Name of the Claimant Lowell Portfolio ltd

Date of issue – 11 September 2017

What is the claim for –

Particulars of claim

1) The Defendant entered into an agreement with EE Limited (formerly T-Mobile UK Ltd) under account reference 12345678

(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 30/09/2014 and notice given to the defendant

4) Despite repeated requests for payment, the sum of £308.58 remains due and outstanding.

and the Claimant claims

a) The said sum of £308.58

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 £0.068, but limited to one year being £24.69

c) Costs

What is the value of the claim? £418.27

Is the claim for - a mobile phone account

When did you enter into the original agreement before or after:Not sure of date but think after that date.

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 aware.

Did you receive a Default Notice from the original creditor? No

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Why did you cease payments? Financial difficulties

What was the date of your last payment? Think it was in 2012 but not sure.

Was there a dispute with the original creditor that remains unresolved? No

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management? No

You very kindly helped me sort out a claim from Hoist/Barclaycard last year which ended up stayed. This is another one my that has come for my girlfriend this morning and I am trying to sort it out for her.

I have already sent an AOS via MCOL for this claim as I did in the previous claim. What is the next step, is it different as it's a mobile phone debt rather than Barclaycard?

Thanks for any help you can give!

can we have the full particulars please.

go get her to ring EE and ask last payment date

dx

No CCA on this one if its a mobile debt... .

You need to get info and also check how much of this is ETFs. We can help defend.

What further info do you need?

She can't ring EE at the moment as she is at work,

she can try over the weekend or on Monday.

When I talked to her on the phone earlier she said she might be able to find the last payment to them on her bank statements

do we also need to confirm directly with EE as to what they say?

What are ETFs?

Early Termination Fees - The remainder of the contract....

Any document proving last payment will do

EE are open 24/7 so she can ring anytime

Get that info

Could be very important!!!

Need the verbatim particulars of claim text too please!!

She's been on the phone to EE today.

They won't tell her anything about the account because she can't remember the password she had on the account or the exact model of phone it related to.

They told her she one chance to get them right.

She had one go at each and then they said they could not reveal anything to her.

They are saying data protection is triggered and won't reveal anything about the account.

Any suggestions about how to get the information from EE would be gratefully received!

After that she and I went over her bank statements online and find the last payment was for £27.88 on 27th of June 2012.

It was a card payment which we think was to cover a missed direct debit.

There are no further payments to T Mobile after that.

ok so not statute barred

can you type out the full particulars of the claim from the claimform box.

not just that abridge version above.

dx

I did that in the original post.

Did I miss something out?

is that all of IT?

seems a bit brief for lowells though they might be following restons lead

Just double checked, I did include everything from the Particulars of Claim on the Claimform above, so that is all of it. What is my next move, I've done the AOS on MCOL as I mentioned above.

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

dx

Already done the AOS on MCOL.

With regards to the CCA request. Which section do I refer to in the letter ( s.77/78/79) . I notice that in the post below it states that

"Fixed loans are section 77

credit cards and catalogues are section 78

HP agreements are section 79"

Which one would refer to mobile phone contracts?

Thanks.

None..they dont apply to mobile contracts.

I may be being stupid here but if they don't apply to mobile contracts how do I word the CCA Request letter? The start of it refers to those sections.

It was my mistake in uploading the wrong response file

Ignore CCA

Use CPR only

CPR posted to Lowells Solicitors yesterday by Royal Mail Signed For.

She has had a letter from Lowell Solicitors this morning in reply to the CPR letter I sent on the 22nd Sept.

Letter on Lowell headed paper reads as follows:

We confirm receipt of your letter dated 21 September 2017.

Please find enclosed a copy of the Notice of Assignment originally sent to you by our client.

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 of Default Notice.

We note you have returned the Acknowledgement of Service.

This provides 28 days from the service date of the claim,

in case being 18th of September for you to file your response.

Please ensure you respond the claim within the specified time frame as failure to do so may result in County Court Judgement (CCJ) in Default being entered, incurring costs.

There is another line about contact details to speak them, but I shan't be doing that.

They have enclosed:

An assignment letter purporting to be from EE to Lowell Portfolio printed on plain un-headed paper assigning the dedt to Lowell dated 9th October 2014

A letter from Lowell dated 9 October 2014 saying the debt was assigned to them and various options to pay it. This is also on plain paper.

What's the next move?

Your defence......the above means diddly squat

Ok I'll post up a proposed defence tomorrow.

Here is my proposed defence, culled from some other similar threads. Slightly unsure about section 2 as I have mentioned a default notice but they didn't bring up the default notice in their claim, I did ask for one in the CPR though and they have replied they didn't have to send it as stated in the letter quoted above.

Particulars of Claim

1) The Defendant entered into an agreement with EE ( formerly T-Mobile UK Ltd) under the account reference xxxxxxxxx (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 30/09/2014 and notice given to the defendant

4) Despite repeated requests for payment the sum of £308.58 remains due and outstanding

And the claimant claims

a) The said sum £308.58

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 £0.068 but limited to one year being £24.69

c) Costs

1. Paragraph 1 is accepted. I have, in the past, entered into a contract with EE Limited , 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 they are not obligated to do so by virtue of the consumer credit Act 1974. To date, no statement of the alleged account has been received.

2. Paragraph 2 is noted, again I do not recall any breach and I have never received a 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.

3. Paragraph 3 is denied. I do not recall having received a Notice of Assignment, as stated by the Claimant. They have sent an alleged copy dated 9th Oct 2014 from my cpr31.14 request. this is the first time i have seen this letter

4. 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 Judgment 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 and evidence the nature of the breach and service of the Default Notice,

(d) 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

Don't forget the generic top sentence re vague/generic poc

Sorry missed that one, amended as follows:

Particulars of Claim

1) The Defendant entered into an agreement with EE ( formerly T-Mobile UK Ltd) under the account reference xxxxxxxxx (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 30/09/2014 and notice given to the defendant

4) Despite repeated requests for payment the sum of £308.58 remains due and outstanding

And the claimant claims

a) The said sum £308.58

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 £0.068 but limited to one year being £24.69

c) Costs

The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r16.5 (3) in relation to any particular allegation to which a specific response has not been made.

1. Paragraph 1 is accepted. I have, in the past, entered into a contract with EE Limited , 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 they are not obligated to do so by virtue of the consumer credit Act 1974. To date, no statement of the alleged account has been received.

2. Paragraph 2 is noted, again I do not recall any breach and I have never received a 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.

3. Paragraph 3 is denied. I do not recall having received a Notice of Assignment, as stated by the Claimant. They have sent an alleged copy dated 9th Oct 2014 from my cpr31.14 request. this is the first time i have seen this letter

4. 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 Judgment 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 and evidence the nature of the breach and service of the Default Notice,

(d) 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

Paragraph 1 is accepted. I have, in the past, entered into a contract with EE Limited

Should be " Paragraph 1 is accepted. I have, in the past had a financial relationship with EE Limited

Paragraph 1 is accepted. I have, in the past, entered into a contract with EE Limited

 

Should be " Paragraph 1 is accepted. I have, in the past had a financial relationship with EE Limited

I've added that to the defense, so with that change we are good to go?