, admit the debt in part, or put forward a defense to the claim that has a reasonable chance of success.


Legal Beagles may be able to help you with that, there site can be forund here :


https://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues/received-a-court-claim