Lowell/Lowell solicitors claimform - old o2 mobile 'debt'***Settled at ADR***

[dx100uk]

court allocation comes later if they go that far.

 

 

copy and paste your thread title into the search cag box of the top red toolbar

 

 

and read a few like threads and have a go at a defence

post it up here first mind

[dx100uk]

I hope you filed a defence on time?

 

 

dx

[bloodline67]

Don't I do that once I know which court it goes too?

I've tried reading through the other threads and to be honest I'm not any wiser, it's seems all very complicated.

Also I went onto the MCOL website to check the details and after logging in there's nothing there

[dx100uk]

urm no!!

 

 

day 33 from the date on the claimform!

as detailed in that link you filled out for us!!

 

and as in post 23

 

here is a thread exactly the same as yours

go file the defence that is on post 18

http://www.consumeractiongroup.co.uk/forum/showthread.php?472113-Lowell-lowell-Solicitors-claimform-old-Vodafone-mobile-debt

 

suitably adapted to YOUR details MIND!!

[bloodline67]

Thanks Dx, I just got a bit confused.

Does this sound ok?

1. Paragraph 1 is accepted. I have, in the past, entered into a contract with O2, however I do not recall the exact details, nor do I recall any outstanding balance. I have requested the claimant verify the exact details of this claim by way of a CPR 31.14. The claimant has refused to provide me with a copy of the agreement, stating he is not obligated to do so by virtue of the consumer crediticon Act 1974. To date, no statement of the alleged account has been received.

 

2. Paragraph 2 is noted, again I do not recall any breach and I have never received the stated Default Notice. The Claimant has stated, by letter, that he is not obligated to provide a copy of the Default Notice, again by virtue of the Consumer Credit Act 1974.

 

3. Paragraph 3 is denied.I do not recall having received a Notice of Assignment, as stated by the Claimant and despite my request for a copy of said document, under CPR 31.14, the Claimant has failed to provide me with such to date.

 

4. Paragraph 4 is denied in regards that the claimant is misleading the court in its pleadings and has never made contact or made requests prior to issuing this claim. Its sole purpose in purchasing this debt was to litigate and secure a county courticon Judgment and therefore Pre Action Protocol was never attempted and should be considered in deciding the outcome of their claim

 

Therefore the Claimant is to provide strict proof to:

 

(a) show how the Defendant has entered into a Agreement/ Contract; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

 

5. The Claimant has stated that he has made several requests for repayment, yet I do not acknowledge any debt to the Claimant.

 

6. As per Civil Procedure Rule 16.5(4), it is required that the Claimant prove the allegation that the money is owed.

 

7. As the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim, due to contraventions of Section 136 of the Law of Property Act.

 

8. Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly states that any Early Termination Charge, that is made up of the entire balance of the remaining contract, is unlikely to be fair, as it fails to take into account the fact that the provider no longer has to provide and pay for their service.

 

9. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed, or any relief.

 

Also how do submit my defence? As I said in my previous post when I log into MCOL there's nothing there.

[dx100uk]

Looks OK

Go see if you can file it on mcol website

[bloodline67]

I've logged into the MCOL website but all it shows is Begin a new claim and Respond to a claim against you, that's all.

[dx100uk]

respond

[bloodline67]

It says claim number or password incorrect. I had auto-saved all of them including the first log page which works but not respond. Unfortunately I can't check the details as they're written down at home and I'm away till the beginning of the week.

[dx100uk]

probably mcol playing up as it does

 

MCOL is only one way of responding to a claim.

.

If you are having problems logging in, or would prefer not to use MCOL,

you can fax, email or post your response to the Court instead.

If you send your response by e mail

please send it to [email protected] and ensure you quote “Claim response” and quote the claim number in the subject field.

.

[bloodline67]

Thank you, I'll email it as soon as I get home. Let's just hope I'm not too late

[bloodline67]

I've finally had a reply back from Lowells and they want to go through mediation.

 

 

I've also now received the documents from the courts for either going through the small claims court or mediation.

 

What do you recommend I do next?

[dx100uk]

Std N180

yes to mediation the rest is obv.

one copy to the court

one copy to the claimant sols

1 copy for your file..

[bloodline67]

I've now got my mediation appointment for next week which is making me feel quite nervous. Has anyone got any advice on what I should say during the phone call? Also I'm guessing the best outcome may be a reduced amount.

[AndyOrch]

Have you had all the paperwork requested from the claimant?

[bloodline67]

All I've had from Lowell is what I've posted above, I've yet to receive any statements from them yet

[AndyOrch]

If you have enough information to participate in mediation ..you dont need anything further ..very little paperwork involved in mobile phone claims.

[bloodline67]

Ok, doesn't it matter that I've not had the statements yet? Also, and this might sound a stupid question, but what what outcome should I be expecting out of this?

[AndyOrch]

If you need the statements...that would imply there is a dispute with the amount claimed...so raise this with mediation....as for what the likely outcome.....a chance to agree settlement without proceeding to trial

[bloodline67]

Thanks to everyone who helped out. Through the mediation I've now got the amount reduced by about £200 and manageable monthly payments.

[dx100uk]

shame you kept disappearing for a month at a time

we could have probably told you how to mediate properly

 

 

with no statements

how do you know what they claimed was justified..

 

 

but still no CCJ so a win

[AndyOrch]

Well done BL

 

So £570 to £370...no profit for the claimant

 

Well done I will amend your thread title to reflect the outcome.

 

Regards

 

Andy