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Blondmusic

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  1. Defence has now been filed online. Still no reply from Lowell.
  2. Name of the Claimant ? Lowell Portfolio I Limited Date of issue – 1st October 2019 - Friday 1st November for Defence. Particulars of Claim What is the claim for – the reason they have issued the claim? 1 - The Defendant entered into an agreement with sky uk limited under the account reference REF NUMBER ('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 23/04/19 and notice given to the Defendant. 4 - Despite repeated requests for payment, the sum of £xxx remains due and outstanding. And the Claimant claims a) The said sum of £xxx 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 £xxx but limited to one year, being £xxx c) Costs What is the total value of the claim? £254.05 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Sky Account When did you enter into the original agreement before or after April 2007 ? After Do you recall how you entered into the agreement...On line /In branch/By post ? Phone Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No 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? No Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? No Why did you cease payments? Thought account was paid off What was the date of your last payment? Unknown 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? N/A Thank you. Old sky account. Left them years ago for a better deal elsewhere. Thought he paid the final bill off ages ago. They seem to think not. Have had begging letters from Lowell for a few years, replied asking for proof but nothing provided.
  3. Thank you. Old sky account. Left them years ago for a better deal elsewhere. Thought he paid the final bill off ages ago. They seem to think not. Have had begging letters from Lowell for a few years, replied asking for proof but nothing provided.
  4. My hubby received a claim form from Northampton from Lowell Solicitors regarding an old Sky account. Particulars are as follows. 1 - The Defendant entered into an agreement with sky uk limited under the account reference REF NUMBER ('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 23/04/19 and notice given to the Defendant. 4 - Despite repeated requests for payment, the sum of £xxx remains due and outstanding. And the Claimant claims a) The said sum of £xxx 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 £xxx but limited to one year, being £xxx c) Costs. I have already sent a Cpr request and a CCA request. They replied with a copy Notice of Assignment dated in May from Sky and a copy of a letter from Lowell introducing themselves and inviting contact to pay them. The covering letter states that this alleged debt relates to a former telecommunications matter not regulated by the Consumer Credit Act. They say they have requested the relevant documents from their client but are unable to comment on a timeframe of when they can provide them. Once they receive the documents they will be in contact. The claim was issued on the 1st of October. I know I should have added all this on here at an earlier date but unfortunately have been working away. I need some help preparing a holding defence.
  5. I have still not received a reply regarding my CCA request. I know that it is stayed by the court now. How do I get it discontinued?
  6. Defence is now submitted. I received a letter from Cabot in reply to my CCA request and they state they do not have a copy of the agreement. They are asking me to get in contact with them to make a payment plan.
  7. the defence I have posted in 15 is ok to be submitted? In reply to your question Andyorch yes I have.
  8. I did make a couple of changes. The only difference is that the Particulars of claim are only one paragraph so I will have to change points 3 and 4 for this.
  9. I found this on CAG as a no paperwork defence. Can someone please look this over and tell me if it is ok to submit this? 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 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol). Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 2. The Claimant claims £xxxx is owed under a regulated consumer credit account under reference xxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to comply. 3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied. The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. 5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request. 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, 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 and Section 82A of the consumer credit Act 1974. 9. 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.
  10. I would be happy to get it done as soon as possible. I have never done this before and I appreciate your help
  11. Ok. If I do not hear anything from Mortimer Clarke by Saturday the 18th then I will need some help in filing a defence
  12. Ok. After working out the dates I need to have a defence submitted by the 21st of May 2019.
  13. I received a letter from Mortimer Clarke as follows We have received your request for documents under Civil Procedure Rule 31.14. We have sent your request to our client and will come back to you when we have heard back from them. Our client may not have all the documents you have asked for to hand, they may need to ask the original creditor for some of the documents so it may take some time for us to come back to you. In the meantime your account will be placed on hold.
  14. I have acknowledged the claim on mcol as per your instructions. I did that on the 23rd of April. On the 24th I sent off the CCA request to Cabot and the CPR 31:14 to the solicitors. These were both sent 1st class signed for.
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