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Hadituptohere

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Everything posted by Hadituptohere

  1. Shame but thanks Andyorch and everyone for the advise.. appreciated muchly.. Hadituptohere
  2. Thank you everyone for your help .. still got lowlifes sending me letters for two further O2 accounts.. sure there's more to come Hadituotohere
  3. I've been into the local County Court and requested as advised as strike out under CPR 3.3, unfortunately there's now no office to had documents to but left in the mailing box for Monday, returned home to a letter from lowlifes asvisong their Client has instructed to discontinue this claim along with the Notice of Discontinuation to the Court dates the 11th May 2019 .. Hadituptohere
  4. Thank you for the advise I'll get that done tomorrow and hand a copy to the court, should i send a copy to the claimant too? (And my copy) Haditupthere
  5. So it's a case of me contacting lowlifes to see when their particulars of claim are going to be sent as advised by the clerk? Hadituptohere
  6. Can't recall it saying that but I wasn't allowed until they 15th for an amended defence.. they parcwl wasn't even for my address so it's not paperwork from lowlifes.. I typed the order word for word in the above posts.. hadituptohere
  7. Just got back home and Theres been a parcel attempt deliver .. not expecting anything so guess it's from lowlifes... do i have to request/apply for a strike out?
  8. It was just what the courts have told me over the phone by the clerk.. the first clerk told me they had wrote to the courts asking for more time collecting the information, this morning they had contactes the courts saying they hadn't recieved the court order ???? Hadituptohere
  9. The day has passed that I wouldn't have needed to send an amended defence.. just contacted the court and they have received a letter from lowlifes saying they never received the court order, the court have sent them a copy of the court order on the 7th May.. been told to contact lowlives And ask when they will have the correct particulars of claim ????? What the heck?? Hadituptohere
  10. well Lowlifes had until the 24th April to submit Particulars of Claim that fully comply with CPR16.4 and CPRPD16 and nothing, ive just rang the local County Court inquiring if they have received anything, ive been told nothing received but lowlives have been on the phone saying there collecting the information and it will be forwarded.. I have until the 15th May to submit a further/amended defense, I asked if i would be given an extension to that date and was told by the clerk 'at the Judges discretion' ?? How can this be allowed?? Hadituptohere
  11. Hi everyone... After a long wait for mediation that couldn't move forwards as there wasn't sufficient information regarding the claim ive received the following from the courts today... upon considering the court file IT IS ORDERED THAT 1) By xx time xx April 2019 the Claimant shall send the court and to the Defendant further Particulars of Claim which fully comply with CPR16.4 and CPRPD16 and set out in the detail the claim against the Defendant to include when the agreement was entered into, the original parties to the agreement and any subsequent variation/assignment, when notice of any variation/assignment was given, the nature/key terms of the agreement, when any default/termination notice was served and showing how the debt has accrued resulting in the sum now claimed. Ant documents required by CPR PD16 should be attached. 2) By xxpm xxMay 2019 the defendant, if so advised, has the permission to send to the court and to the Claimant a further/amended defense to the claim. 3)Because this order has been made by the court without considering representations from the parties , any party may apply to have the order set aside, varied or stayed. A party wishing to make such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within 7 days of service of this order. Sit Back and await what Lowells can or cant produce .. Hadituptohere
  12. Hi, Received my N180 from the courts last week, it has to be returned by the 30th Jan... I've held off completing it, had no response from my CCA request or my CPR 31:14 which was signed for by both solicitors and Claimant 10th Dec.. I take it NO to mediation as ive not had the information regarding the claim made? hadituptohere
  13. thankyou dx... a little rusty since Cabot days.. appreciate the help Merry Christmas everybody. Hadituptohere
  14. Today received Directions Questionnaire in the post, Lowells looking for settlement/Mediation... From what i can remember Ive to fill out my own N180, how long do I have to do this? with christmas and New year? Love the 'we recommend that you obtain independant legal advice in order to fully understand your rights' As for mediation no documentation, no case... cant see that being a long conversation... Hadituptohere
  15. Im embarrassed at their POC's .. Thank you difficulties of dealing with anxiety and depression and fighting Kensington hadituptohere
  16. 1 The Defendant entered into an agreement for a O2 refresh account (the Account) with Telefonica UK ltd. This Agreement provided both a service for agreement for the provision of airtime , and a consumer credit Act 1974 regulated agreement for the provision of hardware. 2) in breach of the agreement , the defendant failed to maintain the required payments and the service agreement was Terminated, with sums outstanding in respect of the provision of both airtime and hardware. 3) the agreement was later assigned to the claimant on 31/08/2017 and notice given to the defendant. 4) despite repeated requests for payment the sums of 314.34 remains due and outstanding and the Claimant claims a) the said sum of 314.34 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 but limited to one year being £25.15 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 r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1 I cannot recall the specifics nor am I aware of any default notice or legal assignment the claimant refers to within its particulars of claim and I have no knowledge of who the claimant is nor have I been provided with any Notice of Assignment pursuant to the Law of Property Act 1925. 2. It is denied that any amounts are due under any contractual agreement. On receipt of this claim I requested information pertaining to this claim from the Claimants Solicitors by way of a CPR 31:14 request sent via 1st class recorded post on 05/11/2018. Further to the above I sent Lowell Portfolio I LTD a section 78 request via 1st class recorded post on 05/11/2018. To date, neither Lowell Solicitors nor Lowell Portfolio have supplied the requested information. Therefore 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; b) show and disclose how the Claimant has reached the amount claimed for; c) show how the agreement was legally terminated to allow the claimant relief. d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 3. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed. 4. On the alternative, if 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 and Section 82A of the consumer credit Act 1974.6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. hadituptohere
  17. when i say embarrassed defense i pointed out that no agreement, default notice, assignment or breakdown of how the alleged debt has become the figure claimed has been produced prior or at the point of claim... hadituptohere *NOT been produced prior hadituptohere
  18. sent the CPR31:14 to the Solicitors and the CCA request to the claimant being Lowell Portfolio I Ltd, submitted an embarrassed defense by MCOL for which I have received acknowledgment of from the County Court Business Center . 11 days later I received a letter from Lowell Solicitors dated the day after the acknowledgment from the courts that I have failed to respond to the court claim (conveniently) threatening what they will do if I dont respond by the 16th December... They must really have it in for me as they now claim to have purchased a further 2 O2 accounts Hadituptohere
  19. Particulars of claim: 10 The Defendant entered into an agreement for a O2 refresh account (the Account) with Telefonica UK ltd. This Agreement provided both a service for agreement for the provision of airtime , and a Consumer Credit Act 1974 regulated agreement for the provision of hardware. 2) in breach of the agreement , the defendant failed to maintain the required payments and the service agreement was Terminated, with sums outstanding in respect of the provision of both airtime and hardware. 3) the agreement was later assigned to the claimant on 31/08/2017 and notice given to the defendant. 4) despite repeated requests for payment the sums of 314.34 remains due and outstanding and the Claimant claims a) the said sum of 314.34 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 but limited to one year being £25.15 c) Costs I spoke to lowells the last time they issued in court and withdrew regarding a provident loan, they mentioned one account then all these other alleged accounts thats were i said there are no other accounts without proof of credit agreements, havent spoken to them since Hadituptohere
  20. Particulars of claim: 10 The Defendant entered into an agreement for a O2 refresh account (the Account) with Telefonica UK ltd. This Agreement provided both a service for agreement for the provision of airtime , and a Consumer Credit Act 1974 regulated agreement for the provision of hardware. 2) in breach of the agreement , the defendant failed to maintain the required payments and the service agreement was Terminated, with sums outstanding in respect of the provision of both airtime and hardware. 3) the agreement was later assigned to the claimant on 31/08/2017 and notice given to the defendant. 4) despite repeated requests for payment the sums of 314.34 remains due and outstanding and the Claimant claims a) the said sum of 314.34 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 but limited to one year being £25.15 c) Costs I spoke to lowells the last time they issued in court and withdrew regarding a provident loan, they mentioned one account then all these other alleged accounts thats were i said there are no other accounts without proof of credit agreements, havent spoken to them since Hadituptohere
  21. Name of the Claimant ?......... Lowell Portfolio I LTD Date of issue – 13 Nov 2018 Particulars of Claim What is the claim for – 1 The Defendant entered into an agreement for a O2 refresh account (the Account) with Telefonica UK ltd. This Agreement provided both a service for agreement for the provision of airtime , and a consumer credit Act 1974 regulated agreement for the provision of hardware. 2) in breach of the agreement , the defendant failed to maintain the required payments and the service agreement was Terminated, with sums outstanding in respect of the provision of both airtime and hardware. 3) the agreement was later assigned to the claimant on 31/08/2017 and notice given to the defendant. 4) despite repeated requests for payment the sums of 314.34 remains due and outstanding and the Claimant claims a) the said sum of 314.34 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 but limited to one year being £25.15 c) Costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?.......... yes but for £388.23 What is the total value of the claim?...339.49 +35 court fee +50.00 Legal Costs Total 424.49 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?.. POC’S state Mobile airtime and Phone hardware When did you enter into the original agreement before or after April 2007 ? .... No checking my noodle default date 14/05/17 for 305.00 Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? yes noodle as above 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... lowlifes Were you aware the account had been assigned – did you receive a Notice of Assignment? Had numerous letters cant remember receiving assignment Did you receive a Default Notice from the original creditor?... Cant remember Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? yes Why did you cease payments?...fell on hard times What was the date of your last payment?...according to noodle oct 2017 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 plan? ...spoke on the phone but told them no agreement no account with them 2 Dec 2018, 12_17_36 pm notice s i a.pdf
  22. lowells have been sending paperwork regarding several alleged accounts, they have actually made claim in Northampton bulk center, the figures dont add up, checked my noodle account and cant find the account to the value they have claimed, even the two photocopies of evidence they have sent state more than they are claiming.. ive acknowledged through MCOL but struggling for what to request under CPR31.14? here are their POC'S.... any help really appreciated hadituptohere 2 Dec 2018, 11_50_15 am lowlife poc .pdf
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