Claim Form - Lowell/Carter - old 02 mobile 'debt'

[DOS1392]

Hello all,

 

I'm here to ask for a bit of help,

 

 

My uncle recommended you guys, so I hope you can help.

 

When I got home today

I had a letter through the door (11/12/2014) from County Court Business Centre.

below is the information i believe you require,

 

 

now if im correct, i think there may be a mix up. as its dated 26th november 2014.

 

Name of the Claimant ? Lowell Portfolio Limited

Date of issue – . 26th November 2014

What is the claim for –

 

 

"THIS CLAIM IS FOR 381.34,

THE AMOUNT DUE UNDER AN AGREEMENT BETWEEN THE ORIGINAL CREDITOR

AND THE DEFENDENT TO PROVIDE FINANCE AND / OR SERVICES AND/ OR GOODS.

 

THIS DEBT WAS ASSIGNED TO / PURCHASHED BY Lowell Portfolio I Ltd, ON 07/03/2013

AND NOTICE SERVED PUSUANT TO THE LAW OF PROPERTY ACT 1925.

 

PARTICULARS:

RE- O2 (UK) Ltd

A/C NO .......*** ,

AND THE CLAIMENT CLAIMS 381.34

 

THE CLAIMENT ALSO CLAIMS STATUTORY interest PURSUANT TO S.69 OF THE COUNTY ACT 984

AT A RATE OF 8% PER ANNUM FROM THE DATE OF ASSIGNMENT OF THE AGREEMENT TO DATE

BUT LIMITED TO A MAXIMUM OF ONE YEAR AND A MAXIMUM OF 1000 AMOUNTING TO 30.51

 

"£381.34 for debt of phone contract "

 

What is the value of the claim? 381.34

Is the claim for a current or credit/loan account or mobile phone account? Mobile (O2)

When did you enter into the original agreement before or after 2007? After

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 Purchasher (Lowell)

Were you aware the account had been assigned – did you receive a Notice of Assignment? "Not that im aware of"

Did you receive a Default Notice from the original creditor? Not that im aware of

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? "Not That Im aware of"

 

Why did you cease payments?

"I had Lost my job, I remember phoning them asking if i could send the phone back

and they said no, and i had informed them that i was not able to pay it."

 

What was the date of your last payment? back in 2010

Was there a dispute with the original creditor that remains unresolved? "only what i had said above"

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? "No as they wouldnt let me because I had no income at the time"

also total ammount including court fee + solicitors fee is £496.85.

Please could someone try and help based on the information i have tried to provide.

 

 

I hope its enough, but whats worrying me is that it dated the 26th november and it only came today.

 

 

if you have any more questions or if you could help me with the next steps that would be great and i would be so thankful.

 

Regards.

 

Dan

Edited December 12, 2014 by DOS1392

[citizenB]

26th November ??? Is there a posting date on the envelope ?

 

If the issue date is correct, then your timeline is as follows :-

 

26 November + 5 days for service = 30 November 2014 + 14 days to acknowledge = 14 December + 14 days to submit a defence = 28 December. I am not absolutely certain, but you might get a couple of days extra because of the bank holiday. I will check for you. I will also find someone who can help.

 

You must acknowledge the claim before 14th December in order to obtain the extra 14 days to submit a defence.

[DOS1392]

hello, thank you for your reply.

there was nothing on the envolope apart from my address,

it says on the letter that i can do something online,

would that be an asset in this case?

 

if you could help me(or as you said, get someone who could help) that would be great.

 

Thanks.

 

Dan

[citizenB]

You MUST acknowledge the claim by the 14th December - you can do this online, yes and you can then later submit a defence, by the 28th December in the same way.

 

You will find a password a little ways down the claim form on the right hand side - you will need that and the claim reference to obtain a further password for the MCOL gateway.

 

All you are doing at this time is acknowledging that you have received the claim - tick the box that you are going to defend (if that is your intention) and you will get the extra 14 days.

 

Someone will look in on you as soon as they can, if not tonight, certainly tomorrow.

[DOS1392]

Thank you for your help so far. so would my best bet be logging on now and saying im going to defend? or should i wait until tomorrow so others here can have their say?

 

thanks once again for your speedy replies.

 

Dan

[AndyOrch]

Can you type out the full particulars DOS (verbatim) less any identifiable numbers/data

 

Regards

 

Andy

[DOS1392]

Can you type out the full particulars DOS (verbatim) less any identifiable numbers/data

 

Regards

 

Andy

 

"THIS CLAIM IS FOR 381.34, THE AMOUNT DUE UNDER AN AGREEMENT BETWEEN THE ORIGINAL CREDITOR AND THE DEFENDENT TO PROVIDE FINANCE AND / OR SERVICES AND/ OR GOODS.

 

THIS DEBT WAS ASSIGNED TO / PURCHASHED BY Lowell Portfolio I Ltd, ON 07/03/2013 AND NOTICE SERVED PUSUANT TO THE LAW OF PROPERTY ACT 1925.

 

PARTICULARS:

RE- O2 (UK) Ltd

A/C NO 1013855*** ,

 

AND THE CLAIMENT CLAIMS 381.34

 

THE CLAIMENT ALSO CLAIMS STATUTORY INTEREST PURSUANT TO S.69 OF THE COUNTY ACT 984 AT A RATE OF 8% PER ANNUM FROM THE DATE OF ASSIGNMENT OF THE AGREEMENT TO DATE BUT LIMITED TO A MAXIMUM OF ONE YEAR AND A MAXIMUM OF 1000 AMOUNTING TO 30.51

 

"

 

I hope that helps

[AndyOrch]

Perfect...many thanks

 

Okay so I assume you will be defending this claim...thats the reason you are here.You cant request a copy of the agreement on mobile accounts because its a service contract agreement rather than a credit consumer agreement covered by the CCA1974...that's one of the reason our friends above buy these delinquent accounts.

 

You cant really use a CPR 31.14 request because there are no documents to request from their particulars apart from the Notice of Assignment...which invariably MR C never responds to or if so states you have already had it.

 

So where do we go...first you will acknowledge service of the claim you have 19 days to do this from the date on the claim form (date being day 1).

You can register to use the MCOL online web service to do this..once you have registered you will be given a username...the password is already on your claim for.

 

When you acknowledge service simply tick defend all...nothing else (at this stage)..you have a further 14 days to submit your defence..so in total you have 33 days.

 

We have various successful defences already prepared when dealing with the above claimant on mobile claims...once a defence is submitted ...usually they discontinue the claim...because its not viable to proceed and process the claim against you for the amount involved verses what they have paid for the debt.

 

OK for now?

 

Regards

 

Andy

[AndyOrch]

You must acknowledge service before Sunday 14th.

[DOS1392]

hi andy, i just registered, went to defend against all and it came up with this:

 

Defence - Defence Particulars

 

 

 

and wants a discription, i thought i had a time limit?

 

sorry i clicked on the wrong part, i am now on the AOS however what do i select for this part:

 

Contest Jurisdiction

 

??

 

 

 

 

thanks.

 

 

Dan

[AndyOrch]

No just acknowledge service and enter your plea...defend all ....then exit.

 

Andy

[DOS1392]

thanks once again andy!

 

ok, so now ive sorted the AOS (forgive my eagerness/scarediness) but what is the next point of call?

[AndyOrch]

Keep your eye on the defence date...have a read of other similar mob threads...take a look in the success forums were you will see the defences used...in particular mobile/Lowel/carter threads.

[DOS1392]

just a quick update.

 

got a letter through saying they have recieved my defence. lets see where we go from there shall we.

[AndyOrch]