Lowel/BW claim form - EE mobile phone 'debt'

[Ryanuk]

Hi everyone!

 

I'm looking for some advice after

 

I received a claim form from Northampton county court and BW legal.

This is the first time that I can remember having any contact from this company. But it's possible I have forgotten.

They say I owe EE for an iPhone contract I didn't pay.

 

When I was younger I wasn't the best with money.

I was immature and ended up getting credit then I losed my job and my home.

 

Luckily I have some amazing friends and I got back on my feet but I still had all this debt.

Over the next few years I moved from place to place and the debt followed me round.

 

At the time I was just realising that they kept finding me because somehow,

when I told my bank I had moved address (natwest)

I would then receive a load of debt letters.

 

The next time I moved house I changed my bank account address to my parents

and I never received anymore debt collection letters in my new address.

 

After a few months I rocked up at RBS with my tenancy agreement,

home insurance certificate and council tax bill and opened up a new bank account.

 

I was sneaky about this and said my previous address was my partners parents house and that I'd never had credit

or even a bank account because I was stupid with money. My parents managed it all for me I told them.

 

I'm guessing some people won't agree with what I did but anyone and I mean anyone who has experienced the truck loads of debt letters

falling through the door, the telephone calls and the threats from these companies

will agree you just end up totally beaten and in the end you will do anything to make it stop.

 

what I did worked and I realised I had a shiny new credit report with no defaults.

Three years on I still have the perfect of credit file but. I received a random claim from Lowell and BW legal ,

 

I thought the best thing to do was to respond to the claim saying I was going to defend it on the grounds that I don't believe the account is owned by me.

 

I was thinking they may drop them claim but now I'm worrying myself sick about it.

According to the claim form a default notice was issued against me back in 2011.

Obviously my credit file does not reflect this default or any default at all because of what I have done.

 

Have I done the right thing?

Or do I need to do anything else?

Preferably without having myself into the local police station!

[dx100uk]

please can you fill this out

so that we have all the info to best advise you

 

 

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

 

 

dx

[fkofilee]

Im going to guess this is Lowell chasing if its BW Legal. DX is looking at the thread, they will assist.

[Ryanuk]

Here you go and thanks.

I'm not able to answer some of the questions my memory is not the best.

 

 

I have had no contact with lowel at all.

I have their number blocked in my phone and return all their letters to them saying not known here.

I was thinking because my credit files does not show anything from my past that was the best thing to do.

 

Name of the Claimant Lowell Portfolio 1 Ltd

Date of issue – 28/07/2015

Date of def = 28/08/2015

 

What is the claim for –

 

1.the claimants claim is for the sum of £1,864.10 being monies due from the defendant to the claimant

under a mobile telecoms agreement regulated by the consumer credit act 1974 between the defendant

and everything everywhere limited under account number XXXXXX

and assigned to the claimant on 30/06/2013 notice of which has been given to the defendant.

 

2.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

3.The claim also includes statutory interest pursuant to section 69 of the count courts act 1984 at a rate of 8%

per annum a daily rate of £0.41 from the date of the assignment of the agreement to 30/06/2014 being an amount of £150.06

 

What is the value of the claim? £ 2000

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? Its going to be after 2007

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 issues claim

Were you aware the account had been assigned – did you receive a Notice of Assignment? I did receive some letter from Lowel which I returned to them unopened

 

Did you receive a Default Notice from the original creditor? Possibly, but to look at my credit file now there is no default notices on it.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that i'm aware of. At least not for the past 3 years

 

Why did you cease payments? I'm unsure. I don't even remember having the contract

 

What was the date of your last payment? Again i'm unsure

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

Edited December 13, 2015 by Ryanuk

[fkofilee]

Bingo, how right was I... Right have you logged onto MCOL yet?

 

WHAT!!! £2200 for an EE Contract!??!?!?!?!?! How much was the price plan per month?!?!?!?!?!?!!?

[Ryanuk]

I don't even know what MCOL is! I cant even remember having this contract it was years and years ago.

[fkofilee]

MCOL is the Courts System to defend etc etc for Court Cases...

So youll need to look at the claim form, itll give you a password. When you have gotten it, go to https://www.moneyclaim.gov.uk/web/mcol/welcome

 

Register as an individual and use the Claim Reference and the Password. Defend All and leave jurisdiction unticked.

Now you go on an information investigation with EE and Lowell...

 

Time to wake up, if you dont defend this right, youll end up with a corker of a CCJ. This wont be easy money to Lowell and co...

[dx100uk]

read the claimform

all is on there

 

go ack the claim [AOS]

on the MCOL website

defend all

leave juris unticked

 

hang on.

 

date of claim 28/7/2015????

 

dx

[Ryanuk]

Thanks for the response

 

 

on the claim form there is no reference to a password for any website.

 

 

In fact in anything I got sent there was nothing mentioning passwords.

 

 

I had a claim form,

with a reply pack which I sent back saying i was going to defend the claim in the grounds i don't believe the account is owned by me.

I figured I would do this then seek advice.

 

But there's no passwords listed in anything I was sent

[fkofilee]

Ive just noticed that too?!?! Errrrrrrr.............. This isnt good....

Scratch the above..

 

 

. Can you spare maybe £4 now and maybe look at Noddle, Clearscore and Trust Online?

[Ryanuk]

That's what it says 28/07/2015

[Ryanuk]

I have noodle. There's nothing on my credit file relating to this

[fkofilee]

Under Public information? ...

 

Did it come through the post or was it given to you? They may already have a CCJ!

[Ryanuk]

I have checked again. there's nothing there

[dx100uk]

when did you receive that claimform and how?

 

 

dx

[Ryanuk]

This came in the post on Friday and I sent the defence thing back the same day. I also just registered for Clearscore and theres nothing in relation to this on their either. According to my credit file this contract never existed.

[fkofilee]

Genuinely its dated the 28th July? Something smells massively!

[Ryanuk]

I have uploaded a picture of the issue date here >

 

 

http ://500mb.co.uk/#/view/file/bofxzgk9depamf3syqrq/IMAG1506.jpg

[dx100uk]

pop itup as PDF here

 

 

follow the upload

 

 

dx

[dx100uk]

This came in the post on Friday and I sent the defence thing back the same day. I also just registered for Clearscore and theres nothing in relation to this on their either. According to my credit file this contract never existed.

 

 

why did you send it back

what did you put

and to whom did you sent it?

 

 

dx

[Ryanuk]

Here you go.

 

 

This is what I received on Friday in the post.

 

 

I sent it back in a panic!

 

 

I just stated I was going to defend the claim on the grounds

I don't believe the account belongs to me.

Because according to my credit file it doesn't

Edited December 13, 2015 by Ryanuk

[dx100uk]

pers info showing

removed

[Ryanuk]

Sorry forgot to blank out some of it.

[dx100uk]

is that ALL that came no letter too?

 

 

dx

[fkofilee]

Ive seen it on that link... Thats really weird!

 

Unless the claim was stayed and BW Forgot?