Claimform lowells/BW - old 3 mobile 'debt'

[geee]

I've been issued with court papers from an old debt from Three/lowells/BW Legal

Is there a secure/private part of the forum I can ask questions and get help with writing my defence?

[dx100uk]

this is the forum , you have found it

 

 

please fill out the following

 

 

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

 

 

and post it back here

[geee]

Thanks for that..

I'll fill in the details tomorrow but I'm afraid I've left it a little late posting on here! Claim form was dated the 9th Sept I think but will confirm tomorrow.

I've done my AOS.

 

Will BW not see what's going on here?

[dx100uk]

so what hundreds of like threads here

 

 

its no hiding game anymore

 

 

have you send CPR?

 

 

dx

[dx100uk]

if its was the 9th sept you've a good few days yet to submit

[geee]

Not sent CPR yet as wasn't sure how to proceed

[AndyOrch]

If you complete dx,s link in post 2 and tell us the details we will then be able to advise on how to proceed.

 

Andy

[geee]

Name of the Claimant ? Lowell Portfolio 1 Ltd

 

Date of issue 9th September 2014

 

What is the claim for?

The claimant's is for the sum of £563.46 being monies due from the Defendant to the claimantunder a non regulated communications agreement between the defendant and Three mobile

Under account ref ****** and assigned to the claimant ao 09/03/2011 notice of which has been given to the defendant.

the defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.

the claim also includes statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8.00% per anum (a daily rate of 0.11 from the date of assignment of the agreement to the date of issue being an amount of £128.00.

 

What is the value of the claim? £563.46 (ammount claimed)

 

Is the claim for a current or credit/loan account or mobile phone account? mobile phone.

 

When did you enter into the original agreement before or after 2007?[/color][/color] I think I started with Three in 2005 but canceled the contract Nov 2006..

I cancelled my contract as I was emigrating to Spain and this was the end of my contract.

The next day they phoned me and offered me a pay as you go deal that in brief I was told it was pay as you go with £400+ credit etc (my monthly bills were £150-£200 a month so thought they just wanted to keep me till I emigrated in Jan 2007), so used till I moved to Spain then paid the £4 balance that I had gone over and that was March 2007.

They have been trying to get me to pay for a full years contract since saying it was a contract I took when I believe it wasn't! Why wouldn't I of taken a nice new handset???

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I need to find the file as it's thick as this has been going on for years! (will update this)

 

Did you receive a Default Notice from the original creditor? Yes for £97!

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure, I need to find the file as it's thick as this has been going on for years! (will update this)

 

Why did you cease payments:- March 2007 was the last payment I made but I did a SAR to which they replied that they had used this money to pay off part of the balance! (letter to prove)

 

Was there a dispute with the original creditor that remains unresolved? I claim I was missold the contract as I cancelled my contract Nov 06 as I was emigrating to Spain and this was the end of my contract.

The next day they phoned me and offered me a pay as you go deal that in brief I was told it was pay as you go with £400+ credit etc (my monthly bills were £150-£200 a month so thought they just wanted to keep me till I emigrated in Jan 2007), so used till I moved to Spain then paid the £4 balance that I had gone over and that was March 2007.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? NO

 

What you need to do now.

 

Answer the questions above

 

If you have not already done so – send a CCA1974 request to the claimant. where do I find this?

 

Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts. where do I find this?

[geee]

I was originally defaulted by Three for £97 - 09/12/07

But Lowells and Red have been pursuing me for £435.46

 

I think this is Statured bared but have some info I don't want to be seen public!!

[AndyOrch]

Okay geee many thanks......

 

Section 77/78 (CCA request) is not applicable to mobile phone contracts so disregard.PM me the details re SB if you wish to keep it off forum.

 

Regards

 

Andy

[AndyOrch]

Okay so wrote to the claimant in 2011 and made a F&FS offer without prejudice ...they made a response offering a payment plan.

 

What date was the last payment to the account?

 

Andy

[geee]

March 2007

[AndyOrch]

I personally think your offer could not be construed as an acknowledgement...was made WP...last payment March 2007.....I would therefore submit the statute barred defence.

 

Regards

 

Andy

[geee]

I personally think your offer could not be construed as an acknowledgement...was made WP...last payment March 2007.....I would therefore submit the statute barred defence.

 

Regards

 

Andy

Can I defend on two counts? SB & miss sold? Do I also bring it to the courts attention the fact they used my SAR fee to pay some of the balance?

[AndyOrch]

Its not recommended to mix the two types of defence......as it tends to dilute its effect.A SB defence is the ultimate defence and does not require any additions to defeat a claim.

 

You need to decide which way to defend..one or the other.

 

Andy

[geee]

Thanks Andy

 

So I stand a better chance of going SB as I've not paid since march 07? Not sure on how to write my defence up but do I add that they paid £10.00 off the balance from using my SAR fee?

Do I supply the letter they sent saying they'd paid it from my SAR fee?

[AndyOrch]

No you dont add anything....

 

 

1 The Claimant's claim was issued on ( insert date).

 

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

[geee]

Tnanks Andy

 

So that above is what I put as my defence and that's it?

Nothing about them paying with my SAR fee?

Will I need to attend court? If so do I counter claim?

[AndyOrch]

Tnanks Andy

 

So that above is what I put as my defence and that's it? Thats all required as its Statute Barred

Nothing about them paying with my SAR fee? No if the debts dismissed are you really concerned about £10?

Will I need to attend court? Depends if they proceed if so yes If so do I counter claim?

For what ? £10?

 

Andy

[geee]

My only concern is if the court see it as a payment made by me?

[AndyOrch]

Then you tell them it was for a DSAR...not payment towards the account.

[geee]

Defence submitted as below... Thanks Andy

 

1 The Claimant's claim was issued on 9th September 2014

 

2 The Defendant contends that the Claimant's claim so issued is a

claim in contract and is statute barred pursuant to the provisions

of section 5 of the limitation acticon 1980. If, which is denied,

the claimant contends that the Defendant is in breach of the

alleged contract, in excess of 6 years have elapsed since the date

on which any cause of action for breach accrued for the benefit of

the Claimant.

 

3 The Claimant's claim to be entitled to payment of £693.46 or any

other sum, or relief of any kind is denied.

[AndyOrch]

[geee]

What happens now? Do I wait for a reply in the post or something?

[AndyOrch]

They have 28 days to respond...if they fail the claim is stayed if they reply and tell the court they wish to proceed.....then the claim is allocated to your local county court.