Lowell claim form - old H3G mobile debt - prob SBd***Claim Discontinued***

[trullymadness]

Hi everyone,

 

I`m new here and need some good advise from you all.

 

I received yesterday a Court Claim form from Lowell solicitors.

 

They claim over £400 for Three mobile debt.

 

I was on contract from August 2010, last my monthly payment i made in Nov or Dec 2010 cos after i lost my job and cannot afford to pay.

 

I need some advise please how to and what to fill in this claim form?

 

I`m not very confident in law.

 

I read lots of posts there before posting but still not understand about CPR 31.14 request, response time, statute barred debt..

 

. I`m already fully stressed and anxious and at the moment feel like is no way out from this situation,

 

i cannot afford to pay to them as have only part time job and low income.

 

Thanks

[dx100uk]

welcome aboard

to enable us to give the correct advise

please fill this out after you copy n past it here

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

[trullymadness]

Name of the Claimant ? Lowell Portfolio I Ltd

Date of issue 15/02/2017

 

What is the claim for –

 

1) The Defendant entered into an agreement with Three mobile under account reference XXXXXXX ("the Agreement")

2) The Defendant failed to maintain the required payments and the service was terminated.

3) The Agreement was later assigned to the Claimant on 23/12/2014 and notice given to the Defendant.

4) Despite repeated requests for payment, the sum of £414.09 remains due and outstanding.

And the Claimant claims

a) The said sum of £414.09

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, accruing at a daily rate of £0.091, but limited to one year, being £33.13

c) Costs

 

What is the value of the claim? £532.22 in total

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? mobile contract

When did you enter into the original agreement before or after 2007? 2010

 

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

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

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no

 

Why did you cease payments? lost my job

 

What was the date of your last payment? Nov or Dec 2010

 

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

[dx100uk]

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

 

 

if you are 1000% confident the last payment was more than 6yrs before the date on the claimform

then the debt is statute barred and you can go back to MCOL and file the below now

 

that will kill the claim dead

 

The following defence is all you need if it is SB

 

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.

..

 

 

dx

[Bazooka Boo]

Can you confirm that the last payment you made was in 2010?

 

If so, then this will be SB, and they're out of time.

[trullymadness]

Many thanks dx100uk for you help and so quick response. I`m very impressed. I try to do this tmw. Before i want to check my old paperwork to make sure it was one of those months. (actually i`m sure already, cos lost my only job that time and that made my worst Christmas ever).

I will give you update tmw

[trullymadness]

Thanks Bazooka Boo for reply, as i stated i will check my old paperwork tmw to make 100% sure and will post update as well.

[dx100uk]

they'll probably shout its not as the default was I bet registered sometime later

but if yor last payment was def say 6yrs + 3mts before then it IS

if you last payment wasn't but say just 1 or 2 mts over the yrs

 

 

it might be an idea to hold filing that defence for awhile till we nail things down by a CPR request

or you go ring H3G and ask.

 

 

but you should still ack [AOS] the claim online regardless

 

 

you'll see loads of Lowell mobile claims here most get discontinued.

 

 

like one today!

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?473004-Lowell-BW-Legal-claimform-Old-BT-Broadband-Debt***Claim-Discontinued***&p=4999352#post4999352

[trullymadness]

Good morning all. Done a deep search in my old shoe boxes full with old paperwork.

 

That is what i found -

a) my last DD was in October 2010, have two bills from 3 with outstanding balance of £49.92

b) a "Final Notice" letter from Wescot dated 01/08/2011 with same outstanding balance amount

c) a letter from 3 dated 14/01/2015 that i need to pay outstanding amount of £414.09 within 20 days. If i don`t pay from the date of letter then 3 debt purchasing partner called Lowell Portfolio I Ltd will contact to arrange payment directly with them

d) a letter from Lowell Financial dated 06/04/2016 with offer to pay 50% in next 15 days.

I was moving house couple of times and probably maybe some paperwork is missing (all the letters i found is from different addresses i lived, court claim is for current address)

The next steps i will do, gonna send them CPR request and fill the MCOL claim form online as advised from dx100uk

Is that right? Thanks again for help

[dx100uk]

Great sb'd then

No need for CPR

Go file that defence

 

Game over for them

[trullymadness]

Many many thanks dx100uk will do now.

[AndyOrch]

Ooooo you know DCAs hate defendants keeping old shoe boxes with all the information they dont have

 

Andy

[Bazooka Boo]

Ha ha ha, brilliant news, well done, Lowlifes FAIL yet again!!!! Brilliant, brilliant, brilliant!

 

Wait for the ''phantom'' payment claim they'll try and make, but when you point out they're attempting to commit fraud, it'll soon turn into an 'admin error'. Muppets.

[trullymadness]

Thanks to you all for help. At least a bit less stress now:roll: I defend all claim online as advised by dk100uk Maybe i should i send the same letter to the claimant Lowell Portfolio or to Lowell Solicitors (stated as address for documents and payments)?

[AndyOrch]

Thanks to you all for help. At least a bit less stress now:roll: I defend all claim online as advised by dk100uk Maybe i should i send the same letter to the claimant Lowell Portfolio or to Lowell Solicitors (stated as address for documents and payments)?

 

What letter

 

Andy

[trullymadness]

To inform them that they claim a SB debt or is no need for that:???: I was reading in some posts here that ppl sending letters to DCA as well when filling court claim forms:undecided:

[dx100uk]

I would suggest those threads are rather old.................

[Bazooka Boo]

Send them NOTHING, respond on MCOL and defend in full as SB.

[trullymadness]

Morning all:???:

 

A short update on my case with Lowell Portfolio.

 

On behalf of them Lowell Solicitors send me a copies of "directions questionnaire" they filled in court and asking me to do the same.

 

It states in letter that the court should send me same later on.

 

Is that means that I really need to go to court hearings?

 

Is it something i can do now?

 

And actually I will need help with this questionnaire.

 

Thanks in advance

[AndyOrch]

Check with MCOL that they are proceeding....and if the court has issued directions questionnaires.

 

We have a had a few threads were this claimant is filling in DQs and sending them to defendants without informing the court.

 

 

Andy

[trullymadness]

Thanks Andy for response. Where i should look? I opened MCOL but can find only my defence and acknowledgement documents. Cheers

[trullymadness]

Thanks Andy for response. When i logged in MCOL i find only my documents there ( acknowledgement and defence). Where i should look for these? Cheers

[AndyOrch]

The status on MCOL will change to " Transferred out Allocation " once both parties have submitted their DQs to the court....best to ring them though

[trullymadness]

Thanks Andy for response. I logged in MCOL but i found only my documents (acknowledgement & defence) Nothing in recent transactions. Maybe i did not look in the right place? Cheers

[trullymadness]

Sorry to all, my PC goes crazy, showing reply not posted and i just keep writing.