Lowell/Carter Claim form for 3 mobile account***Claim Dismissed***

[linz2011]

Hi

I have received a claim form and intend to fight it but I am unsure what I need to send as I understand mobiles are not regulated under the CCA?

 

Any advice?

 

Thanks

[fkofilee]

Uncle Bryan and Lowell think mobiles are easy money, but weve had various victories here.

Somewhere on the legal thread is the post where you have to fill in if you receive a claim form.

 

I cant post it as im on mobile, however see if you can find it...

[linz2011]

thank you

[fkofilee]

First post here

 

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

 

Copy paste the first post, fill in the answer

[unclebulgaria67]

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

 

See the link above. You will need to provide a bit more info and the link will tell you what is needed.

 

Mobile contracts are not covered by the CCA.

 

You need to think about what reasons for dispute you can raise. You should try and defend it if you can, as otherwise you will get a default judgement.

[linz2011]

Name of the Claimant Lowell Portfolio

Date of issue – 12th May 2015

What is the claim for

The claim is for £400.00,

the amount due under an agreement between the original creditor and the defendant to provide finance and/or services/or goods.

This debt was assigned to /purchased by Lowerll on 8/3/11 and notice was served pursuant to the law of property act 1925.

 

Particulars re: Three mobile. a/c number XXXXXXXXXX

 

and the claimant claims £400.00.

The claim also claims statutory interest pursuant to S.69 of the County Act 1984 at a rate of 8% per annum

from the date of assignment of the agreement to date but limited to a minimum of one year and a maximum of 1000 amount to £30.00

 

What is the value of the claim? £500.00

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

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

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. assigned and Lowell have issued

Were you aware the account had been assigned – did you receive a Notice of Assignment? Do not recall

Did you receive a Default Notice from the original creditor? No

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Why did you cease payments? I do not remember the account

What was the date of your last payment? December 2014 - Lowell called and tricked me into paying something - I paid £1.50 for 3 months

Was there a dispute with the original creditor that remains unresolved? No

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? No

[unclebulgaria67]

Do some searching for previous threads, as they may help you. Obviously each case is different, but you may find some things you can use.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?433597-Bryan-carter-t-mobile-debt.-court-claims-help***Claim-Dismissed***

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?422417-Carter-Lowells-Claim-form-for-old-3-mobile***Claim-Discontinued***

[url=http://www.consumeractiongroup.co.uk/forum/showthread.php?433597-Bryan-carter-t-mobile-debt.-court-claims-help***Claim-Dismissed***][/url]

[dx100uk]

urm.. so poss could have already been statute barred when lowells spoofed you in dec 2014?

 

what does your credit file say please?

 

dx

[unclebulgaria67]

Why did you make payments to Lowell regarding a 3 mobile phone contract you did not remember having ?

 

 

What is the history re mobile phone contracts ?

 

 

Was this a phone you received and it did not work, so you returned,

but they kept the contract going, hence them asking for the amount they have ?

 

You will need to ask Bryan Carter for evidence of the 3 mobile contract in your name and a copy of the last statement of account from 3 mobile.

You can do this by sending a CPR 31.14 letter to them ( standard recorded delivery advisable).

[linz2011]

I rang to make an arrangement for another account and

 

whilst on the phone he said oh there is another account here I will put £1.50 per month to this and reduce your monthly payment.

 

Was all a bit rushed.

 

I do not recall ever having a mobile phone account with 3.

 

I will do what you suggest.

 

Many thanks all

[dx100uk]

credit file

 

 

something smells here

they cant just do that

esp on the phone!

 

 

which is why you should NEVER EVER phone a fleecing DCA!!

 

 

NO exceptions!

 

 

dx

[linz2011]

I have this response from BC.

 

We write further to your letter of 14th May requesting disclosure under Part 31 of the Civil Procedure Rules.

We confirm the claim form was issued by the CCBC and that the courts protocol was followed when issuing the claimants particulars of claim. Practice direction 7C point 1.4(3A) eliminates the requirements to attach the documents to the particulars of claim when they are issued by this court.

 

We confirm this matter will most probably be allocated to the small claims track as this is a simple contractual matter and part 31 of the civil procedure rules will therefore not apply. In any event the notices of default and assignment left the control of the claimant when they were dispatched to you.

 

It is the original creditors policy to issue agreements at the start of the contract and statements throughout the duration of the agreement and in this regard we ask you to refer to your own records.

 

We confirm our client is not agreeable to an extension for filing the defence.

 

As you will be aware a claim was issued in this matter on 12 May and we are in receipt of your acknowledgement of service. Please respond to the claim using the response pack provided by the court. You should comply with the deadlines outlined by the court in order to avoid a default judgement being entered against you.

 

We recommend you seek independent legal advice.

[AndyOrch]

Standard response and his way of avoiding compliance to your request.

[dx100uk]

Go get your credit file

[linz2011]

credit file shows nothing?

[dx100uk]

good

I suspect this account was already statute barred by the time they [lowells] fleeced the £1.50's out of you.

 

somehow you need to confirm this

 

why not take a punt and ring 3 and ask when your last payment or use of the account was?

 

dx

[linz2011]

will do - will report back

[linz2011]

UPDATE.

I sent the £10 off to 3 for all my details. They have replied.

 

I write further to your request for a copy of personal data which Three may hold about you.

 

I note that you have provided the relevant payment of £10.

 

We also request that you provide proof of your identity.

 

 

A copy of your passport or photo ID drivers license along with a utility bill would be sufficient proof of identity.

 

 

Please let me know if this causes any difficulties.

 

 

After searching our systems we have discovered some account which may belong to you,

 

 

however these have very different addresses and surnames.

 

 

Please provide any proof of older addresses and any name change.

 

Any advice what to do next?

[dx100uk]

you should have included those details with the SAR

 

list of old addresses etc

and a current CTAX bill to prove who you are now.

 

and did you ring 3 as advised?

 

and have you ack'd the claim on mcol?

[linz2011]

i spoke to three and they advised again as per the letter.

 

I am confused as my name is the same? why would they say my name is different?

 

claim is acknowledged so i have 33 days from 12th May to get a defence in

[dx100uk]

what you should have done is phoned them when advised as they might have released the data

phoning after sending the abortive SAR tipped them off.

 

 

I wonder if you got the required details to them ASAP

they'd tell you what you wanted over the phone then

as time for the sar to run its course and your deadline is getting tight

 

 

dx

[linz2011]

My name is the same though so not sure why they are saying its different. I am going to ring them again today and try to find out will update later today

 

UPDATE

I have spoke to 3 and they were very helpful.

Account was opened 24th December 2007.

 

 

Last payment received 11th July 2008.

Balance of £214.95 was passed to DCA on 1st October 2008.

 

So what should I do now?

 

 

Should I still send information requested for the SAR?

[Bazooka Boo]

SB then?

[linz2011]

Unfortunately not because I unwittingly paid £1.50 to it to Lowell just recently.

 

 

I was arranging to pay something else with them and they said you have another account here I will pay £1.50 to it - all very clever

[Bazooka Boo]

Unfortunately not because I unwittingly paid £1.50 to it to Lowell just recently.

 

Which is why you should never discuss anything with a powerless DCA over the phone.

 

However, when was the date you paid them this £1.50 under false pretences?

I still think this could be SB, making a payment after it is SB will NOT unbar it.