Overdales Solicitors / Lowells

LisaG1_07

Any advice on what I can do in this situation please.

I noticed I had a default placed on my credit record from Lowells, after I put in a dispute to the credit reference agency, I started getting letters from Lowells about a debt they say I owe.
About a month ago I had court papers from Overdales Solicitors. I've put in a defence to the court asking for proof that I owe the debt in question.
So far from Overdales, I've received a copy of the Directions Questionnaire which they say has been sent to the court and another letter that states,

The information our client has been provided from EE Ltd under the brand T Mobile shows an Agreement which started on 26th June 2018. The account defaulted on 5th August 2019. The last payment made towards the account was on 12 December 2018, for the sum of £41.76.
The handset linked to the account was an RIM 9360 Curve, with mobile number ending 17730.
In your defence you have requested a copy of the signed consumer credit agreement for the claim. The agreement for credit is not regulated by the consumer credit act 1974. The original agreements are not exhibited because
a) The claimant does not have access to a copy,
b) A copy will have been provided to the defendant at the outset of the EE ltd agreement; and
c) There is no legislation requiring the Assignor to retain a copy of the original EE ltd agreement.

and the letter goes on.
After receiving this letter, I now know, that I DO NOT owe this debt because I have never owned a RIM 9360 Curve, which after googling, I see it's a Blackberry phone. I have never owned a Blackberry phone, nor have I had mobile number ending in 17730.

So, any advice on how to deal with this problem and how do I prove that I have never owned the RIM Curve.

fatbelly

You need to amend your defence.

There would never have been a consumer credit agreement on a mobile phone debt so anything referring to that needs to go.

Have you completed your Directions Questionnaire and sent it to the court?

You might want to ask for help on 

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

though you are a long way into the process now.

LisaG1_07

The only form I have filled in is my defence to the court to say this is not my debt and I require proof to see if I owe this debt.
I haven't completed any Directions Questionnaire because I haven't been sent any forms to fill in, the only form I have received related to Directions Questionnaire was Overdales copy.