Dealing with Lowell - Service Agreement issues

Dealing with Lowell - Service Agreement issues

Postby rhebogue02 » Mon Sep 26, 2016 8:14 am

Hi Guys / Girls,
A couple of weeks back I got a letter from Lowell saying that I owe them £425.05 due to a Vodafone account back in 2014. This was news to me as I have been with Giffgaff since arriving in U.K from Ireland. I signed up to checkmyfile and there it was. A big fat default? I'm very upset by this as I have only just been in the country for 3 years which is the point when banks creditcard companies will start to look at you for loans / over drafts etc. I sent them a letter requesting a copy the original agreement, deed of assignment etc. using the format from viewtopic.php?f=29&t=3031 which was kindly provided by the original poster.
Lowell were very prompt in their response (received within the same week of posting my request) Please see the attached response I have received. They are stating that they do not have to provide a signed agreement as stated under the consumer Credit Act 1974? Is this correct? Can lowell just say I owe them money and not prove that there is a signed contract?

Any help with this matter would be greatly appreciated. And advice in how to respond?
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Re: Dealing with Lowell - Service Agreement issues

Postby sl23 » Tue Jul 11, 2017 5:57 pm

Hi, I have a similar issue with Lowell. Now they are taking it to the Northampton County Court Business Centre.
I replied to the NCCBC with a reply stating that Lowell haven't supplied proof of claim after they had received letter (Notice) number 1 of the GetOutOfDebtFree's 3 letter (Notice) process.
Lowell replied stating they do not recognise the fee schedule or that the Notice that had been received was a Notice!

I replied with letter (Notice) number 2 and have received a letter from NCCBC requested a form be filled out for mediation. The deadline for my reply to reach them is 25th July 2017.
I have some ideas for my reply ready and am formulating it now.
Should I go to mediation, allow it to go straight to court or use my reply to counter the argument that Lowell have still not fulfilled my requests to prove the existence of the debt, despite repeated requests to do so.
They claim they aren't obliged to do this, but that would mean anyone could make claims against someone without proof and they'd be obliged to pay!!!

Thank you for your replies in advance.

Scott
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Re: Dealing with Lowell - Service Agreement issues

Postby iamani » Tue Jul 11, 2017 8:14 pm

Hi sl23

Bit quiet round here at the moment Scott. If you don't get an answer you might have more luck on GOODF.FORUMOTION.COM
It's populated mainly by ex-GOODF avatars, and they are currently helping others like yourself.

Good(f) luck

Cheers!
law is all is love is all is law
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Re: Dealing with Lowell - Service Agreement issues

Postby sl23 » Thu Jul 13, 2017 9:46 pm

Thank you for the heads up, I'll give that a go, cheers iamani ;-)
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