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Lowell County Claimform - old BT mobile debt


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Thread moved to Financial Legal Issues....please continue to post here to your thread.

 

Whats the problem...are you acknowledging service ?

 

 

Andy

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I think my post disappeared whilst edited it.

Im trying to respond to a moneyclaim online from lowells for a bt debt (remainder of a broadband /phone contract)for my son when he was living at a previous address.

 

The debt was for £400 but they are claiming over £500 now.

Is there any way to admit the claim for the £400 but not the extra £130 and do this without having to attend court.

 

The online process is getting me confused .

I know i have to acknowledge service which is over 5 pages but on page 3 it gives two options defend all of claim or part of claim. I thought the acknowledgement was just to say you have received the claim.

 

 

My son has an autistic spectrum disorder and is in his early 30`s. He cant handle money very well at all and he doesnt seem to understand that if he borrows money etc... it has to be paid back.

Any help appreciated.

Thanks

 

Yes acknowledging service but unsure when looking at screen what to do???

I really dont want to have to attend court but would rather admit to the original debt of £400 and offer them £5 a month or ?? But also like to say something about my sons condition without having to go to court.

 

He has amassed about 2-3k worth of debt and we were going t go to the cab and get his debts sorted but this court claim appeared the other day ,he has a habit of putting anything in the bin and ignoring everything.

Edited by dx100uk
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" I know i have to acknowledge service which is over 5 pages but on page 3 it gives two options defend all of claim or part of claim. I thought the acknowledgement was just to say you have received the claim."

 

You also have to submit your plea...hope your defending all....then exit.

 

If we could read the following link and then copy and paste the Q,s and your responses back here so we have all the details of the debt and claim in one post...then we can advise you on how you should be dealing with the claim.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2018**

 

Andy

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Prob not

Get the link done!!

 

Thread title ameded

Edited by Andyorch
addition

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Possibly...depends if they wish to proceed to trial...90% of this type of claim dont if you defend in full...they discontinue the claim.

 

If you dont defend they get a default judgment for the full amount.....so defending can open the door to mediation or F&FS without trial.

 

If you tell us a little about the debt then we can advise the best course of action.

We could do with some help from you.

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Means nothing without the history of the debt ....please just complete the link I have provided

We could do with some help from you.

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Date of issue 1st June 2018

 

Name of the Claimant ? lowells portfolio 1 ltd

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? probably ,my sons probably binned it!

 

What is the total value of the claim? £530.52

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? fibre broadband /phone contract

 

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

 

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 collector - lowells

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? most likely but again sons probably binned it. Though may have gone to previous address??

 

Did you receive a Default Notice from the original creditor? probably but again either binned or gone to previous address.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? i dont know

 

 

Why did you cease payments? he moved house and no longer needed the service but under 12- 18 month contract.

 

What was the date of your last payment? according to his credit report on clearscore ,it shows under closed accounts as lowell ,last payment July 2015 ,account opened 17th june 2014. It shows he made 12 payments and missed two payments in Jan-Feb 2015

 

Was there a dispute with the original creditor that remains unresolved? dont know

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? knowing my son , probably not!

 

This is the only thing from lowells ive got which is dated 5 days after the date of the claim which is the 1st june

 

1st june 2018

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So if you wish to defend all of the claim....which I advise you do...then now send a CPR 31.14 request (go back to my link).

 

Acknowledge service and enter your plea...you have 19 days from and including 1st June to action this. (deadline 19th June)

 

You then have a further 14 days to submit a defence...33 days in total.

 

There are 100s of examples of of similar defences used in the past with success in the Legal Success Forum.

 

Your defence date will be 3rd July by 4.00pm.

 

 

Andy

We could do with some help from you.

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But does that mean having to attend court??

 

Not if your so terrified of doing so...for what reason im unsure...you can defend in absence by submitting the appropriate notice.

We could do with some help from you.

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We recently lost our daughter ,i may have mentioned in a previous topic a month or two back so i could really do without the hassle at the moment but if i can do the defence thing and avoid court i would be up for it.

 

As i feel if the judge read the mitigating circumstances of how my sons disorder leads him into debts/agreements without him comprehending the consequences of signing up for these agreements.

 

 

On looking at his credit file ,since his sister died he appears to have taken out several payday loan accounts etc ...... which i knew nothing about until this week. £ are with the same company called Elevate???

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You dont need mitigating circumstances

The dca couldn't careless about that

 

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.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Sorry to hear that T&W my deepest condolences to your family.

 

It wont come to that...and unfortunately it wont be taken into consideration...its simply about the debt and you will use the standard defence that we advise.

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Yeah i know dca couldnt care less.

He was only in the flat where he took out the bt contract for a few months and i assume the claim is for all the remaining months costs of the service .

 

When our daughter died plusnet tried the same with my wife ,who had to get a contract outon her behalf but undermy wifes name, as my daughter had a stroke and could barely read /write or speak.

 

On complaining about the circumstances plusnet dropped the remaining 10 months fees and closed the account.

 

Thankyou,

 

So do i go through the online acknowledgement of service and tick the defend the whole claim bit.

 

And then send lowells a request for the CCA agreement??? (is that what you mean or something else. ) I can understand this as i havent got any access to any original bt agreement details.

 

Also am i allowed to fill the money claim in on my sons behalf as he would be unable to do this himself? He has gave me his permission to do this verbally.

 

This is where i am now

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Here is a n easy to understand guide

 

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 start 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 CPR 31:14 request running to the solicitors

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Dont tick...its not applicable to you

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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No....unless you reside out of the UK

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Fill it in as your son

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

I should say that i am logged into moneyclaim using my sons details

 

There is no other way.....you shouldnt be completing it anyway...but needs must.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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