Lowell/Carter claim form old mobile debt - Possible to defend?***Claim Discontinued***

[N_Just789]

Hi

Thank you for the wealth of information

 

I was wondering if I could also get some help here.

 

I have received a Claim form (issued 8th Oct) from Northampton CC Bulk Centre

and the claimant is Lowell with their sidekick Bryan Carter with regards to an old mobile phone contract.

 

Have been reading around the forum and the info on the PoC (amounts rounded off) are:

 

This Claim is for 290 the amount due under an agreement between the original creditor and the defendant to provide finance and/or services and/or goods.

 

This debt was assigned to/purchased by Lowell on 09/2008 AND NOTICE SERVED pursuant to the law of property act 1925

 

Particulars

Re: T-Mobile

 

and the claimant claims 290

The claimant also claims interest pursuant to s69 count court act 1984 from 09/2008(same exact date as debt assigned) to date at 8% per annum amounting to 118

 

If I owe them anything, it is nowhere near this amount .

It is my fault that I lacked the confidence to deal with them or debt collectors and their bullying before

as for a long while I have fluctuated from panicking to saying I will get to it and time has gone by.

 

I have learnt some things, but sometimes still seems that they seem to be able to get away with far too much and now wish to deal with it all.

 

I was hoping to sort this out before it got to this stage.

However, this has happened and I am hoping that there is something that I can do.

 

I moved house 2 months ago and this came to the old address,

but received this through redirection that I had set up

- I think they are hoping for a default judgement.

 

I wold like to defend this and prove that I owe this amount.

 

Please correct me if I am wrong...

I need to do a CPR request: Part 18 & 31.14 and CCA request to to Carter.

Also I need to fill in the form online and put in to defend the whole claim?

 

I was reading a thread on here where someone has had something very similar but theirs was for a CC.

But how would this differ for an old Mobile Phone Contract?

 

The alleged debt came to be from a default in 2007.

..I found this info on an old 2011 credit report.

However, on an credit report in 2009, there was no record of it.

 

At one point I was paying £2.12 per month as per CAB advice.

However, if I remember rightly I stopped once they started claiming I wasn't paying

and started sending me letters and harassing me.

 

The balance owed seems to have changed also,

from £95 to £352 to £500.

Where do they get their amounts from?

 

Please could anyone clarify that this is the info that I need to send off for and how if indeed I can do to defend.

 

Thank you

 

N

[N_Just789]

I apologize, it seems I have put this in the wrong thread and don't know how to move it or annoy by duplicating.

[AndyOrch]

You are in the correct Forum now N_Just not sure where you originally posted it.

 

In the red bar above " Search CAG " type Lowell or BC and you will see a wealth of threads with posters having the exact claim also...delinquent Telecom debts...they must have purchased 1000s for peanuts.

 

Read the other Posters threads and you will see how they have been advised to respond.

 

Regards

 

Andy

[N_Just789]

Thanks Andy

 

Looking it up again, will do a SAR & CPR requests and send them off tomorrow; fill in claim form online, and have seen a defence to work with also. With requests do I have to give them 10 days and can I put them all in same envelope?

 

Thanks

N

Edited October 20, 2013 by N_Just789
added question

[AndyOrch]

The DSAR they can take up to 40 days so may noy be of much use...... CPR can be 7/10 days

[N_Just789]

Hmm...Ok will make them and a CCA as well. Seeing from these threads Carter likes to ignore and drag this on. I will update once I get anything.

 

Thanks once again

N

[AndyOrch]

Pointless requestion a CCA..... this is a telecom service agreement.

 

Regards

 

Andy

[N_Just789]

Ok...So I only need to request CPR's?

 

Thanks

 

N

[AndyOrch]

Yes use CPR 31.14 and amend it remove agreement and replace it with service contract agreement.

[N_Just789]

Thank you so much Andy!!!

Have completed acknowledgement online, printed CPR 31.14 request and will put in post later today and will await response. Am I right in thinking that I have until the 4th November to put in an defence?

Will also update when received correspondence from them

 

Thanks

N

[AndyOrch]

Claimed dated 8/10 +5 days = 12/10 + 14 to Acknowledge = 25/10 +14 = defence due 9/11...

[N_Just789]

Thanks for all your help so far once again. Letter was sent and received today and have printed receipt. Will see if they respond within 7 days...

[N_Just789]

Hi

Thanks for all your help so far....An update...

Today I received a letter from BC who are still communicating to my old address for some strange reason.

Letter is as follows:

 

We write further to your recent correspondence requesting disclosure under Part 31 of the CPR.

 

We confirm the claim form was issued by the NCCBC and the Court's protocol was followed when issuing the Claimant's P of C. Practice Direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the Particulars of Claim when they are issued by this court.

 

We confirm that the Claimant will seek alllocation to the Small Claims Track as this is a simple contractual matter and Part 31 of the CPR will therefore not apply. We confirm that we have nevertheless requested documentation from our client and hope to revert to you shortly, although this will not be within seven days.

 

It is the original creditor's policy to issue agreements on or around the date of contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records.

 

We confirm the Claimant is agreeable to an extension of 14 days to allow you more time to prepare and file your defence.

 

We recommend you seek independent legal advice.

 

Yours sincerely

 

signed

BC

 

Its been signed by computer signature, of which I assume this is just one of their many standard template letters. However, can someone explain to me how this makes everything stand and my next move, as I don't have a copy of any agreement.

 

Thanks

N

[AndyOrch]

Standard template response to CPR 31.14.

[N_Just789]

OK...Have emailed the court the extension and CC'ed Carter. From looking at other threads they just enjoy this and put in for CCj's hoping for defaults regardless as to whether or not they have evidence. Their correspondence still goes to my old address, which just seems to be another sly tactic of theirs, so I guess its time to start drafting a defence. I have checked my paperwork and don't have any agreement, or notice of assignment. I have even checked all 3 credit files and the debt is not on any of them. Could I receive help in drafting a defence?

Also will I physically have to attend court; how long do they usually in your experience? and is this winnable? Why do they bother to take people to court with no real evidence?

 

Sorry for so many questions but they are really starting to annoy me.

 

Thanks

[N_Just789]

Anyone?

 

The court have received extension notice and have confirmed it, so have up to 23rd November. Still nothing further from Carter and have found info to piece together a defence.

Would the following be ok to use in my case?

Thanks

 

1. Paragraph 1 is neither admitted or denied with regards to the defendant entering into an agreement referred to in the Particulars of Claim (‘the Agreement’) the Claimant has yet to disclose any such agreement.

 

2. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant the claimant has failed to provide any evidence of assignment/balance/breach as requested by CPR 31. 14 and the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© 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.

 

5. The amount claimed will likely to 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.

 

6. 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 also wanted to draw attention to the fact that the claimant persistently in a blatant attempt to mislead by a way of continuously communicating to my previous address even though it has been established that I do not reside there any longer and clearly stated of where communication with regards to this matter should be addressed. (Is this breaking any rules….such as Practice Direction or should it be left out?)

 

I believe that the facts stated in this claim are true.

[N_Just789]

Hi

 

I still haven't heard anything further from BCarter and my defence is due 23rd November.If someone could please help with the above, I would really appreciate it.

 

Thanks

 

N

[N_Just789]

Hi everyone

 

I amended my defence and submitted it online as didn't hear anything further and didn't want to miss deadline...and thankfully I received a Notice of Discontinuation from Carter this morning!!!

Does this mean that the whole issue is completely over or will Carter just start to harass again with letters?

 

Thanks for all help given

 

Regards

 

N

[Mike_hawk]

Check the notice has been filed with the court, other than that the case is over........well done you.

 

Must be 10's of thousands of telecoms accounts assigned to third parties, all [assuming etf for breach of contract] can be tested for fairness. I believe this may be the reason the claimant has discontinued in your case as the original providers do not want their books opened to inspection to quantify the true loss.

[AndyOrch]

Wll donr N_Just...he must not of liked the look of my defence:wink:

 

 

Thread title amended to reflect the result.

 

Regards

 

Andy

[havinastella]

As you submitted a defense, go for your costs!

[N_Just789]

Thanks guys! I think it was both and they probably was hoping for a default They are doing this to too many people, its not right.

Will definitely check with court. I have been down with flu, but will get to it.

Costs??? Wasn't I supposed to put in for that earlier? To be honest it crossed my mind, but I was desperate to just be shot of them!

 

Thanks

N

[Mike_hawk]

Logically you can apply to the other side for costs on unallocated cases, CPR 38.6 applies if a defence has been filed and the case remains unallocated at discontinuance.

 

I wouldn't spend too much time on the issue as it doesn't have great value. Perhaps a written approach to it with a request for costs in the quantum of say 5 hours [£90.00], it may agree at the first sign of possible exposure.