Lowell Bryan Carter Three Dongle Court Claim***Claim Discontinued***

[mutley12]

Hello,

 

 

Back in October 2011 I purchased a service plan dongle from 3G. I checked the area and they said it would work fine, but it never really did and I gave up after many protracted telephone conversations to get it working and stay connected. I returned the dongle to 3G quoting the Sale of Goods Act and asked them for a refund of monies paid as it was not fit for purpose. I heard nothing and I cancelled my direct debit.

 

 

The debt was sold on to Lowell Feb 14. Letters and harassing phone calls followed. I firstly requested statements of my account and I received a letter back from Lowell saying that these had been requested from 3G and my account was on hold. Nothing ever came through.

 

 

Then more chasing letters from Bryan Carter in June 2014 and finally Court Claim forms from Bryan Carter for Lowell.

 

 

I have acknowledged service. I am preparing to submit my defence - can I use the Sale of Goods Act as my defence in this case? The amount they are chasing is £305.01 plus court and solicitors fees of £85.

 

 

Thanks in advance

[AndyOrch]

What date is on the claim form mutley and if you could type out their particulars of claim (verbatim) less any identifiable data.

 

Regards

 

Andy

[mutley12]

Hi Andy,

 

 

The date of issue was 11 September 2014. I have been away on holiday, I acknowledged service online yesterday.

 

 

Particulars are:-

 

 

This claim is for £298.98 the amount due under an original 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 Ltd on 03/12/2013 and notice served pursuant to the Law of property Act 1925

 

 

Re: Three Mobile

A/C No. XXXXXXXXX

 

 

and the claimant claims £298.98

 

 

The claim includes statutory interest pursuant to S.69 of the County Act 1984 at a rate of 8%pa from the date of assignment of the agreement to date but limited to a max of one year amounting to £6.03.

 

 

Signed: Bryan Carter

 

 

Thanks for your help.

[AndyOrch]

Okay so your defence is due 13th October...plenty of examples of telecom claim from this bunch just search lowell/carter.

 

Regards

 

Andy

[mutley12]

Hi,

 

 

Ok thanks, I have sent off a CPR31.14 request to both BC and Lowell today. But I am sure I have previously done this and they came back and said it was agreed over the telephone and there is no written contract and one is not needed with a mobile type contract? is this rubbish?

 

 

Kind regards,

 

 

Jill

[AndyOrch]

No its correct...you have to adapt the CPR 31.14 to suit their particulars...a CCA is not applicable

[mutley12]

Now, I am a bit unsure of how to defend the claim as I know BC is in receipt of a copy letter returning the dongle back to Three and stating that I wanted a refund under the sale of goods act 1979 as it was not fit for purpose.

 

 

Is this irrelevant to the claim as the particulars are relying on the agreement? Or can they turn round and say I must of acknowledged some sort of agreement to be returning the item, even if they are not in possession of any written agreement.

 

 

I am thinking of putting something like:-

 

 

The defendant requires the claimant to provide proof of any contract in the defendant's name with full details of how the contract was arranged and a statement of account from the original creditors.

 

 

Is that enough do you think? Sorry, im just a little confused.

 

 

Thanks

 

 

Jill

[AndyOrch]

Its a very straight forward defence that is used in these circumstances..makes no odds re acknowledgement. Obviously judging from your last post you have not search like threads I have referred to in post no#4 above?

 

Andy

[mutley12]

Well yes I have but I could not find anything exactly the same as mine with me returning the item, so I just wanted to check.

 

 

Thanks

[AndyOrch]

http://www.consumeractiongroup.co.uk/forum/showthread.php?405674-Carter-lowells-Claim-old-3-mobile-debt-disputed-returned-phone-help!!/page2&highlight=players4you

 

Defence is at post #35

[mutley12]

Thanks very much for that, I appreciate it. I am preparing my defence now.

 

 

Kind regards,

 

 

Jill

[mutley12]

OK,

 

 

So got a standard template reply letter from BC to the CPR 31.14 as stated in other posts I have read referring me to my own records blah blah blah but also acknowledging my defence which I sent in. It states that the Court will now contact all parties with notice of allocation, any further directions and notice of hearing. I was hoping it would be dropped at this stage??

 

 

Also on the same day received a BC letter banging on about how CCJs can ruin my credit and its not too late to sort it out etc.

 

 

What will usually happen now?

[AndyOrch]

The court will issue a Directions Questionnaire which you should complete and return by the stated date...then the claim will be allocated and transferred to your local County Court.

[mutley12]

Ok thanks for that, beginning to wonder if I should just pay up as I don't really want to go to court and what if it all goes wrong and I end up with a CCJ, plus my partner doesn't even know anything about all these letters and hassle Im having and what if somebody turns up at the house. What a set of bastards.

[AndyOrch]

Well you was going to get a CCJ anyway...even if you did nothing so at least you are trying to defend.

[mutley12]

Hi,

 

 

I have today filled in the directions questionnaire and returned it as per instructions on other threads - so we will see what happens now.

[AndyOrch]

Excellent mutley...dont forget copy to claimant.

[mutley12]

Really, thanks for that I would not have sent them a copy, but will now.

 

 

Cheers

[AndyOrch]

And they should reciprocate...say should loosely:razz:

[mutley12]

Update - the court date was 31st march and I have just had a letter from BC by way of service Notice of Discontinuation of this case! Fabulous! Thanks for all your support.

[AndyOrch]

Excellent Mutley.

 

Thread title amended to reflect the outcome.Just make a check with the court that they have received same notice.

 

Well done.

 

Regards

 

Andy

[mutley12]

Hi Andy,

 

 

I have just checked with the court and yes they have received it. Do I need to inform Experian of this and would they amend my credit file do you think?

 

 

Kind regards,

 

 

Jill

[AndyOrch]

Afraid not...the fact is that they have discontinued their claim.....does not take away the fact that the debt remains.