Lowells/Carter Claimform - 02 'debt' - partner with mental health issues

[milo26]

Hi,

 

its my partners who suffers with mental health issues, it was for a mobile phone contract that he took out/renewed whilst psychotic, Lowell group have issued court proceddings and I really dont know what to do, he is not capable of defending it.

 

Basically he took the phone out and flushed it down the toilet because he was so paranoid, I cancelled his DD and to be honest because he had not used it much I just thought we would get a bill for the first month but they wanted near £600.

 

Any help would be really appreciated, He is currently on rispiredone and I can prove he was psychotic on the dates he signed as we were seeing the doctor

 

He has never defaulted on any credit agreement ever, and his credit file was excellent until his episode

[wonkeydonkey]

Seek help from the mental team..... you should ask them to write a letter to the Court outlining the symptoms of his behavior and give their opinion to his mental state at the time. However, what stage are you at with the claim....is he capable of acknowledging it?

[milo26]

Hi we only got letter today, he is not under any mental team just his doctor, Sorry to sound stupid but what does acknowledging it mean, he is well enough at the moment but I am worried it will lead to relapse as he was diagnosed with stress induced psychosis

[BRIGADIER2JCS]

Hi we only got letter today, he is not under any mental team just his doctor, Sorry to sound stupid but what does acknowledging it mean, he is well enough at the moment but I am worried it will lead to relapse as he was diagnosed with stress induced psychosis

 

 

Have you acknowledge the claim and stated it will be fully defended? When did the claim arrive?

How much is the claim for?

Was your partner in your opinion incapable mentally of knowing what he signed up to?

 

 

At the risk of being blown out of the water by others I'm going to suggest a letter to be sent while the details of the claim are being sorted out.

 

 

To Ms Sara de Tute

Director of Legal & Compliance

The Lowell Group

Ellington House

9 Savannah Way

Leeds

LS10 1AB

 

 

date

Ref: use theirs.

 

 

Dear Ms de Tute,

I write on behalf of (Full name) with their permission (attach signed permission for you to act) in regard to the Count Court Claim No. xxxxxxxxxx issued on xx/xx/xxxx for the sum of £xxx.xx allegedly originating from an account with xxxxxxxxx.

 

 

Please not (name ) does not acknowledge any debt to Lowell.

 

 

For information (name) suffers from a severe mental health condition and is considered to be psychotic and unable to understand what he has committed himself to relation to any contract.

 

 

I would suggest on his behalf that this court claim is unlikely to achieve the commercial result Lowell expect, and no useful purpose will be served by continuing this action.

 

 

Evidence of (name) condition at the time the contract was signed Will be submitted if the claim continues.

 

 

A prompt reply to avoid costs and wasted court time would be appreciated.

 

 

Send signed for post check receipt.

Mark as Private & Confidential.

[milo26]

Hi yeah in my opinion he wasnt capable of knowing what he was signing for, at the time he was convinced he was being followed and also threatened by men carrying guns, oh and he also having regular conversations with Usain Bolt (I kid you not)!, we have not acknowledged anything yet, received claim today in the amount of £686.57p, they are also claiming interest S69?.

 

Thanks for the advice, I wonder whether Lowell will listen?

[BRIGADIER2JCS]

Hi yeah in my opinion he wasnt capable of knowing what he was signing for, at the time he was convinced he was being followed and also threatened by men carrying guns, oh and he also having regular conversations with Usain Bolt (I kid you not)!, we have not acknowledged anything yet, received claim today in the amount of £686.57p, they are also claiming interest S69?.

 

Thanks for the advice, I wonder whether Lowell will listen?

They don't have an outstanding record for dealing with vulnerable people so it is very much worth a try with the letter. (been successful with similar situations)

OK Milo acknowledge service of the claim and intention to defend asap it will give you more time to prepare it they continue.

 

 

Does he have any realisable assets/investments etc.?

[citizenB]

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

 

Have a read of the thread linked above - provide all the information requested in this thread. Once we have this information, we can help you move forward.

 

Most important of all, we need the issue date of the claim, which you will find at the top right hand corner of the form.

[Bandit127]

Your Plan A is to persuade them from continuing the claim. Brig's good advice should be followed for that. Please send a letter off from post #4. Signed for and keep a copy for Plan B...

 

Plan B. If they are not persuaded then you really have to defend the claim. CB's advice is spot on. Please read the thread they posted and other threads about people defending. There is a strict protocol that needs to be followed and failure means they win by getting "judgement by default". You need to understand this protocol.

[letsgetitsorted]

Hi

I had a claim from Lowell for a phone contract, and with help from the guys n girls here we managed to get it discontinued, the defence used was the one below, this was created by Andyorch (thank you again)..

hopefully you will also find it useful, if Lowells will not take your partners condition/health into account.

 

1. Paragraph 1 is neither admitted nor 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 Procedureicon 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. 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.

[milo26]

Thank you guys so much for the advice I am just trying to take it all in, I am going to have a good read through the protocol I need to follow.

 

He has no assets, the issue date was June 4th. Guys I am sorry for all the questions but how do I acknowledge and tell them I intend to defend

[BRIGADIER2JCS]

Thank you guys so much for the advice I am just trying to take it all in, I am going to have a good read through the protocol I need to follow.

 

He has no assets, the issue date was June 4th. Guys I am sorry for all the questions but how do I acknowledge and tell them I intend to defend

 

 

With no assets send that letter tomorrow there is absolutely nothing to loose and it could stop all action now.

[citizenB]

Thank you guys so much for the advice I am just trying to take it all in, I am going to have a good read through the protocol I need to follow.

 

He has no assets, the issue date was June 4th. Guys I am sorry for all the questions but how do I acknowledge and tell them I intend to defend

 

Ok, if hte issue date was June 4th, your timeline is as follows.

 

Issue date 04.06.2014 + 5 days for service = 08.06.2014 + 14 days to acknowledge = 22.06.2014 + 14 days to defend = 04 July 2014.

 

You acknowledge online - you will need to set up a Gateway account - the instructions for doing so should be on the claim and then on the site when you visit. You will need both the Claim reference and the password (which is about a third of the way down the page on teh right hand side of the claim form) to set up the accoutn - you will then be given another password/reference number. So have a pen and paper ready.

 

Decide if you are going to defend the claim - if you are, then tick the box that provides an extra 14 days to do this.

[citizenB]

Ok, you are sending a letter provided by Brig - but Please do not just sit back and wait for a response from Lowells. You MUST acknowledge the claim as I have advised above. You dont have to wait until the 22nd of June you can acknowledge the claim any time up until then. That way you have hte extra 14 days in which to decide if you are going to defend if Lowells dont discontinue before then.

 

The only questions that are silly or stupid are the ones you DONT ask

 

If you are struggling to understand the website, then telephone the number on the claim form and ask them to talk you through it

[BRIGADIER2JCS]

Ok, you are sending a letter provided by Brig - but Please do not just sit back and wait for a response from Lowells. You MUST acknowledge the claim as I have advised above. You dont have to wait until the 22nd of June you can acknowledge the claim any time up until then. That way you have hte extra 14 days in which to decide if you are going to defend if Lowells dont discontinue before then.

 

The only questions that are silly or stupid are the ones you DONT ask

 

If you are struggling to understand the website, then telephone the number on the claim form and ask them to talk you through it

 

 

Exactly YOU MUST AKNOWLEDGE/ notify intention to defend ASAP!!!!

[milo26]

Thanks I am writing letter now, and will acknowledge first thing in the morning, I will send letter 1st class recorded tomorrow, should I wait for reply of them to prepare the defense

[ims21]

Thanks I am writing letter now, and will acknowledge first thing in the morning, I will send letter 1st class recorded tomorrow, should I wait for reply of them to prepare the defense

 

No you must not await a reply before doing things.

 

Your primary concern should be adhering to the court's timelines as advised by citizenB.

 

Get that acknowledgement done.

[BankFodder]

Please read these new rules relating to the enforcement of debts incurred by or owed by people under a mental incapacity

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?426142-CONC-7.10-Treatment-of-customers-with-mental-capacity-limitations

[milo26]

Hi guys thank so much for all the advice given up till now,

 

I have acknowledged and I have sent letter. I am going to start preparing defense now. Should I get in touch with his Doctor for a letter?

[dx100uk]

whos the solicitor

carter or bw

 

dx

[milo26]

solicitor is Bryan Carter

[dx100uk]

opps missed a bit

 

and who was the mobile contract by please

 

dx

[milo26]

It was O2

[dx100uk]

ok thread title updated

 

don't rush on your defence

 

gather the info of course

 

but you have 33 days [day 1 is claimdate] to send it off

 

take your time

 

it wont hurt to send a CPR 31:14 [the right one!]

 

from the library tab top left

 

to LOWELLS - too

 

dx

[BRIGADIER2JCS]

Hi guys thank so much for all the advice given up till now,

 

I have acknowledged and I have sent letter. I am going to start preparing defense now. Should I get in touch with his Doctor for a letter?

Yes get a letter best to be prepared.

[ScarletPimpernel]

I'm just going to sound a note of caution.

 

The rules Bankfodder helpfully linked to earlier in the thread make clear how a creditor or DCA is expected to act when an individual lacks the mental capacity to make financial decisions.

 

We know that the individual was suffering from psychosis at the time the phone contract was entered into, but what about now? It seems to me that the important question is whether he lacks capacity to deal with his financial affairs at the moment, rather than in the past.

 

In other words, lacking capacity at the time of doing something doesn't necessarily absolve an individual from dealing with the consequences later on when they do have capacity, and if they do lack capacity on an enduring basis, then there are things that can be done to mitigate the effects. For example, many banks will make special arrangements to prevent overspending, or someone could have a power of attorney to deal with the individual's affairs.

 

It would be reasonable for a creditor to ask why nothing was done during any period of remission, or whether any action was taken to mitigate the financial effects of the condition, before agreeing to a repayment plan or stopping litigation, and of course these would also be legitimate questions to ask in court.