lowell solicitors

taragaz

good morning to all..
lowell solicitors sent me letters saying i owe a debt from talk talk which was 4years ago ..i rang them and asked for proof of acct..no joy only there jargon to pay money owed etc..i rang talk talk asking for acct information..no joy as it had been passed on to lowell...so i seeked legal advice to ask if i was in the right or pay it...they said i was right to get proof of account..i also rung a debt advice company,there reply was hold your ground..get proof...so nothing for two weeks and now its been passed to Bw legal and the ammoiunt has gone from £180-£480...can anybody give the helpon this situation as i dont know whats next...do i have to go to a solicitor and see if im in my rights ...many thanks garry

Willing2Learn

Hi Garry and welcome to the forum

What does the paperwork look like that you have received from BW Legal? Does it look anything like the video linked on following webpage? (you will need to scroll down to see the video)

https://www.stepchange.org/debt-info/ccj.aspx

sourcrates

Hi Garry,

You should stay off the phone to these people, its seldom productive, the debt may look as though its increased because of applied legal costs that you may incur should the debt go to court, however a £300 increase sounds ridiculas to me.

Its important to identify exactly what letter you have received, is it just a threat of legal action, or an actual claim form.

Proof of the debt needs to be requested in writing, this will put everything "on hold" until it is supplied, the only exception to that is if its a claim form you have received, proof can still be requested, but the claim form needs to be completed and returned as strict time limits apply.

taragaz

the letter came in white envelope...there were two parts

jc international aquisition.llc..heading ..your account been passed to our legal team

bw legal...there clien jc international acquisitions

both on white paper.stating i must pay £412.41 in 14 days

taragaz

to answer your question...i asked lowell solicitors 3 times for proof of contract...by letter..the letter has no come from BW LEGAL there client is JC INTERNATIONAL ACQUISITIONS..who are now asking me to pay £412.14 in 14 days...do i respond by letter to ask again for proof of account..thankyou for replyiing

Willing2Learn

Hi Garry,

Did you check out the video I linked to in my last post? Is there a questionnaire included with the paperwork you have received?

sourcrates

Letters from BW legal are usually what I would term, "threat letters", sent before an LBA or a claim form, it would normally detail the debt, and the cost of taking this to court, and ask you to contact them today blah blah blah, is that what you have there ?


If so, then I would respond thus,



Dear BW Legal,


I refer to your recent letter, the contents of which have been noted.

Please be aware a dispute in regard to this debt exists, I have requested proof of liability, in writing, from Lowell on three seperate occasions, so far Lowell have ignored my requests, it appears Lowell have now shirked their responcibilities by offloading this account to JC International Acquisitions, your client, so the onus is now on them to fulfil there obligations to provide evidence of this debt.

The FCA rules are clear that ” 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.”

I do not owe this money. You have failed to produce any evidence that I do. If you do not cease contacting me about this debt I shall be registering an official written complaint with both you and your client, and will have no hesitation to escalate the matter to the Financial Ombudsman if neccessary.


Yours Sincerely

taragaz

hi sorry i did look at your thread,and no there was no questionaire sheet...i did get one with lowell solicitors as the were taking me to court and i disputed the claim etc on there questionaire sheet...this is where i got the leter from BW etc ..

taragaz

hi..yes it was a letter as you described..no breakdown of debt occured etc just a figure sum which as increased from £180 with lowell and now £414.40..with BW...i must get in contact etc and ive got 14 days to to pay..

taragaz

ps...my letter has been typed from your help with how to respond ...i cant thank you enough...:beer:

sourcrates

taragaz wrote: »

hello..before i send my letter...the BW letter came addressed with my first name and middle name without my surname..is there anything from that in which i dont respond or proceed as normal..thanks

Err...no, carry on, its a typing error, nothing more.