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daverave5387

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  1. Thank you Andyorch for reopening thread. I thought I would update this with what has been going on with Lowell. I spent the Afternoon in Court for the second Court Claim I had submitted against Lowell and the District Judge found them in breach of GDPR for failing to give me a copy of the agreement and default notice and I was awarded damages for distress, it was for a notional amount of £1 but I won none the less. So what happened. Back in Dec 16 Lowell issued a Claim against me for allegedly owing Three monies for a mobile dongle account I know I closed over the phone. I submitted my defence and they sent one more begging letter before sending a letter of discontinuance. So I won. After watching that advert with the dog for Clearscore, I decided to check my credit rating, I had never needed to check it before but was curious. It had Lowell reporting a default and had been for sometime, so now I was mad. I contacted Lowell stating they had to remove this from my credit file or I would submit a County Court claim for damages as per Data Protection Act. They said no, so I issued a claim against them. They immediately removed the information from my credit file and wrote to me requesting to stop my claim. I didn't, it went to a Case Management hearing and I was told I would have to prove my claim against Lowell. Lowell tried to have the claim struck out but the Judge was having none of it. My claim rested on Lowell providing all documentation in order for me to prove I didn't owe them any money. Well Lowell never sent anything so I lost this claim against them but no order of costs was given. Now while this claim was going on I sent Lowell a GDPR request for all documents i.e. agreement, default notice, NOA, statements and correspondence. On the 30th day after watching the postman walk away without dropping anything off I submitted another claim against Lowell for failing to provide all documents and was seeking damages for distress. They were not happy to say the least and I had all sorts of threats of costs and arm breaking. They finally sent a package with 200 pages of redacted screenshots and letters back and forth between me and Lowell but still no agreement, default notice, NOA, or statements, so I paid the hearing fee. I sent my witness statement to them and I got theirs, it was going on about how could I put a claim in when they were only a couple of days late sending it and it was no reason for claiming and other indignation's. Now I never once mentioned or cared about it being late so had no idea where this was coming from. A couple of weeks later I get another statement from them as the paralegal who authored the first draft must have been away on the first day of paralegal school as he had got himself confused and thought he was the Claimant when in fact he was the Defendant. The usual threat of costs came in the letterbox which were duly filed in box 13 which leads me to today. I attend Bournemouth County Court arriving early they were busy so didn't get in until an hour after allotted time (took a book which helped, top tip if going to Court). The District Judge nice man asked a few questions from myself then Lowell's hired help, (they didn't bother attending). Lowell's hired help went all out stating it was an abuse of this legal matter and indignation of this legal matter and how did I have the gall to bring this claim and it should be struck out for this legal matter, I just switched off at this point and let them go at it. Lowell's hired help went on to say that they had given me everything they had in their possession and that that should be the end of the matter. When it was finally my turn to speak I pointed out that the Financial Ombudsman stated that the new owner of the debt takes over the same rights and responsibilities as the original owner had and pointed out that Lowell's had sent me a letter stating that they were now the Data Controllers of my data, therefore Lowell's were the goto for all documents. Lowell's hired help stated that if I wanted a copy of the agreement, default notice then I should have got it from Three. I pointed out it doesn't say that in their letter and used the point of, if Tesco sent me a letter stating that they were now the suppliers of my milk when I ask them for some I don't expect them to tell me to get it from Lidl's. So more legal speak between Hired help and the Judge, as my claim was for non-material damages the Judge asked why I hadn't listed the damage or distress on my witness statement, I just told him I didn't think I had to and that the fact it caused distress me distress would be enough. So a bit of legal speak and he then summed up, He stated that the Defendant (Lowell) couldn't shirk their duty as the data controller, and they must when purchasing a debt secure at a minimum the agreement and the default notice or how else would they be able to enforce any alleged debt, he found that they were in breach of the GDPR and that they had failed to provide a copy of the agreement and default notice, he wasn't too concerned about statements or NOA. As I had not quantified the damage or distress caused by this breach he could only give me a notional amount (I had put down I want £750) so he awarded me a £1, my court fee, hearing fee and loss of earnings to be paid by 4th March. Lowell's hired help was now seething he stated that it wouldn't be possible to get every shred of paper when buying a debt, the Judge pointed out he didn't say they had to, but they did need as a minimum get and secure the agreement and default notice, Lowell's hired help wanted leave to appeal (Denied) he claimed it was an abuse of power of the Court (Denied) he claimed the Judge was wrong in law (Denied) he then wanted costs for turning up for the sum of £300 (Denied). And that was it, on the way out I did ask Lowell's hired help to pass my regards onto the author of the witness statement. So lessons learnt: In future if (touch wood) I ever receive another Court Claim not only will I send a CCA request if applicable I will send the usual CPR 31.14 but also send a GDPR request as well, as this is more powerful than you can possibly imagine, they can ignore a CPR request but they cannot ignore a SAR, if they don't supply the agreement and default notice as a minimum, then counter claim for breach of GDPR and list every bit of distress or non-material damage you can i.e. sleepless nights, anxiety, starting smoking, heavy drinking lol. I don't know how much this has cost Lowell, it would be the initial amount paid to three, the court fee, 3 x paralegals, god knows how many hours writing letters and witness statements (I refused to give them a contact email) and now my costs, plus removal of default on credit file. Thank you to all on this site I have read countless threads on how to compose witness statements etc, and when I get sent the judgment I add to this thread and when I get my costs I will be sending something over for running costs.
  2. Personally I think it is a tactic to scare in my case they issued a claim on the 9th couple of days later they send a notice of claim letter in which they say that they have issued a claim and what you need to do now is ring them and pay, no I don’t I have a few options I can pursue. So by sending the DQ it is another scare tactic. I have had a couple of replies to the email I sent it went to 5 different addressees. Help at Lowell's wanted loads of info my reply was deleted without reading. Customer Services wants me to register and I'll be able to review my account(s), check my budget, set up affordable repayment plans or make one-off payments my reply No you seem to be confused with my email suggest you re-read it or get someone who can understand it to read it to you. Claim is stayed you need to pay to get it lifted. Regards. I wonder what James Cornell, Legal Services and enquires reply with.
  3. Thanks BankFodder I followed the advice on the site and it seemed pretty straight forward to deal with. I got a letter from Lowell's today "Please find enclosed a copy of the DQ which we have now lodged with the Court". Quick phonecall to the Court to confirm that the claim was stayed. It was as per the 17th. Quick email to Lowell's letting them now their failings. To whom it may concern. Ref you letter dated 17/01/17 received 20th Jan 17 containing a copy of the Directions Questionnaire you have lodged with the Court. I have just contacted the Court and have been informed that as you failed to contact them with 28 days of receiving my defence plus 5 for service the claim is currently stayed. Only way forward is for you to pay a hearing fee in order for it to be lifted. I will complete and send mine once you have paid the hearing fee and a judge has allowed this claim to be lifted. I am sure the Court will inform me once you have paid by sending me a DQ to complete. As a reminder you have also failed to send any documentation to substantiate your claim. You have also failed to provide the documentation and data usage I requested in my signed for CPR 31.14 request. I look forward to sending you my completed DQ once you have obtained permission from the Court to proceed. Regards. So will wait and see if they spend any money on getting it lifted.
  4. Thanks for your reply dx100uk. I have read all the advise you have given others and used it for my defence. I will give it to the end of the play Friday ring the court to confirm nothing has been changed and make a donation.
  5. Claimant Lowell's Date of issue: 09 Dec 2016. What is the claim for the reason they have issued the claim? 1) The Defendant entered into an agreement with Three Mobile under account reference xxxxxxx (the Agreement). 2) The Defendant failed to maintain the required payments and a default notice was served and not complied with. 3) The agreement was later assigned to the Claimant on 21/08/2014 and notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £193 remains due and outstanding. And the Claimant claims a) the said sum of £193 b) interest pursuant of 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 £0.042, but limited to one year, being £15.47 c) Costs What is the value of the claim? £283 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Three Mobile Dongle. When did you enter into the original agreement before or after 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 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 Default sums” – at least once a year ? No Why did you cease payments? Mobile dongle returned not fit for purpose. What was the date of your last payment? 2013ish I can’t remember. 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? No. I logged onto MCOL and did the following: A claim was issued against you on 09/12/2016. Your acknowledgment of service was submitted on 13/12/2016 at 18:44:22 Your defence was submitted on 13/12/2016 at 18:59:56 Your defence was received on 14/12/2016 at 08:02:27 Your acknowledgment of service was received on 14/12/2016 at 08:02:28 My defence was/is as follows: 1. The Defendant entered into an mobile dongle agreement with “Three”, the contract was mutually terminated as advised by “Three” Customer Services as the mobile dongle wasn’t fit for purpose, in that it didn’t receive any data as designed. 2. “Three’s” coverage software was inaccurate stating it would work within military accommodation at the xxxxxxxxx and it didn’t. 3. After numerous recorded telephone conversations with “Three’s” Technical Department and Customer Services the Customer Services operator advised the Defendant to return the mobile dongle to “Three” and the account would be closed with no more monies owing to “Three”. 4. The Defendant sent the dongle back to “Three” in a padded envelope as advised by “Three”. 5. Paragraph 2 is denied. The Defendant denies failing to maintain the required payments to “Three”. It is not admitted that any valid Default Notice was ever served. It is denied that I have failed to respond to demands for payment sent by the claimant and/or its agents. The Claimant is put to strict proof that any such demands have sent to me by the claimant. 6. Paragraph 3 is denied with regards to the Defendant being informed the Agreement was assigned to the Claimant. Claimant has yet to disclose any such documentation as requested by CPR 31.14 The claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement/contract; and (b) show proof the Defendant was sent default notice andtermination notice/demand notices; and © show how the Claimant has the legal right, either understatute or equity to issue a claim; and (d) show how the Defendant has reached the amount claimed for. 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. Notwithstanding the above, should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if 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. 10. 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. I sent a CPR 31.14 request on the 14th Dec recorded to Lowell Portfolio Ltd and Lowell Solicitors Limited. On the 16th Dec I received an acknowledgement receipt of your defence stating claimant has 28 days to proceed. On the 17th Dec I received a Notice of Claim Issue dated 14th Dec from Lowell Solicitors as follows: As you are aware, we represent Lowell Portfolio I Ltd. We have now issued Legal Proceedings in the form of a CCC which you will shortly receive directly from the NCC as you have failed to make payment towards this debt or respond to our letter of claim. It then goes on about totals and what you need to do now. As I received their letter on the 17th Lowell Portfolio Ltd and Lowell Solicitors Limited both signed for my recorded CPR request. From Lowell Solicitors a letter dated 30 Dec, envelope says 03/01/17 and was received 6th Jan as follows: Thank you for your letter dated 13 December 2016. We note the contents and write to advise you that the documents have been requested from our Client and we will forward these onto you upon receipt. However, legal proceedings have now been issued and you are required to respond to any court documentation that is sent to you. We look forward to hearing from you. I have heard nothing since either from the Court or Lowell's, I think if my maths are correct that the claim is now stayed 14th Dec – 19th Jan even allowing Bank Holidays its been 36 days. So do I leave it stayed or request it struck out?
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