lowell court action regarding ee mobile telecom debt

[sleepingdog]

Another of my daughters court cases.

This time for a ee mobile telecoms debt.

 

I will post up the poc later

but in the meantime I have never had any involvement with a telecoms debt can you send a cpr31:14 or is there another way of obtaining information from the solicitors and the original debt holder ( EE ).

 

 

Sleepingdog

[BankFodder]

I would start off with an SAR in any event.

 

Not much more we can say until we get some details. Maybe we should send you an SAR!

[dx100uk]

Please fill this out

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

 

And get a CPR running

Sar takes too long

[sleepingdog]

Name of the Claimant ? Lowell Portfolio

 

Date of issue . 1 February 2017 have already acknowledged claim.

DAte to file defence = by 4pm Friday 3th March

What is the claim for

 

 

1. the sum of £500 being monies due from the defendant to the claimant under a mobile telecoms agreement regulated by the consumer credit act 1974 between the defendant and EE ltd under account reference xxxxxx and assigned to the claimant on xx/xx/2015, notice of which has been given to the defendant.

 

2.The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.

 

3.The claim also includes statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8.00% per annun from the date of assignment of the agreement to xx/xx/xx ( 1 year after assignment)

 

What is the value of the claim? = £670

Is the claim for a current account (Overdraft)

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

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. Lowell

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure

Did you receive a Default Notice from the original creditor?

Not sure as moved house in 2014 and mail not sent to me but sent back to sender with my new address.

[AndyOrch]

5th March is Sunday ...amend defence date to Friday 3rd March.

 

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

 

Why did you cease payments?

 

What was the date of your last payment?

 

Was there a dispute with the original creditor that remains unresolved?

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?

 

 

 

Andy

[sleepingdog]

Thanks Andy ,will do

[dx100uk]

as the POC also says its regulated CCA

 

 

id be doing all below:

 

 

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.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

dx

[sleepingdog]

Thanks dx, so the CCA goes to the claimants lowells and not to the original creditor EE telecoms ?. I did not realise that, so will send tomorrow.

Sleepingdog

[dx100uk]

as post 7

the claim is nowt to do with EE they sold it.

 

 

dx

[dx100uk]

hope you filed a defence!!

[sleepingdog]

Unable to file proper defence due to lack of information.

Filed embarrassed defence.

Sent CCA to E E. - nothing ever received back.

Sent cpr request to solicitors,

 

Northampton bulk centre sent case to my local court where a judge sent the solicitors a deadline for providing information.

 

Solicitors sent out some information typed up on the last day of deadline and received by myself and probably court 5 days after deadline, judge allowed a court date to be set.

 

Question is

how important is POC on claims form,

it states a mobile phone agreement regulated by 1974 consumer credit act yet they now are stating that there is no statutory requirement to produce signed copy of agreement and in mobile phone cases it is the norm not to have one. All they seem to be sending is terms and conditions .

 

Just looking through paperwork and they say it is a unregulated telecommunications agreement but why on the court papers are they saying it is regulated by consumer credit act 1974.

 

Is there any chance I could get it thrown out on those grounds

[AndyOrch]

They would simply state it was an error within their particulars..has no bearing on the claim.

 

Have you completed your directions...standard disclosure and witness statement ?

 

 

Andy