Moneyclaim advice please- Lowell
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dlpfan2019
Forumite 90 posts
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
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
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Replies
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.
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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.
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.
The law is like an ocean - have a swim but don't drown.
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 ?
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.
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.
"I don`t trust Bankers, I don`t trust Banks, and I don`t trust you.........Private Frazer".
For free debt advice, contact either : Stepchange, National Debtline, CitizensAdviceBureaux.