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lowell claimform - old EE debt ***Claim DIscontinued***

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this is for a friend

 

court papers arrived for an old EE debt. she thinks its not statue barred. checked her credit file. and this is the first time she has checked it. it has nothing for EE or lowell on it. in fact no defaults at all.

 

logged into moneyclaim and did the aos and tick box to defend whole of the claim

 

monday the cpr 31.14 record delivery

 

am i correct in what have i done so far and what should i do next.

 

the issue date is 13th december


:???: what me. never heard of you never had a debt with you.

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What are the particulars of claim ?

 

SAR to EE to get hold of any paperwork that might be needed, if this does proceed ?


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just doing the CPR 31.14. there is two different addresses one for the claimant and one for their solicators

 

which one should it go too


:???: what me. never heard of you never had a debt with you.

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just doing the CPR 31.14. there is two different addresses one for the claimant and one for their solicators

 

which one should it go too

 

Sols


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particulars of claim

1) the defendant entered into an agreement with EE ( formerly t-mobile uk ltd) under the account reference xxxxxxxxx (the agreenment)

2) the defendant failed to maintain the required payments and a default notice was served and not complied with,

3) the agreement was later assigned to the claimant on 30/09/2014 and notice given to the defendant

4) despite repeated requests for payment the sum of £939.52 remains due and outstanding

5) and the claimant claims

a) the said sum £939.52 to

b) interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue accuruing at a daily rate of £0.206 but limited to one year being £75.16

c) costs


:???: what me. never heard of you never had a debt with you.

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sent cpr31.14 recorded delivery 19th dec

 

does anyone know how quick lowell are to responding this is what moneyclaim say today

A claim was issued against you on 13/12/2016

Your acknowledgment of service was submitted on 17/12/2016 at 20:33:09

Your acknowledgment of service was received on 19/12/2016 at 01:09:23

 

also whats the exact date the defence needs to be submitted


:???: what me. never heard of you never had a debt with you.

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Friday 13th January, 33 days from date of issue, date of issue being day 1 in the count


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need that link done please queens

 

 

dx


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received letter back from lowell re cpr request stating its not related by the consumer act so wont be supplying agreement or default notice and deed of assignment

 

says last payment made 18th april 2013 for £181.99

default registered december 2013 checked noddle and clear score. not default registered.

 

so it looks like getting defence together

hope someone can guide me

this is what i have pieced together

 

 

particulars of claim

1) the defendant entered into an agreement with EE ( formerly t-mobile uk ltd) under the account reference xxxxxxxxx (the agreenment)

2) the defendant failed to maintain the required payments and a default notice was served and not complied with,

3) the agreement was later assigned to the claimant on 30/09/2014 and notice given to the defendant

4) despite repeated requests for payment the sum of £939.52 remains due and outstanding

5) and the claimant claims

a) the said sum £939.52 to

b) interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue accuruing at a daily rate of £0.206 but limited to one year being £75.16

c) costs

 

1. Paragraph 1 is accepted. I have, in the past, entered into a contract with EE Limited , 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 they are not obligated to do so by virtue of the consumer credit 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.

after checking two credit reference agencies. none containing any information of defaults

 

3. Paragraph 3 is denied.I do not recall having received a Notice of Assignment, as stated by the Claimant. They have sent an alleged copy dated 11t Oct 2014 from my cpr31.14 request. this is the first time i have seen this letter

 

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 court 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 and evidence the nature of the breach and service of the Default Notice,

(d) 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


:???: what me. never heard of you never had a debt with you.

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We cant advise on your proposed defence until you complete the link as requested queensclose simply not enough information provided.

 

Regards

 

Andy


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sorry missed this one

 

What is the value of the claim? 1164.68

 

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? 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. assigned to lowell

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? no

 

Did you receive a Default Notice from the original creditor? no also no default on credit reference agency. they say it was registered december 2013

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

 

Why did you cease payments? unable to get signal

 

What was the date of your last payment? unknown. they say april 2013 if £181.99. i havent paid that

 

Was there a dispute with the original creditor that remains unresolved? told in shop signal would be good at home.. no signal

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? no


:???: what me. never heard of you never had a debt with you.

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does the defence look ok

 

thanks


:???: what me. never heard of you never had a debt with you.

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thanks andy

 

it was one you already did for someone else on the forum so i changed it to this claim. wanted to make sure i had done it right


:???: what me. never heard of you never had a debt with you.

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Only slight edit i spotted may be to include that the contract you entered into was with EE (formerly t-mobile)


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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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ok

 

received from lowell their completed n180 asking for small claims mediation. there are going to be no witnesses including their selves at the hearing.

 

i guess we should be getting on to complete shortly?


:???: what me. never heard of you never had a debt with you.

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Yes you should...but its strange how Lowell are getting theirs first and completing it and serving it before the defendant gets theirs on many threads..check with Northampton the status of the claim and ask if its been transferred for allocation as you have not received a DQ and yet the claimants have served a copy of theirs on you already.

 

Andy


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just noticed on the paperwork that they have sent via the cpr request

 

one is on none headed paper from lowells dated 11th oct 2014 introducing themselves as the debt owner saying they have bought the debt ee limited (formerly t-mobile) which matches the claim form stating they bought the debt on the (clientciregdfate)

 

second letter is notice of assignment also on none headed paper dated 11th October2014. for everything everywhere lt (formerly trading as t-mobile) which differs from the claim form. it says "On > your account was sold to lowell portfolio l Ltd again they could be bother to input a dat


:???: what me. never heard of you never had a debt with you.

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just noticed on the paperwork that they have sent via the cpr request

 

one is on none headed paper from lowells dated 11th oct 2014 introducing themselves as the debt owner saying they have bought the debt ee limited (formerly t-mobile) which matches the claim form stating they bought the debt on the (clientciregdfate)

 

second letter is notice of assignment also on none headed paper dated 11th October2014. for everything everywhere lt (formerly trading as t-mobile) which differs from the claim form. it says "On > your account was sold to lowell portfolio l Ltd again they could be bother to input a dat

 

Thats all irrelevant....have you rang the Court ?

 

andy


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courts have said they have received nothing from the claimants on how they wish to proceed with the case.


:???: what me. never heard of you never had a debt with you.

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