lowell solicitors

[Deleted User]

Good advice as ever sourcrates. I was just wondering if it's worth heading any letter 'without prejudice', or is that a bit over the top ?

WhenIam64

I was just wondering if it's worth heading any letter 'without prejudice', or is that a bit over the top ?

The purpose of "without prejudice" is that it flags up that this is something a judge can only look at after they have made a decision, and is now looking at costs.

The contents of a WP letter should be a genuine attempt to settle the matter without going to court and incurring costs for the losing party. The losing party pays the costs of both sides.

In this case, the OP states that a) it is not his debt as it was never his phone number and b) they are trying to get Lowell to understand this, so a judge should see any letter as part of his decision on the facts of the issue and not the costs only.

If the letter contains material facts and the letter is marked WP, then a judge could come to the wrong decision as he/she is not entitled to use the contents until after judgment but before costs.

taragaz

Good evening, today I received a letter from Lowell,the letter reads :-

We confirm receipt of your letter dated 30th September. As you are aware this matter related to a former TalkTalk account Ltd opened in your name on the 20th April 2015 and defaulted in May 2015. We have reviewed the matter and this matter relates to a former telecommunications account, it is not regulated by the Consumer Credit Act 1974, the original creditor is not required to retain a copy of the agreement, Subsequently we are unable to request a copy of this document. We have now requested a copy of the account statement from our client and this will be forwarded to you in due course upon receipt. Please note no further action will be taken in regards to this matter until a response is sent to you,is what there saying about telecommunications act right and how do i act on this thanks

TalkTalk

Hi Taragaz,

We'd like to get this looked into for you, and get you the information you need as soon as possible. Can you contact my team on Twitter @TalkTalk, quoting your account number, so we can get this sorted for you please?

Thanks,

Mike
TalkTalk Social Team

taragaz

afternoon mike..sorry i dont do twitter or any social media,other than email or site forums as this one..
today ive received a letter from lowell.it has been enclosed with...YOUR BILL SUMMARY,stating the amount owed ,correct name and address,however the telephone number is wrong,bill date is 8/03/2016 bill no TT 0362075371 there is nothing there which resembles it being from talk talk,plain paper black n white paper..they now want me to contact them to seee if i need to dispute this or seek legal advice...if you can help with this or confirm its a typing error on telephone number please let me know...thanks

taragaz

TalkTalk wrote: »

Hi Taragaz,

We'd like to get this looked into for you, and get you the information you need as soon as possible. Can you contact my team on Twitter @TalkTalk, quoting your account number, so we can get this sorted for you please?

Thanks,

Mike
TalkTalk Social Team

ps...the address given i wasnt living there by then

taragaz

taragaz wrote: »

ps...the address given i wasnt living there by then

hi mike..as i said before i dont use twitter,the information is there in posts above..

WhenIam64

@taragaz

Rather than you doing all the work, get them to do it. Send a Subject Access Request for the number they claim is yours. If they come back and refuse as "it is not yours" then you have evidence it is not your problem.

If they send it and the paperwork is not yours, then they have broken the Data Protection Act and whoever's data they have sent, can sue.

If they send it and you see that it is yours and you are liable, then you can make an offer to avoid court costs.

https://community.talktalk.co.uk/t5/Articles/Access-information-we-hold-on-you/ta-p/2204726

It's all about have evidence in court, so get them to provide it for you rather than argue about it / chase them up via Twitter. Sometimes these large companies are not very clever about finding simple solutions so let them run up their costs.

taragaz

WhenIam64 wrote: »

@taragaz

Rather than you doing all the work, get them to do it. Send a Subject Access Request for the number they claim is yours. If they come back and refuse as "it is not yours" then you have evidence it is not your problem.

If they send it and the paperwork is not yours, then they have broken the Data Protection Act and whoever's data they have sent, can sue.

If they send it and you see that it is yours and you are liable, then you can make an offer to avoid court costs.

https://community.talktalk.co.uk/t5/Articles/Access-information-we-hold-on-you/ta-p/2204726

It's all about have evidence in court, so get them to provide it for you rather than argue about it / chase them up via Twitter. Sometimes these large companies are not very clever about finding simple solutions so let them run up their costs.

evening..whenami64,today isent a recorded letter to lowell solicitors today,stating you have my adress right,however the number you have stated and date was wrong,as i wasn't at the adress.into which lowell state the default happened.i have asked lowell to reply back to make sure this is their correct information...so when they do reply back,after looking at your post can you help with the structure of letter.my patience is running out with these people and i feel like telling them to take me to court and sort it there..thanks

WhenIam64

Perhaps I can break this down for you in stages so you are clearer about what Lowell do

i feel like telling them to take me to court

Lowell do court almost every day. It is no big deal for them but can be upsetting for those with a claim - and attend court. Less than 10 in 100 actually take navigate the paperwork from claim to hearing. And of those 10, only 1 actually turns up to defend. So if a claim is made, it is 99% likely Lowell will not have to do anything. You can check the daily court listings here

and sort it there..

If you intend to be the 1 in 100 that actually gets there, the judge wants paperwork so he can decide on the facts. Lowell have the paperwork (or most of it) but you don't. So immediately you will be at a disadvantage unless you do the Subject Access Request suggested above.

There is a template letter to ask for your information on the Information Commissioner's website here.

https://ico.org.uk/your-data-matters/your-right-to-get-copies-of-your-data/preparing-and-submitting-your-subject-access-request/

If you need help in preparing a request, go and see someone like Citizens Advice or another support charity. You can also throw in to the mix the way that TalkTalk try to force you to use Twitter when they could easily have started sorting this on MSE with Direct Message.