Carter/Lowell claim form o2 'debt'***Claim Discontinued***

[Flipflop29]

Hi All,

 

I am new to this site! Thank you for all the invaluable advice on here. It has really put my mind at ease.

 

This is my story -

 

I received a county court claim from Northampton CCBC on the 19/09/14 (Issue date 12/09/14).

The claimant is Bryan Carter/Lowell.

The alleged debt is for £165 + court fees + solicitors fees.

This is apparently from 3 mobile.

 

I'm not sure this debt is mine.

However, I did have a 3 mobile contract about 5/6 years ago when I was a student.

I'm fairly sure I closed my account to go traveling.

 

 

On my return, in the years that followed I have had a few sporadic letters from Lowell claiming I owe money,

but I never chased it up as I was too scared.

 

As I am unsure this is mine,

I plan to dispute this claim,

and will be sending the acknowledgment form in the next few days.

 

These are the details on the claim form.

-------

 

Particulars of claim

THIS CLAIM IS FOR 165.14 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 Portfolio I Ltd ON 04/03/2011

AND NOTICE SERVED PURSUANT TO THE LAW OF PROPERTY ACT 1925

 

PARTICULARS

RE: THREE MOBILE

ACC: XXXX

 

AND THE CLAIMANT CLAIMS 165.14

 

THE CLAIM INCLUDES STATUTORY INTEREST PURSUANT TO S.69 OF THE COUNTY ACT 1984

AT A RATE OF 8% PER ANNUM (A DAILY RATE OF 0.03) FROM THE DATE OF ASSIGNMENT OF THE AGREEMENT

TO DATE BUT LIMITED TO A MAXIMUM OF ONE YEAR AMOUNTING TO 14.18.

 

--------------------------------

 

Should I send them a prove it letter?

 

 

I have been reading up this forum and some advise to send a CPR and others a CCA.

I'm not sure which one I should send.

Please could you advice me on how to go about it.

I have been losing my mind ever since I received this claim and have been unable to sleep.

 

Many thanks,

 

Flipflop

[dx100uk]

the only thing you can send is the correct CPR from the legal library

via the tab top left

 

 

dx

[Flipflop29]

Thank you for your quick reply so late at night. I will send the CPR and keep you posted.

 

x

[Ganymede]

Thank you for your quick reply so late at night. I will send the CPR and keep you posted.

 

x

 

The odds are you won't hear anything back from the Claimant's solicitor but regardless of what you do/do not receive you must file your Defence on time.

[Flipflop29]

Hi Again, I think I am looking in the wrong place but I can't find the CPR letter template. Would you please be able to provide a link.

[dx100uk]

library tab top left

legal section

 

 

dx

[Flipflop29]

Got it, thanks! Was looking in 'debt' section.

[Flipflop29]

Ok, so the template letter says, 'delete as appropriate'. Am I right in saying that on my 'Particulars of claim' they only mention -1: the agreement and 2: the assignment? So do I delete the rest?

 

I don't think it mentions anything about - 3: the default notice, 4: the termination notice, 5: statement of account, or does it?

[dx100uk]

there is no agreement with phone accounts

 

 

notice of assignment

 

 

I think is the only thing

 

 

dx

[AndyOrch]

Responding to your PM Flippy

 

Yes send the CPR to Lowell in this instance and only request the Notice of Assignment.

 

Regards

 

Andy

[Flipflop29]

Many many thanks! You have all been so great. I was actually shaking when I received this claim and now I feel so much better.

 

Going to write the CPR now.

[Flipflop29]

Should I only send to Lowell?

 

The Claim form says:

 

Claimant - Lowell

Address for sending documents - Bryan Carter

[AndyOrch]

Normally you would but with that Solicitor we advise direct to the claimant.

[Flipflop29]

Cool thanks!

[Flipflop29]

Ok guys, CPR was, and received by claimant. Now I'm going to prepare my defence. I'll keep you posted.

[dx100uk]

you don't need to file until/by midnight tuesday 14th oct

[Flipflop29]

Oh really? Ok thanks, that's great.

[Flipflop29]

Hi all you lovely people, I'm back.

 

After I sent the CPR, I received the standard response saying they do not need to send me proof and to check my own records. (No surprise there).

 

I have been working on my defence from a few different templates I found and here it is.

 

------------------------

 

In the County Court Business Centre, Northampton

Claim number: XXXX

 

Between

 

Lowell Portfolio I Ltd – Claimant

 

And

 

XXXXX – Defendant

 

 

 

The defendant denies any and all claims of indebtedness as so alleged by the claimant to any and all sum(s) claimed and therefore requires of the claimant as to strict proof of each and every fact pleaded in their particulars of claim.

 

1) The defendant demands by reason of the provisions of CPR PD 16 para 7.3, that the claimant provides a certified copy of the alleged written agreement referred to in the particulars of claim, as the defendant recalls signing no such document.

 

2) The defendant denies receiving any notice of assignment sent under the hand of the assignor in accordance with s.136 of the law of property act 1925, and puts the claimant to strict proof by providing a copy of said notice as referred to in the particulars of claim.

 

3) The defendant demands that in accordance with s.136 (1) of the law of property act 1925, that the claimant provides proof of absolute assignment, by providing a certified copy of the deed of assignment between the assignor and Lowell Portfolio I Ltd to show proof that Lowell Portfolio I Ltd had complete transfer and ownership (all rights, title, interest, benefits and liabilities) and that they have the power to give good discharge pursuant to s.136 (1) © of the Law of Property Act, as referred to in the particulars of claim.

 

4) The defendant demands that the claimant provides proof that every legal right was transferred to Lowell Portfolio I LTD, by providing a copy of the deed of novation signed in tripartite form by all 3 parties. Referred to in the particulars of claim.

 

The Defendant denies being served a Default Notice pursuant to the Consumer Credit Act 1974 by Lowell Portfolio I Ltd for the alleged agreement and puts the claimant to strict proof by providing a copy of said default notice as referred to in the particulars of claim.

 

The claim is therefore 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; 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; and

(d) show how and when the agreement was breached:

 

5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

6. Until such time the Claimant is prepared to respond and disclose the requested documents for the 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 have a few questions.

 

- Do I address this to anyone or say 'Dear Sir/Madam'? And should I sign and date it. I am going to lodge my defence on MCOL.

- How do I end it?

- Should I mention anything about the Claimant/Solocitor not providing any proof or responding with proof to my CPR?

- Should I mention anything about Three mobile as I have not actually mentioned this in the defence letter?

- I have also said that I deny the claim of debt, but to be fair I don't remember it and so I want to say I neither deny nor admit and just want to ask for proof. How do I say this? Also the notice of assignment. These letters started coming in after I went travelling, so maybe they sent me something but I didn't receive it. I also moved around a lot. I want to ask for proof. Can I still say I deny receiving the NofA?

 

Many thanks for the support.

[AndyOrch]

Needs serious work Flippy

 

Read here post#59 defence.......Carter just discontinued.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?390750-O2-Contract-Problem-carter-claimform***Claim-Discontinued***/page3&highlight=Lowell+claim+form+o2+%27debt%27

 

Andy

[Flipflop29]

Ok thanks. Working on it.

[Flipflop29]

I have to ask a very stupid question. What exactly is Paragraph 1, 2 and 3. Is that referring to the paragraphs in the PofC? In this case, what is paragraph 3?

[AndyOrch]

I have to ask a very stupid question. What exactly is Paragraph 1, 2 and 3. Is that referring to the paragraphs in the PofC? In this case, what is paragraph 3?

 

 

Yes...paragraph 3 is point 3 on that other persons thread particulars

[Flipflop29]

Ok fab, got it now!

[Flipflop29]

Ok take two! It's more or less a copy/paste but I added a bit about the original creditor.

 

Particulars of Claim

 

1.THIS CLAIM IS FOR 165.14 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 04/03/2011

AND NOTICE SERVED PURSUANT TO THE LAW OF PROPERTY ACT 1925

 

PARTICULARS

RE: THREE MOBILE

ACC: XXXX

 

AND THE CLAIMANT CLAIMS 165.14

 

THE CLAIM INCLUDES STATUTORY interest PURSUANT TO S.69 OF THE COUNTY ACT 1984

AT A RATE OF 8% PER ANNUM (A DAILY RATE OF 0.03) FROM THE DATE OF ASSIGNMENT OF THE AGREEMENT

TO DATE BUT LIMITED TO A MAXIMUM OF ONE YEAR AMOUNTING TO 14.18.

 

Defence

 

1. The Claimant's claim is for a debt is alleged to be owed to Three Mobile on A/C No. xxxxxxxxxxx. Paragraph 1 is neither admitted nor denied with regards to the defendant entering into an agreement with the original creditor, referred to in the Particulars of Claim (‘the Agreement’) and the Claimant has yet to disclose any such agreement.

 

2. Paragraph 2 is denied with regards to the Defendant owing any monies to the Claimant and the claimant has failed to provide any evidence of assignment 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 by the Defendant.

 

 

4. Notwithstanding the above should the alleged amount claimed 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 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 their service.

 

5. 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.

 

--------------------------

 

Do I need to mention anything about not receiving a default notice and a assignment notice (hmm......although maybe I did but don't remember)?

Am I right in saying I don't have a paragraph 3 on my PoC?

Edited October 9, 2014 by Andyorch
Particulars added

[AndyOrch]

Particulars added to check to defence.

 

Look at their no 2 flippy and look at your response 2?