Lowell / BW Court Claim - old T-Mobile Debt

[Allias]

Hi All,

 

 

I need some help on a county court claim, I just don't understand what they're claiming for, there is no mention of account numbers. Could you please advise me how to deal with this claim.

 

 

thanks

 

 

here are the details.

 

 

 

 

Claimant: Lowell Portfolio

 

 

Address for sending documents: BW Legal

 

 

Issue Date 20 January 2014

 

 

POC's

 

The Claimant's claim is for the sum of 655.15. The Defendants entered into agreements with the numerous original creditors (full particulars of which will be served upon the Defendant under separate cover) Pursuant to which the Defendant agreed to pay the original creditors for services and/or facilities provided to the Defendant.

 

 

The Defendant has breached its contractual payment obligations pursuant to the terms of the Agreements, in respect of which the original creditors have notified the Defendant of breach and made demand for payment.

 

 

The sums became payable in full following service of a default notice by the original creditors on various dates and this being unsatisfied by the Defendant. Despite demand having being served upon the Defendant, the Defendant has failed to settle his/her outstanding liabilities.

[citizenB]

Ok, your timeline is as follows:

 

 

 

 

 

Date of issue = 20.01.2014 + 5 days for service = 25.01.2014 + 14 days to acknowledge = 08.02.2014 + 14 days to submit defence = 22.02.2014

 

So anytime up to the 8th February you can acknowledge receipt of the claim. So they pretty much have until then and then 14 days after to advise you of what the claim is made up from.

 

 

You can write to BW legal if you wish and confirm that you have received the claim form - that they advise in this that they are serving on you separately fuller details of the claim - not least as to how it is made up and who are these "numerous original creditors" . That you have not yet received this and would they please provide it as a matter of urgency.

 

 

A few suggestions as to what these could be would be catalogue debts - mobile phone contracts that have not been closed down properly !

 

I guess you could look at your credit files to see if there are any amounts being recorded as in default ?

 

 

Hi

 

I noticed you had posted on Cornish Celts' thread that you had a similar situation. The information I have provided above will be pretty much the same for you including the timeline by the looks of things.

 

So the first thing you need to do is to obtain information in order to be able to see what these debts are for.

 

Just follow the advice given above and keep us updated with any further communication from BW.

[Allias]

Hi CitizenB, Thanks for your reply I will follow the advice on Cornish celts thread, thanks alot

[dx100uk]

I hope they are all covered by CCA and not mixed

 

this could be fun:lol:

[Allias]

Hi, can someone please advise me if this letter is ok to send?

 

 

BW Legal

The Tannery

91 Kirkstall Road

Leeds

LS3 1HS

24/01/2014

Re: Lowell Portfolio 1 ltd v Mr XXXXXX Case No: XXXXX

Dear Sir/Madam

I write with regards to the County Court Claim No: XXXXX which I have received from yourselves.

The County Court Claim form states that the full particulars of agreements with the numerous original creditors will be served upon the Defendant under separate cover.

I have not yet received this and would you please provide me as a matter of urgency, with the full particulars of the claim including how this claim is made up and who the numerous originals creditors are.

Yours Faithfully

 

 

 

 

[citizenB]

That looks fine to me - please do send it by Recorded delivery to the solicitors, so you have a receipt of not only that it was sent, but will know when it is received by them.

[Allias]

Ok, I will do thank you for your advice CitizenB.

[citizenB]

You are very welcome

[Allias]

Hi, guys hope all is well,

 

I rang BW Legal today, they advised the debt is for a mobile contract for the initial amount of £420, which was defaulted on February 2009 after all the charges the amount went up to £655.

 

Im not sure if its a standard CPR31.14 for mobile phones. Please could someone advice me if this looks ok to send.

 

thanks

CPR 31.14 Request

[AndyOrch]

Responding to your PM Allias

 

Have you not received their full particulars yet ?

 

Filing separate particulars of claim...seems to be a new trend they have adopted

 

CPR 5.2

(1) Subject to the sub-paragraphs below, the claimant may serve and file particulars of claim separately from the claim form but the claimant must in the claim form –

(a) state that the particulars of claim will follow; and

(b) include a brief summary of the claim.

(2) Where the claimant serves the particulars of claim separately from the claim form pursuant to sub-paragraph (1), the claimant must –

(a) serve the particulars of claim in accordance with rule 7.4(1)(b); and

(b) file a certificate of service in form N215 at the Centre within 14 days of service of the particulars of claim on the defendant.

(3) The claimant must file the particulars of claim at the court to which the proceedings are transferred under paragraph 1.3(2)(e) within 7 days of service of the notice of transfer.

(4) Where the proceedings are not transferred under paragraph 1.3(2)(e) and remain at the Centre, the claimant is not required to file the particulars of claim unless ordered to do so.

 

Regards

 

Andy

[Allias]

Hi Andy thanks for your reply, I have not received any other particulars of claim, I don't think they will send anything before the acknowledgement date. when I rang them they said its for a mobile phone contract account with T-Mobile. the account number, and the amount. which only leaves me with the option of CPR request. is it ok to send the one I've posted?

 

 

Thanks alot

[AndyOrch]

Just change 1. to Service Contract Agreement

 

In the Particulars of claim does it state T Mobile and an account number?

[Allias]

Hi Andy thanks again

 

 

They haven't mentioned T-Mobile or any Account Numbers.

 

 

here are the POC's

 

 

The Claimant's claim is for the sum of 655.15. The Defendants entered into agreements with the numerous original creditors (full particulars of which will be served upon the Defendant under separate cover) Pursuant to which the Defendant agreed to pay the original creditors for services and/or facilities provided to the Defendant.

 

The Defendant has breached its contractual payment obligations pursuant to the terms of the Agreements, in respect of which the original creditors have notified the Defendant of breach and made demand for payment.

 

The sums became payable in full following service of a default notice by the original creditors on various dates and this being unsatisfied by the Defendant. Despite demand having being served upon the Defendant, the Defendant has failed to settle his/her outstanding liabilities

[AndyOrch]

Okay I see a pattern emerging here.

 

The Particulars are a template to merge numerous debts together irrespective whether they are claiming one or more hence the lack of original creditor or account numbers.

They then state " (full particulars of which will be served upon the Defendant under separate cover)

 

This is what you will receive if ever you do receive the full particulars :-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?416410-Lowell-BW-Court-Claim-old-vanqius-card-debt-Help-Please Post #13.

 

Get your CPR 31.14 away and give me a nudge when you are ready to submit a defence...we can have a field day with that claim.

 

Regards

 

Andy

[Allias]

Ok I will do this right away, thank you very much Andy.

[Allias]

1. Hi All,
   h
   I have not yet received a reply to the CPR31.14 but I have received further POC.s its exactly the same as Andyorch mention on post 14.
    
    
   I only have a few days to submit my defence, but Im not really sure how to go about it, I would be grateful if someone could help me with my defence. I have copied one from another thread can you please advise me if something like this would be ok to.
   
   
   

removed - dx

[AndyOrch]

Responding to your PM

 

So it was just the one debt and one agreement/one creditor....did they serve a Default Notice as per their particulars?

 

Andy

[Allias]

Responding to your PM

 

So it was just the one debt and one agreement/one creditor....did they serve a Default Notice as per their particulars?

 

Andy

 

 

Hi Andy thank for the quick reply

 

 

yes here are the further POC.s

 

PARTICULARS OF CLAIM

 

 

The claimants claim is for the sum of £421.60

The Defendant entered into agreements ("Agreements") with the original creditors set out below

pursuant to which the Defendant agreed to pay the original creditors for services and/or facilities provided to the Defendant.

 

The Defendant has breached its contractual payment obligations pursuant to the Agreements,

in respect of which the original creditors have notified the Defendant of the breach and made demand for payment.

 

The sums became payable in full following service of default notice by the original creditors on the dates

stated below and this being unsatisfied by the Defendant.

 

Despite demand having being served upon the Defendant,

the Defendant has failed to settle his/her outstanding liabilities pursuant to the Agreements as set out below

 

 

Original Creditor: EE Limited (formerly T-Mobile uk ltc)

Account Number: xxxxxxx

Agreement Type: Communications

Default Date: 10 February 2009

Balance Due: £421.60

 

Sum due to Creditor

 

The Claimant is a debt purchaser which has purchased the rights and benefits in the debts set out whichin these Particulars of Claim

by virtue of legal assignment pursuant to section 136 of The Law of Property Act 1925.

 

The Claimant has made numerous written demands for repayment in respect of the Agreements,

despite which the above sums remain unpaid.

 

Particulars of Interest

 

The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum

(a daily rate of £0.09) from the date of assignment of the agreement to the date of issue being a total amount of £108.54

 

AND THE CLAIMANTS CLAIMS:

 

1. The sum of £421.60 being the original debt due

2. The sum of £108.54 being interest accrued

3. Costs

[AndyOrch]

Yes they did serve a default notice ?

[Allias]

Yes they did serve a default notice ?

 

 

 

I did not receive any notices as far as I know my account was up to date when I ended the contract, im not sure how they made this balance, I really don't have a clue

[AndyOrch]

POC

 

1.The Claimant's claim is for the sum of 655.15. The Defendants entered into agreements with the numerous original creditors (full particulars of which will be served upon the Defendant under separate cover) Pursuant to which the Defendant agreed to pay the original creditors for services and/or facilities provided to the Defendant.

 

 

2.The Defendant has breached its contractual payment obligations pursuant to the terms of the Agreements, in respect of which the original creditors have notified the Defendant of breach and made demand for payment.

 

 

3.The sums became payable in full following service of a default notice by the original creditors on various dates and this being unsatisfied by the Defendant. Despite demand having being served upon the Defendant, the Defendant has failed to settle his/her outstanding liabilities.

 

Defence

 

Paragraph 1 is accepted with regards to the defendant entering into an agreement referred to in the Particulars of Claim (‘the Agreement’) with T Mobile however the agreement was terminated by myself with a nil balance.

 

2. Paragraph 2 is denied I have not breached any agreement the agreement was terminated..there was no balance to demand.

 

3.Paragraph 3 is denied for reasons stated above It is denied any Default Notice was served..as there was no breach of the agreement.

 

4. On receipt of this claim I requested by way of a CPR 31.14 request copies of documentation on which the claim relies upon.The Claimant has failed to respond.

The Claimant misleads the court by stating numerous requests were made for payment.Not until receipt of this claim have I ever heard of the claimant and therefore point out to the court its failings in complying with Pre Action Protocol.

 

Therefore 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.

 

5. 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.It is assumed that the alleged 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.

 

 

How does that look?

 

Andy

[Allias]

Thank you very much Andy that's great I will submit this tomorrow via online

 

 

Once again Thank you.

[Allias]

Hi guys I need your help, after submitting my defence I have received a letter from BW Legal on 5th March stating...

 

 

We confirm we have received your request for documentation.

 

We have referred your request to our client who may have to refer your request to your Original Creditor detailed above.

 

Accordingly, your account will be placed on hold until the documentation you have requested has been provided

which will be forwarded to you upon our receipt of the same.

 

We will seek to ensure that the documentation you have requested is provided within 12 working days,

however this is contigent on receiving the documentation from your Original Creditor within this timescale.

 

In the meantime if you have any more questions please do not hesitate to contact us.

 

and today I have received another letter from BW Legal stating..

 

We write with reference to the above matter.

Our client intends to continue with the claim.

[Allias]

Any idea what I need to do now? I have not received any documentation from them yet.

any help would be appreciated.

 

 

thanks

[AndyOrch]

You dont do anything...let them take as long as they wish trying to recover said documents.Next move is theirs.

 

Andy