sillygirl1
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Posts posted by sillygirl1
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How very naughty of them!
I will continue to ignore til I get court paperwork and make them discontinue again.
I wonder if this is another try at the one they chased last year. If it is I will cite the other case at them and run their complaints procedure.
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After a year or soof being chased by Lowells for an old mobile phone debt made up of service chsrges for cancelling its now gone to BPO who have been told to go forth.
Should this get to court I know what to do, inuding afd that its now on its secind round with another toothless DCA.
Alleged debt has only shown once on my credit report when Lowlifes added it, I complained and it was removed following month.
Let the games begin!
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Success! Received a Notice of Discontinuance (in fact 2 identical ones) in the post this morning from Lowells Solicitors!
Should they dare to try again I will cross refer to the original case.
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I knew they were hoping I would panic. Can’t get into the record on the court system but I think it is stayed,.
Following their defence layout seemed logical, Indid point out they were not the original creditors, the talk talk debt was a cock up on their side and the eon one was similar and they were also chasing a bill dated three weeks after I left the property and dated another three months ahead. All this was on the defence.
Ive told them no more phone calls and blocked the number they were calling on.
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After a long silence had a phone call from Lucas Credit aka Lowlife solicitors today. Confidently passed security and told them debts wouldn’t hold up against my evidence (defence sent in followed theirs exactly, refuting all allegations).
Was told statute barring began after last acknowledgement and corrected her on that point.
They trotted out the payment dates, Eon payment of Nov 13 she insisted wasn’t statute barred and I pointed out it would have been had they not started court action.
Kept my cool and said I would see them in court with pleasure when they said they were proceeding with court action.
Will let you know what turns up next. -
Defence sent by email to court. Used the original defence and added the bit about no agreements available and they are a debt purchaser to all three parts, the pics are still generic.
Will keep you posted.
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Thanks, I will add the bit about no agreements to each bit on my origonal defence and email it to the court this evening.
Wont do a fuller one just yet as you advise.
Fingers crossed!
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Thanks, I will use that then and add that they have no agreements and suffered no loss at the end of each account section.
I am going to ring the court and find out when it needs to be in.
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Amended defence, trying to krep it as brief as possible.
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The eon bill is clearly an estimated bill sent a couple of weeks after moved and estimated to Nobember 14.
The order stated Lowellshad til the 10th Feb to provide docs and ten days after that date I had to do my amended defence. So I have a few more days.
I did send the bills in the original pdf I posted.
As I dont have to provide the council tax doc and lease I can just extend myy origonal defence with the bits stating the had no agreement.
I am bery busu at wotk today but will get amended defence up at lunchtime.
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You are way behind, original defence went and the pdf posted above from Lowell’s was received last week.
Rough draft was just stating facts below and a bit about me being in rented accommodation with no assets.
I am now going it alone as Lowell’s have no case against me, I wasn’t in the property when the bill for account 2 was done and account 1 I has no agreement and is full of charges but no usage.
My defence is going in tomorrow with lease and council tax bill as proof I wasn’t resident at time of bill (24 May to end Nov 14)
All I really needed was an update of the process, I assume I can file my defence online and send a copy to Lowell’s.
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Can I please have some guidance!
Amended defence help needed as deadline is Friday.
So far I have pointed out that as they havent got an agreement they have no right to claim redresd
Account shows no usage and therefore is all charges.
Account dates contradict dates in Eon claim again providing evidence I resided elsewhere.
Help needed please!
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Here is the scan of the Talk Talk bit, clearly the account wasn’t used.
I can easily handle the Eon bit as the dates were long after I moved, I have lease and council tax bill as evidence which they have had previously.
The Talk talk debt is for a failed installation of a broadband line. Ive never had a landline since I lived here!
The Eon debt is easily dealt with as I have lease and council tax to prove residency.
Is this any help
Some bits are in an old diary and there may be old paperwork.The electric bill is dead in the water as I can easily legally prove I was not resident at the property and they knew it.
Again I feel a short defence denying my liability for both bills is needed.
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I’m planning a rough draft on Friday as I have the afternoon clear, will state that the fact that no call were made on phone proves I did not have it, and evidence provided proves electric bill was not my responsibility (they had this when I was first chased ages ago)
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Came home to a wad of paperwork from Lowell’s, will scan it up, front page is their standard letter which states
We refer to the matter at the side of the page.
Please find enclosed a further and better particulars of Claim in compliance with the General Form of Judgment or order of District Judge xxx
Our client is keen to resolve the matter and would be willing to make any reasonable settlement proposal from you.
If you are unsure of anything please seek your own independent legal advice through the Citizens Advice Bureau or a paid solicitor of your own choosing.
Quick look through and electric is an estimated final bill for a period AFTER I moved out - I have the lease from my current flat to prove this,!
Telephone bill has no call charges on it and clearly is all charges so again I can prove it isn’t mine, never was used and therefore dud.
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Thanks, I think having such a clearly stated defence in the first place reslly helped.
Hopefully Lowells will comply, if not I assume it will be stayed?
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Firstly it is a N24 General Form of Judgment or Order
It is ordered that
1. Claimant shall by xxx file and serve further and better particulars exhibiting any agreements, assignments and notices of assignment relied upon.
2 Defendant shall within 14 days of service of Claimants amended particulars of Claim file and serve an amended Defence responding in full to the amended particulars of claim.
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I sent the defence to the courts and Lowells, had a notice of allocation which I said no to mediation and the court o be Croydon, that was just before Xmas then this notice arrived Friday.
Nothing from Lowells.
If I get their docs I have to do a defence.
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Update, Lowell’s have to enter a better defence and show all assignments, agreements and copies of notices of assignment by mid Feb.
10 days after that I have to do amended defence. Got a draft one ready I pinched from here.
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Still nothing from the court. Not going to phone Lowells, bet that is what they want.
Will log onto court website later (if I can) and see if status has changed there.
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On 05/10/2019 at 10:23, dx100uk said:
You mean the n180 from the fleecers not your blank one from the court
Yes... they are playing games.
If I dont get a blank one what should I do?
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Brief update. A while ago received notification that defence had been submitted and now have received a Directions Questionairre asking for mediation.
Lowells remain happy to discuss any aspect should I wish to contact them.
ie Lowells wish to get me to pay up before mediation.
I gather it is just a waiting game now?
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Many thanks!
Will get this in tonight.
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This is taken from one of the Lowell threads and amended
Particulars of claim for reference only
1) The Claim comprises the following Agreements the Defendant entered into:
a. Talk Talk Telecom Group plc with ref xxxxx current balance £120.87
b. E.on Energy Solutions Ltd with ref of xxxx and current balance of £1141.65
2)The Agreements were terminated as payments were not maintained and subsequently assigned to the Claimant.
And the Claimant claims:
a) total of thensaid sums being £1262.52
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 being £101.00
c) Costs
Defence
1.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 r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.
The claimant has placed two unrelated bills from two different companies and therefore their claim is misleading.
2. 1a Is denied.The first unsubstantiated claim is for a closed mobile phone/broadband account. It was closed due to Talk Talk’s well publicised data breaches. The defendant was assured they could leave with no penalty, yet a penalty was applied and a further data breach occurred when this was passed to debt collectors.The defendant has repeatedly requested documentation on this and has not been supplied with any proof the claimants are due relief as stated in their poorly particularised claim
3. 1b is denied. The claimant further claims the amount of xxx in respect to a long disputed alleged debt with eon energy suppliers. The defendant had been incorrectly placed on a very high tariff with the company in 2012 despite being a low energy user and had continually had problems with back billing and estimated readings. The defendant made a part payment to eon in 2013 to attempt a resolution but eon failed to keep their agreement. They removed a faulty meter and destroyed it before checking it and again refused to clear charges on the account relating to a period when the defendant was not living at the property in question. The defendant changed suppliers in early 2014.
The defendant moved in 2015 and had received no annual statement or requests from EON until June 2019 when the claimant was/s assigned the alleged debt.
3.Furthermore, the claimant has given no details as to the breakdown of their claim what dates it relates to ,so I am unable to defend specifically until the claimant can particularise and quantify its pleadings.
4. The claimant openly admits that they do not have access to the agreement nor was the Assignor required to retain a copy.Therefore their claim is unsubstantiated. Pursuant to the civil procedure rules Practice Direction 16 (7.3) Where a claim is based upon a written agreement:-
(1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing.
With the court’s permission the Claimant is put to strict proof to:-
a) show and disclose how the Defendant has entered into an agreement/s;
b) show and disclose how the Claimant has reached the amount claimed ;
c) show how the Claimant has the legal right, either under statute or equity to issue a claim;
5. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the monies are owed.
6. It is therefore denied that the defendant is indebted to the claimant as alleged or at all.
Can I have sime advice in the above, I know it doesnt have to be in til Fridaybut I am manically busy this week and want it done by tomorrow night.
BPO Collections (was Lowells) - old mobile debt
in Telecoms - mobile or fixed
Posted
Second mesage received just now. Will bl9ck them as Ive told them where to go.