Bryan carter - Lowells - 3 mobile debt I do not recall - Court form help please.

[OAAJmum]

Hi,

 

I had this form through a few weeks ago. (21st of Jan is date) Its a blue court form which I assumed was just another debt collecter spam mail thing. I've now found out differently and having looked up various threads here thought it best to ask what to do.

 

Firstly I've never had a 3 Mobile Phone, Hubby has but this form is in my name so its likely the debt is incorrectly assigned or just wrong.

 

Im going to defend via moneyclaim, do I go with the CPR letter requesting documents and put defense as awaiting documents as I have no recollection of this debt?

 

Wording on the form is as follows:-

 

I'm being a little vague to prevent them from Id ing me.

 

This claim is for £300ish the amount due under an agreement between orig creditor and defendant to provide finance/services or goods

 

This debt was assigned/ purchased by lowel on XX/XX/2011 and notice severed pursuant toproperty act 1925

 

Particulars

Three mobile

Account number : XXXXXXXXXXXX

 

Claimant claims £300ish

 

Claimant also claims interest pursuant to s69 county court act 1984 from XX/XX2011 to date at 8% per annum amounting to £50ish

 

**************************

 

I know I only have days to submit defense what do I do?

[ericsbrother]

You can ask for strict proof of debt and I would be doing a SAR with 3 mobile and tell BC that you are doing so and may wish to recover damages from them as the debt is not yours. Check your credit files and see if, when and who put the debt on your credit file as that is where your damages claim comes from.

So, your defence will be that you have never been a customer of 3 mobile and that the debt is denied in its entirety. The burden of proof lies with BC/Lowells so make them sweat.

Also do a SAR on Lowells and make it clear that the cost of doing so will be part of a claim against them. They may ask for some proof of ID and then it will dawn on them that they have the wrong person and hope you will accept an apology and not take them to court/regulatory body/press etc.

[OAAJmum]

Is it worth copying the CPR defense and posting that on money claim with my details edited in?

 

Obviously I'd send Lowels and Mr carter SARs and CPR requests.

[OAAJmum]

Hey can anyone point me to a post containing an example of a defense I can tweak for my own use please, I'm confused which one exactly to use.

[ericsbrother]

As long as you file a defence fairly sharpish it doesnt have to be detailed, all of that will be added when you get the allocation documents. The defence of you not being the debtor and never having anything to do with 3 will cause them a certain amount of alarm but this is just giving you time to get all of the other information from them before you have to go to court. There will be then plenty of time for Lowell's to get you the info and discontinue if they have got it all wrong. Dont let them off the hook if you are right.

[citizenB]

If hte date of issue of hte claim form is 21st January then your timeline is as follows:

 

Date of issue = 21.01.2014 + 5 days for service = 25.01.2014 + 14 days to acknowledge = 08.02.2014 + 14 days to submit defence = 22 .02.2014.

 

Have you acknowledged receipt of the claim online ?

 

I would have thought if the debt is not yours then a simple defence denying any knowledge, something along the lines of..

 

It is denied that the defendant has ever had a contract with either the MOBILE phone company or Claimant.