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Lowells/Cohen Claimform - old 3 mobile 'debt'***Claim Discontinued***

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Hey guys I have received a County Court summons for £244.96 Inclusive of Court Fee @£25 and Legal Representatives costs @£50.

 

The original debt was from "Three Mobile" and it says I failed to maintain contractual payments. It says the debt was legally assigned to "Lowell Porfolio 1 Ltd"

 

I can't remember if I paid this in full or not as it was a few years ago.

 

Is there anything I can do about this?

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hi

 

 

to properly advise you

could you please fill these questions out

and copy/paste them here with your answers.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(2-Viewing)-nbsp

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Name of the Claimant ? Lowell Portfolio Ltd

Date of issue – 14th Jan 2016

Date to submit defence = - 15th Feb 2016 [33 days day one is the date on the claimform

What is the claim for –

 

 

1.The claim is for the sum of £157.37 due by the defendant under a non-regulated Three Mobile account with an account reference of ******.

The defendant failed to maintain contractual payments required under the terms of the account agreement.

The debt was legally assigned to the claimant on , notice of which has been given to the defendant.

2.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum

from the date of the assignment to the date of the issue of these proceedings in the sum of £12.59.

The claimant claims the sum of £169.96

 

What is the value of the claim? Amount claimed = £244.96

Is the claim for a current account (Overdraft)

or credit/loan account or mobile phone account? Mobile phone account with Three Mobile

When did you enter into the original agreement before or after 2007? Not known sorry

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. Lowell

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Can't remember sorry

Did you receive a Default Notice from the original creditor? Can't remember sorry

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Can't remember sorry

Why did you cease payments? I thought I had paid it in full??

What was the date of your last payment? Can't remember sorry

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 management plan? no

 

Thanx in advance :)

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go get your credit file from noddle listed below

does this give any clues to takeout date and defaulted date?


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Hey there, The only info I can get from the credit report was .....

 

Account start date 23/06/2009

Opening balance £ 88

Repayment frequency Monthly

Date of default 28/05/2011

Default balance £ 88

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and that's the same account number as in the claim POC?

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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No. On the noddle report it gives a few x's then 5 digits. They do not correspond with the account reference in the POC.

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not useable then ok worth a try.

 

ok time to get moving

 

ack the claim on the MCOL website

defend all

get a CPR [the right one! from the legal section of the library] running to the sols...who are?

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Do you mean this one = LEGAL : CPR 31.14 Request - Request for information when a Claim has been issued. ??

 

I send it to the solicitors who are = Cohen Cramer yes?

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bottom one ...yes cohen..


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Thanx.

 

AOS done - done

Defend all - done

CPR 31.14 Request - In the morning

 

Do I wait for a reply from the solicitors or is there anything else I should do now?

 

BTW on what grounds do I defend this??

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copy and paste your thread title into the search CAG box of the red toolbar...

 

 

get reading ...we are self help too....

 

 

DONT miss your defence filing date..

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Hi there I have searched all I can but no help.

 

I have no reply from the CPR 31.14 Request.

 

The date I need to submit a defence by is 15th Feb 2016 but what is my defence?? I have looked around but have no idea what defence to put in???

 

AOS done - done

Defend all - done

CPR 31.14 Request - done

 

Do I wait for a reply from the solicitors or is there anything else I should do now?

 

BTW on what grounds do I defend this??

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please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Hi there I have searched all I can but no help.

 

I have no reply from the CPR 31.14 Request.

 

The date I need to submit a defence by is 15th Feb 2016 but what is my defence?? I have looked around but have no idea what defence to put in???

 

AOS done - done

Defend all - done

CPR 31.14 Request - done

 

Do I wait for a reply from the solicitors or is there anything else I should do now?

 

BTW on what grounds do I defend this??

 

Link not allowed

 

Hi there thanx for the reply but I did say above that I searched the site and there were no answers to my questions posted.

 

Your link makes it even more vague as it links to a 2011 post about Greece lol.

 

Please help me. I know you said it was self help but I can't find what else I need to do if anything and also can't find what defence I need?

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You have until the 15th Feb to submit a defence.

Just wait until around 12th or so for any letters you may or may not receive from the claimant or solictors.

If they haven't responded or failed to give a compliant response then your defence will be the std holding / no paperwork defence.

You will be asked to put up a defence draft statement in this thread and will then be advised if it requires more work re-drafting to provide a suitable successful defence.

 

You have sent a CPR request to Cohen but have you sent anything to Lowell?

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Thanx very much.

 

Just that CPR to Cohen.

 

What do I need to send to Lowell?

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There is no agreement for a mobile phone contract, so there is little point in asking for one. However, you can ask Cohen to provide a statement of account which shows how the debt has arisen. Also if you have never received the Notice of Assignment then you can request a copy of that also.

 

Example of a mobile account and successful outcome:

http://www.consumeractiongroup.co.uk/forum/showthread.php?444786-Lowells-Carter-claimform-o2-Mobile-debt-***Settled-Claim-Withdrawn***

 

Worthwhile checking other examples of mobile cases won in the Legal Sucesses:

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

 

You will see drafted and full examples of the types of defence to apply. It's not simply copy and paste as each case is unique and requires redrafting.

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please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Ok update on this one peeps.

 

The other week I got a letter from Lowells threatening me with usual ...

 

. A couple of days later they agreed to an extension to gather forms and information I had asked for

 

then the other day I got a letter confirming that they had discontinued the claim???

I didn't even put in a defence?

 

So this is over BUT even though I have asked before I didn't get an answer :

- On what grounds would I have defended this?

 

 

Why was this case dropped?

 

 

What is it that has been done wrong by them that makes them drop these cases

before it is defended or goes to court for a hearing??

Edited by Goucho
Case dropped

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loo in the links I posted

prob couldnt substantiate the claim so ran away

 

were hoping as all DCA's do

for a default rubberstamped non contested judgement

whereby nothing is checked.

you called their bluff by entering the defend all reply

show your cards fleecers or bugger off..

 

 

that's why whatever a claim is for ALWAYS DEFEND ALL

 

 

well done


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Whatever their reason is irrelevant...main thing is that it has been discontinued.

 

So well done...and thread title amended to reflect the outcome.

 

Regards

 

Andy


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