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

[AndyOrch]

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

 

So as I suspected.......

[queensclose]

the courts have now sent our DQ.

 

what boxes do i tick

 

thanks

[AndyOrch]

Yes to mediation...yes to Small Claims Track (N180) and state your local county court...the rest of the tick boxes are self explanatory.

 

Andy

[queensclose]

just so i,m clear i just need to send it to the court or do i have to send a copy to the claimants solicitors as well

 

thanks

[dx100uk]

both

[queensclose]

questions i am unsure of

 

1) for mediation to be successful there needs to be some flexibility from all parties and a willingness to listen and consider each others positions. can you agree to this. yes or no

2) 1 can confirm that i have enough information about the claim, to allow me to enter into negotiations. yes or no

[dx100uk]

yes to both

 

 

same question will be asked when they try and book the telephone mediation.

THEN you say NO to have you received all the info.

 

 

you are at present GIVING them time to produce it.

without paperwork mediation will FAIL.

[queensclose]

sent them off

 

thanks

[queensclose]

come though on an email today

 

Claim Number: xxxxxxx

Parties: LOWELL v xxxxx xxxxxx xxx

 

The above parties have all filed a Directions Questionnaire (N180) and have all requested mediation.

 

Provisional Appointment Time & Date

 

A telephone mediation session of up to one hour is available to you Monday to Friday between 9:30 and 13:30, which needs to take place within 21 days of this email.

 

Please note that this is not a confirmed appointment and you will receive a further letter/email to advise if mediation is going ahead.

 

Mediation can only be arranged if we are able to verbally complete the mediation criteria with all parties. We will try to call you within the next 8 days and, if we are able to secure a mediation appointment, we will send you confirmation. If you do not receive an email, or letter, confirming the appointment, the appointment will not be taking place.

 

Please note that Mediation appointments are limited and can only be re-arranged under exceptional circumstances.

 

Mediation Requirements

 

Please read the following 3 statements:

 

Yes

No

1. For mediation to be successful there needs to be some flexibility from all parties and a willingness to listen and consider each other’s positions. Can you agree to this?

 

2. I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before I can mediate

 

3. I am available to mediate on one of the following days

(You must tick at least 1 of the following, you may tick more than 1 if applicable)

 

I am available between 9:30 & 13:30 on a Monday

 

I am available between 9:30 & 13:30 on a Tuesday

 

I am available between 9:30 & 13:30 on a Wednesday

 

I am available between 9:30 & 13:30 on a Thursday

 

I am available between 9:30 & 13:30 on a Friday

 

Mediation is only available to you if you can answer YES to all 3 statements above. If you cannot answer YES to each of the 3 statements, mediation is not suitable for your case.

 

If you have answered yes to all 3 questions and you would like to try mediation, please also complete the following table and return the email to [email protected]. (You may have to click on reply before you can complete the boxes above and below)

 

Full name of person that will be mediating:

(If you want a 3rd party to mediate on your behalf, please contact the Mediation Team in order to authorise their involvement and forward this email to them)

 

The telephone number the mediator needs to call:

(A direct number is preferable, mobile numbers are acceptable)

 

Your email address:

 

Please contact us as soon as possible as mediation appointments are limited and in high demand. If we do not receive a response from you, we will try to contact you by telephone. If we are unable to contact you, we will be unable to provide an appointment and your case will be transferred to a local court to be listed for a hearing.

The information below explains how mediation is carried out. If you are unsure whether or not mediation is suitable for you after reading the information above and below, please call the Mediation Team on 01604 795511 or reply to this email with your query.

 

How is Mediation Carried Out?

 

You will be contacted by a Court mediator who is trained to help people settle their disputes. The mediator acts as a ‘go between’ to help both parties try to find a resolution. They do not make decisions, offer legal advice or adjudicate the dispute. The mediators therefore do not need to see any supporting evidence prior to mediation.

 

Mediation is done via telephone but it is not a conference call. The mediator will speak to one party, discuss the case and how they are willing to resolve the matter, then hang up, call the other party and do the same. The mediator will continue to go back & forth between the parties within the session.

 

If you and the other party come to an agreement, the mediator will draw up a Settlement Agreement confirming what is agreed. The mediator will read the Settlement Agreement to you and it becomes legally binding from the moment you verbally agree to it. Copies of the Settlement Agreement will then be sent to all parties and the Court, this concludes the case. Should the other party breach the terms of the agreement, you can apply to the court to have the case struck out.

 

If no agreement is made within the session, the mediator will end the appointment and the case will proceed to a hearing to be resolved by a District Judge. Anything mentioned at mediation is confidential and cannot be referred to at a court hearing.

 

Important Preparation if you chose to mediate

 

Please find below some guidance notes that will help you prepare for your mediation appointment. It is important that you read this fully prior to your appointment.

 

1. You must participate in mediation in good faith, with the intent to reach an agreement. If you attend with no intention of negotiating or compromising, the mediator will terminate the session. You must be prepared and willing to put your points forward, and to listen to the points raised by the other party.

Top Tip: Spend a few moments making a list of the strengths & weaknesses of your case and think about how & where you are able to compromise.

 

2. The mediator may call from a blocked or unknown telephone number.

Top Tip: Make sure the number you provided for the mediation session can accept calls from unknown or blocked numbers.

 

3. If you want a 3rd party to mediate on your behalf, you must contact the Mediation Team by phone or email to authorise their involvement.

Top Tip: The 3rd party must be fully aware of the facts of the case & have a good understanding of how far you are willing to compromise. You will be legally bound to any agreements the 3rd party makes.

 

4. Your mediation appointment is limited to up to one hour. You must be free and by the phone for the full session so that the mediator can contact you.

Top Tip: Make sure you are in a suitable location for the appointment that is free from distractions. The mediator will cancel the appointment immediately if you are driving even if you are using a hands-free device.

 

5. Everything mentioned at mediation is confidential. The mediator will only pass information to the other party with your authorisation. You cannot record the mediation session. If mediation fails & a hearing is required, you cannot refer to anything discussed at mediation during the hearing.

 

6. If you do not answer the phone or respond to any messages left by the mediator within 10 minutes, the mediator will cancel the appointment.

Top Tip: Have you provided the most suitable telephone number for your appointment? If you are mediating on behalf of a company, have you provided a direct line?

 

7. The mediator speaks to both parties separately.

 

If after reading the above you are still unsure whether or not mediation is suitable, or if you have any other queries, please call the Mediation Team on the number below.

 

Small Claims Mediation Service Contact Details

 

Tel: 01604 795511

Email: [email protected]

Post: St Katharines House, 21-27 St Katharines Street, Northampton, NN1 2LH

 

This e-mail (and any attachment) is intended only for the attention of

the addressee(s). Its unauthorised use, disclosure, storage or copying

is not permitted. If you are not the intended recipient, please destroy all

copies and inform the sender by return e-mail.

 

Internet e-mail is not a secure medium. Any reply to this message

could be intercepted and read by someone else. Please bear that in

mind when deciding whether to send material in response to this message

by e-mail.

 

This e-mail (whether you are the sender or the recipient) may be

monitored, recorded and retained by the Ministry of Justice. E-mail

monitoring / blocking software may be used, and e-mail content may be

read at any time. You have a responsibility to ensure laws are not

broken when composing or forwarding e-mails and their c

[martin2006]

If you have not yet received all the paperwork pertaining to your cpr 31:14 then your answer to question 2 will be no.

 

You could say not as yet and make the appointment for mediation.

 

If by the appointment time you still have not received the required paperwork then you will answer no on the day and mediation will fail and the case referred back to court for allocation to trial.

[dx100uk]

You could say not as yet and make the appointment for Mediation.

[queensclose]

this was the email answers sent back on the 2nd feb

 

Mediation Requirements

 

Please read the following 3 statements:

 

Yes

No

1. For mediation to be successful there needs to be some flexibility from all parties and a willingness to listen and consider each other’s positions. Can you agree to this?

yes

 

2. I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before I can mediate

no

 

3. I am available to mediate on one of the following days

(You must tick at least 1 of the following, you may tick more than 1 if applicable)

yes

 

today today i got an email saying its suitable for mediation

 

The above parties have all filed a Directions Questionnaire (N180) and have all requested mediation.

 

Provisional Appointment Time & Date

 

A telephone mediation session of up to one hour is available to you Monday to Friday between 9:30 and 13:30, which needs to take place within 21 days of this email.

 

Please note that this is not a confirmed appointment and you will receive a further letter/email to advise if mediation is going ahead.

 

Mediation can only be arranged if we are able to verbally complete the mediation criteria with all parties. We will try to call you within the next 8 days and, if we are able to secure a mediation appointment, we will send you confirmation. If you do not receive an email, or letter, confirming the appointment, the appointment will not be taking place.

 

Please note that Mediation appointments are limited and can only be re-arranged under exceptional circumstances.

[dx100uk]

post 35

[queensclose]

the court have sent a letter. saying its allocated to a small claims track. listed for the 25th may. lowell have until 4th april to pay the £115.00 fee. is there anything i should be doing in the mean time. or do i wait until they pay the fee before sending them a defence

 

 

thanks

[AndyOrch]

Sending them your " Witness Statement " they already have your defence.

 

The Directions in the same notice that states the trial date tells you what date you must exchange statements and documents.

 

 

Andy

[queensclose]

thanks

 

do i wait till they pay the fee before serving the papers

 

 

 

thanks again

[AndyOrch]

thanks

 

do i wait till they pay the fee before serving the papers

 

 

 

thanks again

 

Depends on the dates on your Notice of Allocation...if the hearing fee payment date is before the 14 days pre trial......then yes....I dont know your dates.

[queensclose]

the hearing is on 25th may and they need to pay the fee by 4th april.

 

hopefully my defence is ok

 

does it look ok

1 The Defendant contends that the particulars of claim are vague and generic in nature.

 

The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is noted. I have in the past had an agreement with EE formerly T-mobile uk Ltd. but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request under the consumer credit Act 1974

3. Paragraph 2 is denied I have not been served with a Default Notice pursuant to the consumer credit Act 1974.

 

4. Paragraph 3 is noted I am aware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)

 

5. On receipt of the claim. a request was made via CPR 31.14 to the claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.

6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

a) show how the Defendant has entered into an agreement and;

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

c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 of the Consumer Credit Act 1974

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

 

7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed

 

8. On the alternative, 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 and section 82A of the Consumer Credit Act 1974

 

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

 

 

 

Proposed Defence

 

1. Paragraph 1 is accepted. I have, in the past, entered into a contract with EE formerly T-mobile, 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 Credit Consumer 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 refused to provide me with a copy of the agreement, stating they are not obligated to do so by virtue of the Credit Consumer Act 1974. To date, no statement of the alleged account has been received.

 

a) exhibit A is a credit report from noddle dated 21st March 2017 stating no there are no defaults on their file

b) exhibit B is a credit report from clearscore dated 21st March 2017 stating there are no defaults on their file.

 

 

.

 

3. Paragraph 3 is denied.I do not recall having received a Notice of Assignment, as stated by the Claimant. They supplied under CPR 31.14 which was received on the 30th December 2016 an alleged copy dated 11th October 2014 which seems to have been filled in on a computer using a template and incomplete. The operator failed to the date it was sold to lowell. instead says ">" and also next to telephone, the number is also missing.

This document is exhibit C

 

 

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. under cpr 31.14 and received on the 30th December 2016 the claimant supplied one alleged letter introducing themselves dated 11th October 2014. again the date it was sold to Lowell is missing and says ">" this is the first time i have seen this letter

This document is exhibit D

 

The claimant under the CPR 31.14 sent a cover letter stating the last payment made on the account for £181.99 on 18th April 2013. I have not recognise ever have making this payment and unable to find such payment made from my bank account.

 

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.

 

 

 

thanks

[dx100uk]

you mean witness statement

[Guest]

a quick point to start

'exhibits' aren't usually included with a defence statement (statement of case).

they can be exhibited later eg in wit statement/bundle

[Guest]

you mean witness statement

ah ok, its at that stage..didn't look back

[queensclose]

sorry

 

yes its a witness statement

 

so i can delete the exhibits. do i say something like (a check on my credit file shows no defauts) and later produce copies in court

[dx100uk]

no they should be there in a WS

[Guest]

as dx queensclose. (i had thought that was your defence statement, but you're now at the wit statement stage. which can include exhibits.)

though you'll need to revise it a bit to be more as a witness statement.

[queensclose]

thanks

 

do you think the statement is good to go