Carter/Lowells - Claim form for old 3 mobile***Claim Discontinued***

[moosey82]

Hi guys just looking for some advice,

 

I just have received a litigation letter from Bryan Carter courtesy of Lowells debt recovery

telling me I will be receiving a county court letter within 48 hrs.

 

The claim is apparently for an old phone contract with 3 mobile.

 

The letter claims i owe £297,

 

However I also received a letter from lowells a few days before stating the amount owed is £220.

 

I had thought the old contract was closed long ago

and any previous letters for the debt must have been sent to my old address where the contract was registered.

 

I opened a noddle credit check account to see

and it states that the default amount was only for £50,

surely such additional charges are illegal?

 

Just wondering what to do next, i have never had to deal with such things before.

 

I would have happily payed £50 if i was aware, now £297 seems ridiculous.

[AndyOrch]

Thread moved to the appropriate forum until court papers are received.

 

Regards

 

Andy

[dx100uk]

i'd get an sar off to three and get all the info.

 

how do you rhink you cancelled the contract?

 

was it by letter

 

dx

[moosey82]

i'd get an sar off to three and get all the info.

 

how do you rhink you cancelled the contract?

 

was it by letter

 

dx

 

I went into the my local 3 store when my contract was up and had them close the account, I never heard anything else from them for the time i was still at my old address.

[dx100uk]

well I hope that's on the system then

if so , as usual with these mobile supposed 'debts' it should be easy

to deal with the court claim.

 

have a look in the financial legal forum

 

lots there from these clowns

 

dx

[moosey82]

Ok so the court papers turned up while i was at work, the date of service says the 10th April! so i don't have a lot of time.

 

Now the form says the amount claimed is: 232.87

court fee: 15.00

solicitors cost: 50.00

total amount: 297.87

 

Now i'm going on holiday in 2 weeks and i really cant be bothered with all this, i can afford to pay the claim no problem.

 

So do i just pay the amount claimed: 232.87 or do i have to the pay court fee and solicitors cost too?

 

As i have been led to believe if i pay the claim immediately then there will be no court case.

[problemswitho2]

Ok so the court papers turned up while i was at work, the date of service says the 10th April! so i don't have a lot of time.

 

Now the form says the amount claimed is: 232.87

court fee: 15.00

solicitors cost: 50.00

total amount: 297.87

 

Now i'm going on holiday in 2 weeks and i really cant be bothered with all this, i can afford to pay the claim no problem.

 

So do i just pay the amount claimed: 232.87 or do i have to the pay court fee and solicitors cost too?

 

As i have been led to believe if i pay the claim immediately then there will be no court case.

 

You do realise that by paying that money if you don't owe it you are just funding this company to impose misery on others? If I wrote you a letter and said you owed me a spurious amount of money and was taking you to court would you just pay me to make me go away?

 

Either way nothing will happen for months. If you want to pay it then I am sure you will be able to get the court fees waved. If you want to fight it and really don't owe the money I can pretty much guarantee you will never see a county court. These companies operate using fear and by playing the averages. They know people will pay up if they send this forms out so they do so.

 

Anyway have a good holiday, and hope it works out for you. If you want to challenge it I can give you the format of the letters I used to make the exact same companies give up.

[moosey82]

Thanks problemswitho2, I would like to take at the formats you used. I am still considering fighting it. As i see i only owe £50 if i owe anything at all.

My only concern really is that in a few weeks i'm out of the country and won't be able to deal with anything directly, and to be honest won't even want to ruin my holiday groove stressing over it, lol.

[problemswitho2]

Thanks problemswitho2, I would like to take at the formats you used. I am still considering fighting it. As i see i only owe £50 if i owe anything at all.

My only concern really is that in a few weeks i'm out of the country and won't be able to deal with anything directly, and to be honest won't even want to ruin my holiday groove stressing over it, lol.

 

No problem. I'm at work now but will send it to you when I'm back. The only thing you need to do is acknowledge it! You have 14 days to do this and then another 14 days to submit a defence. If you are going on holiday do both at the same time and then sit back and wait for months... Literally months.

 

When you do hear from them after that you need to request evidence that you actually owe any money. Lots of people will suggest you sar them. However they have to give you all the info before going to court anyway.

 

I can almost guarantee that once you write requesting evidence of an alleged debt they will drop it quicker than Man U have done moyes. If it ever gets to court they have to come to you... So that's a day and fuel for one of them. They then have to prove the debt to a county court judge.

 

Debt companies fear having a hearing. It makes them lose sleep. They rely on people caving in, not responding or not turning up. If you show them you are not that sort of person then they will pick on someone weaker.

[dx100uk]

can you follow this please:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**

[AndyOrch]

You do realise that by paying that money if you don't owe it you are just funding this company to impose misery on others? If I wrote you a letter and said you owed me a spurious amount of money and was taking you to court would you just pay me to make me go away?

 

Either way nothing will happen for months. If you want to pay it then I am sure you will be able to get the court fees waved. If you want to fight it and really don't owe the money I can pretty much guarantee you will never see a county court. These companies operate using fear and by playing the averages. They know people will pay up if they send this forms out so they do so.

 

Anyway have a good holiday, and hope it works out for you. If you want to challenge it I can give you the format of the letters I used to make the exact same companies give up.

 

I doubt that very much....100s of threads in the same vein moosey all with defences and successful outcomes...please follow the tried and tested route unless of course you wish to admit and just pay it.

 

Regards

 

Andy

[moosey82]

Ok guys i have read through the threads on the forum and have decided to file my acknowledgment & defense via MCOL.

 

A detail to as to why i originally canceled my contract in-store was due to the mobile phone i was provided was faulty and three refused to repair or replace the phone.

 

Now this is what i have for my defense, if someone could give it a look over before i submit it within the next 24hrs i would be eternally grateful.

##Particulars of Claim##

 

1. The claim is for 220.96 the amount due under an agreement between the original creditor and the defendant to provide finance and / or services and / or goods.

 

2. This debt was assigned to / purchased by lowell portfolio I ltd on 06/08/2013 and notice served pursuant to the law of property act 1925.

 

3. Particulars Re: Three Mobile

A/C no xxxxxxxx

 

4. and the claimant claims 220.96

 

5. the claimant also claims interest pursuant to s69 county court act 1984 from 06/08/2013 to date at 8% per annum amounting to 11.91

 

 

##Defence##

 

Paragraph 1 is denied the account referred to is in dispute. Three Mobile failed to replace defective mobile phone, therefore service/s were irrelevant and unusable.

 

Paragraph 2 is denied neither the Original Creditor nor the Assignee have served Notice pursuant of the law of property act 1925.

 

Paragraph 3 is denied the as the Original Creditor was in breach of any agreement by failing to replace the equipment.

 

Further to the above it is denied with regards to the Defendant owing any monies to the Claimant 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;

 

4. 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 as stated, 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. The amount claimed will likely include an Early Termination Charge 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 of 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 the service.

 

7. 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.

 

Again thanks for all your help so far guys.

Edited April 27, 2014 by moosey82

[dx100uk]

slow down....

 

as long as you have ack'd the claim via MCOL by day 19 from the date of the claimform

there is no need to do a defence yet.

 

you have 33days inc the date on the claimform to send a defence

 

you need info.

 

have you sent LOWELLS the correct CPR & 3 an SAR?

 

dx

[moosey82]

slow down....

 

as long as you have ack'd the claim via MCOL by day 19 from the date of the claimform

there is no need to do a defence yet.

 

you have 33days inc the date on the claimform to send a defence

 

you need info.

 

have you sent LOWELLS the correct CPR & 3 an SAR?

 

dx

 

No I initially have not sent a SAR as problemswith02 stated that they would have to send me all information before going to court anyway, However i will send one monday.

 

As for CPR i am going to use CPR 31.14 edited to request the agreement , Notice of assignment and statement of account.

 

Is that correct?

 

I have also acknowledged the claim in the meantime via MCOL in the meantime and checked defend all.

 

Sorry about the strange times in which i respond, i work 12 hours night shifts.

Edited April 28, 2014 by moosey82

[moosey82]

Bump.

 

SAR sent to 3, is CPR 31.14 edited to request the agreement , Notice of assignment and statement of account correct? and do i send to lowell or bryan carter? i am assuming bryan carter.

[dx100uk]

we have found where carter is involved

 

its better to send to lowells

 

carter just either ignores or sends the std meaningless reply

you'll see in numerous threads here of the same

 

dx

[moosey82]

Well it has been about 10 days and no reply has been received from Lowell regarding the CPR request and my defence is due either tomorrow or monday which i will be doing online as i am now on holiday.

Any further advice guys or do i just enter my defence, which at the moment is just going to be what i posted earlier.

[moosey82]

Actually scratch that,

i have just been informed i have received a letter back from Lowell today,

however it does not relate to the claim and seems to relate to a different account!

 

 

Here is the the main excerpt of the letter:

 

Dear Mr Allen,

We are in receipt of your request for information subject to the civil procedure rules.

 

please note that as Frederickson International is handling the county court proceedings on our behalf

we have passed your request to them and they will be in contact in due course.

 

original company name: shop direct original account number: xxxxxx you owe: £368.15

 

What is this?

it has nothing to do with the claim i contacted them about,

and i have absolutely no contact regarding a Frederickson International county court case.

Are they just taking me for a ride now?

[dx100uk]

as they always do.

 

hoping the defendant does not defend/challemhe

and they get a default judgement.

 

without the need for paperwork.

 

you have 33 days inc the date on the top right of the claimform.

[havinastella]

Are you Mr Allen, or have they sent you someone else's details?

[moosey82]

Yes I am Mr Allen, At least that parts correct lol.

Edited May 10, 2014 by moosey82

[moosey82]

you have 33 days inc the date on the top right of the claimform.

 

Bumping, as my defence is due tomorrow when my 33 days are up.

 

Without any information from Lowell i have decided to use that in my defence, if someone can give it a quick look before i submit it Monday afternoon that would be great.

 

1. Paragraph 1 is neither admitted or denied with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') the Claimant has yet to disclose any Agreement.

 

2. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant 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 crediticon Act 1974.

5. Three Mobile refused to replace the faulty mobile phone provided which was unable to produce any sound when making or receiving calls and deemed the service not fit for the purpose it was intended. I requested that the contract was terminated early.

6. The amount claimed will likely include an Early Termination Charge 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 of 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 the service.

 

7. 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.

Edited May 12, 2014 by moosey82

[moosey82]

Just thought i would update the thread for anyone who ends up in the same boat.

 

I just returned home from holiday to find the following letter from super lawyer Bryan Carter:

 

Our Client: Lowell Financial Limited

Account no: XXXXXXXXX

Our ref: XXXXXXX

Balance: £0.00

 

Dear Mr Allen

 

RE: Lowell Financial limited v yourself, northamptom county court claim no. XXXXXXXX

 

Please be advised that the county court claim no. XXXXXXXX has been discontinued.

 

Yours sincerely

 

Big Bri ( ok so it didnt say big bri )

 

Thanks for the help guys, hopefully this is the last of this nonsense.

[dx100uk]

ensure you check with the court 1st thing Tuesday that they ARE discontinuing.

 

we've known carter to say this more than once

 

and not do so

 

and get a CCJ because you didn't turn up

 

however...

yes carter normally runs away from these types of debt

as they never ever have any paperwork

and hope for a default uncontested judgement.

 

about time they were outlawed from issuing claimform with NO PAPERWORK whatsoever.

 

dx

[AndyOrch]

Thread title amended to reflect the out come...well done moosey.

 

Regards

 

Andy