Hi all

I am looking for some advice about a CCJ Claim for I have received in regards to a Lowell Account (Looking from it seems to be a lot of these at the moment)

In order for us to help you we require the following information:-

Name of the Claimant ? Lowell Portfolio 1 LTD

Date of issue – 17th Feb 2017 (on form)

What is the claim for – the reason they have issued the claim?

1) The Defendant entered into an agreement with 02 (uk) Ltd under account reference XXXXXXXXXX ('the agreement')

2) The defendant failed to maintain the required payments and the service was terminated.

3) The agreement was later assigned to the claimant on 21/12/2012 and notice was given to the defendant.

4) Despite repeated requests for payment the sum of £941.46 remains due and outstanding.

and the claimant claims

a) The said sum of £941.46

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of Issue, accruing at a daily rate of £0.206 but limited to one year being £75.32

c) costs

What is the value of the claim? £1016.78 plus costs

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? mobile debt

When did you enter into the original agreement before or after 2007? After 2007

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure but more then likely

Did you receive a Default Notice from the original creditor?

Not as far as I am aware but no paperwork to prove I didn't (moved since 2012 and no sign of paperwork)

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Again not sure

Why did you cease payments? Loss of employment and family break up

What was the date of your last payment? According to credit report May 2012 (Listed under Lowell not 02 tho I have only ever paid 02)

Was there a dispute with the original creditor that remains unresolved? Not as far as I remember

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management Not with Lowell I did try with 02

Also to add - the claim does have my surname wrong but only by one letter in the middle so could be a typo.

Any help I can get with this would be greatly appreciated Thank you all in advance.

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

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select respond to a claim and select the AOS box.

.

then using the details required from the claimform

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defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14 request running to the solicitors

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don't sign anything

.

dx

Cool Will get on this straight away - Thanks

Ok MCOL site all done and letter printed ready to go - will update when I have news Thanks again

whatever you do NOT miss your def filing date.

dx

Am I right in thinking it is 33 Days from the date on the form? I have sent the letter to Lowell so hopefully should be back well before then

well you don't want them to reply..think about it..

33 days whereby the date on the claimform is ONE in the count...

Lol thats true - hopefully hear nothing from them makes it a bit easer

Just had a response from Lowell

- they say

"As this account is a telecommunications account it is not regulated by the consumer credit act 1974 therefore the original creditor is not obliged to provide you with a copy of the agreement"

They have included a copy of The (o2 has sold your account to Lowell Portfolio 1 Ltd) and a copy of a letter which I assume is from o2 but has no obvious markings or branding, both from 2013 and both sent to my old address.

They go on to say they will wait 14 days for my response.

Any thoughts as to what I can do next?

Defence wise I have "borrowed" from another part of the site and adjusted it a bit - have I missed anything major?

1) The Defendant entered into an agreement with 02 (uk) Ltd under account reference XXXXXXXXXX ('the agreement')

2) The defendant failed to maintain the required payments and the service was terminated.

3) The agreement was later assigned to the claimant on 21/12/2012 and notice was given to the defendant.

4) Despite repeated requests for payment the sum of £941.46 remains due and outstanding.

and the claimant claims

a) The said sum of £941.46

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of Issue, accruing at a daily rate of £0.206 but limited to one year being £75.32

c) costs

Paragraph 1 is accepted. I have, in the past, entered into a contract with O2, however I do not recall the exact details, nor do I recall any outstanding balance. I have requested the claimant verify the exact details of this claim by way of a CPR 31.14. The claimant has refused to provide me with a copy of the agreement, stating he is not obligated to do so by virtue of the consumer credit Act 1974. To date, no statement of the alleged account has been received.

Paragraph 2 is noted, again I do not recall any breach and I have never received the stated Default Notice. The Claimant has stated, by letter, that he is not obligated to provide a copy of the Default Notice, again by virtue of the Consumer Credit Act 1974.

Paragraph 4 is denied in regards that the claimant is misleading the court in its pleadings and has never made contact or made requests prior to issuing this claim. Its sole purpose in purchasing this debt was to litigate and secure a county court Judgement and therefore Pre Action Protocol was never attempted and should be considered in deciding the outcome of their claim

Therefore the Claimant is to provide strict proof to:

(a) show how the Defendant has entered into a Agreement/ Contract; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

5. The Claimant has stated that he has made several requests for repayment, yet I do not acknowledge any debt to the Claimant.

6. As per Civil Procedure Rule 16.5(4), it is required that the Claimant prove the allegation that the money is owed.

7. As the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim, due to contraventions of Section 136 of the Law of Property Act.

8. Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly states that any Early Termination Charge, that is made up of the entire balance of the remaining contract, is unlikely to be fair, as it fails to take into account the fact that the provider no longer has to provide and pay for their service.

9. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed, or any relief.

If this scans ok will upload it to MCOL tonight and await the outcome

Also thanks again for all the help so far

I don't know if this will help you. http://www.o2.co.uk/help/safety-and-security/how-to-get-a-copy-of-the-information-we-store-about-you.

I would let Lowell know that you have requested a DPASAR. Lowell wont have this information so no good SARing them. O2 do have comply if you are using the DPA.

Will give it a go - thanks

I wouldn't bother with sar..

your defence is not due till/by 4pm the 21st

it needs work and I've inserted your POC to ease you.

Thats brilliant thank you - will have another look this evening when kids have gone to bed

And you have not made a response to their point 3.

3) The agreement was later assigned to the claimant on 21/12/2012 and notice was given to the defendant.

Andy

With point 3 I was not sure if I should/could include it

- they have supplied me with a copy of the assignment from 02 and their introduction letter (both without letterheads and both dated 10th Jan 2013)

- these were sent to an old address though.

Should this be included?

then they have.

looking to upload this tonight (serious family issue has delayed me looking at this till today)

- will post up shortly what I am looking to upload to mcol and hopefully this will work

- with point 3 as they have supplied a copy (albeit sent to a previous address) of the assignment does that mean my defence is dead in the water?

Every claim from Lowell for a Mobile phone debt is dead in the water...providing you defend and follow our advice.

I've just seen this and wondered what i should do as Lowell are asking me to pay an old bill for vodafone.

It was a phone I had for my daughter, and the charges were for after the contract ended.

(I didn't know it would carry on charging me after the term of the contract.)

I have not responded to any letters so far.

Sorry to hijack thread.

I've just seen this and wondered what i should do as Lowell are asking me to pay an old bill for vodafone.

 

 

It was a phone I had for my daughter, and the charges were for after the contract ended.

(I didn't know it would carry on charging me after the term of the contract.)

I have not responded to any letters so far.

 

Sorry to hijack thread.

start a new thread

please

Ok have tinkered a bit with this - I have added a answer as such to para 3 as they have provided a copy (albeit a bit rubbish) of the letter sent to my previous address which I do not recall ever receiving.

Paragraph 1 is accepted. I have, in the past, entered into a contract with O2, however I do not recall the exact details, nor do I recall any outstanding balance. I have requested the claimant verify the exact details of this claim by way of a CPR 31.14. The claimant has refused to provide me with a copy of the agreement, stating he is not obligated to do so by virtue of the consumer credit Act 1974. To date, no statement of the alleged account has been received.

Paragraph 2 is noted, again I do not recall any breach and I have never received the stated Default Notice. The Claimant has stated, by letter, that he is not obligated to provide a copy of the Default Notice, again by virtue of the Consumer Credit Act 1974.

Paragraph 3 is noted, however I do not recall receiving the original assignment of this debt to The Claimant. I have since the claim has been made, received a copy of a document, without letterheads, sent to my previous address.

Paragraph 4 is denied in regards that the claimant is misleading the court in its pleadings and has never made contact or made requests prior to issuing this claim. Its sole purpose in purchasing this debt was to litigate and secure a county court Judgement and therefore Pre Action Protocol was never attempted and should be considered in deciding the outcome of their claim

Therefore the Claimant is to provide strict proof to:

(a) show how the Defendant has entered into a Agreement/ Contract; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

5. The Claimant has stated that he has made several requests for repayment, yet I do not acknowledge any debt to the Claimant.

6. As per Civil Procedure Rule 16.5(4), it is required that the Claimant prove the allegation that the money is owed.

7. As the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim, due to contraventions of Section 136 of the Law of Property Act.

8. Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly states that any Early Termination Charge, that is made up of the entire balance of the remaining contract, is unlikely to be fair, as it fails to take into account the fact that the provider no longer has to provide and pay for their service.

9. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed, or any relief.

phone contracts are nothing to do with the consumer credit act.

they are not credit

So remove the reference to that act?

obviously

you need to use a mobile holding defence

100's here