Lowell claimform - old T-Mobile 'debt'

[beerme1664]

Name of the Claimant ? Lowell Portfolio Ltd

Date of issue – . 13/02/2017

 

What is the claim for – .

1) The defendant entered into an agreement with T-Mobile (UK) Ltd under account reference XXXXXXXXXX

 

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

 

3) The agreement was later assigned to the claimant on 25/07/2016 and notice given to the defendant

 

4) Despite repeated requests for payment the sum of £353 remains due and outstanding

 

And the claimant claims

a) the said sum of £353

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of the assignment to the date of issue accruing at a daily rate of £0.077 but limited to one year being £16

c) costs

 

What is the value of the claim? £453

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? opened 04/2010

 

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. Assigned

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? Yes, I think so...

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

Why did you cease payments? Not sure

What was the date of your last payment? Not sure..

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 managementicon plan? No & No

I have now aos stating defend all,

what do I need to do next?

[dx100uk]

credit file should tell you the starting date and might even tell you last payment date.

 

probably unlawful cost of full term of contract.

 

lots of these have been successfully defended.

 

CPR time?

[beerme1664]

Ok, CPR drafted, will be sent RD tomorrow..

[dx100uk]

credit file?

noddle/clearscore/Experian

try and answer some more of those questions please

[beerme1664]

OK, account opened 04/2010, last updated 01/2013, no payment records. Account is closed. Got this from clearscore.

[dx100uk]

I would assume you have paid within the last 6yrs?

[beerme1664]

Yes, I believe so

[beerme1664]

OK, had a think about this and need to edit some of my answers in post #1,

 

Was I aware of assignment / was I informed - NO

 

Notice of default sums once a year - NO

[AndyOrch]

OK, had a think about this and need to edit some of my answers in post #1,

 

Was I aware of assignment / was I informed - NO

 

Notice of default sums once a year - NO

 

Done.

[beerme1664]

UPDATE- Lowells have responded to my CPR request, but it looks bogus.

 

I will upload copies with redacted account numbers etc in a bit.

 

 

They say that as it's a telecommunications account it is not regulated under CCA and therefore they are not obliged to provide a copy of the agreement.

 

 

The assignment letter is from Lowell, shouldn't this be from the original creditor, T-Mobile?

[dx100uk]

quite usual.. if you go read like telecom claim threads.

its quite ok for the debt buyer to use the originators letterheads

[beerme1664]

You misunderstood, the letter is worded from Lowells point of view, it's not even on T-Mobile headed paper, it's Lowells..

[dx100uk]

as long as there is one that's all that's need

ok there is a sort of format it must comply too

but a possibly invalid NOA is not a major issue for a claimant as such..

[beerme1664]

I am drafting my defence now and need a bit of advice.

....the "deed of assignment" lowells sent me is all wrong,

including the date which does not match the date stated on the claim.

 

 

...should I mention this in my defence,

or leave it out and use as ammunition in court if it gets that far?

 

 

There is over 4 weeks difference between what the claim states and what the copy of the "assignment" states...

[dx100uk]

you don't have the deed do you?

you have the Notice of assignment?

[beerme1664]

Give me a minute...I'll upload them..

 

Copies of assignments..

 

Notice within the body of text in both letters, > in place of actual dates, plus the letter dates, as previously said, are over 4 weeks off the date stated in the claim that assignment was allegedly communicated to me.

LowellTMob Deed of Assignment.pdf

TMob Deed of Assignment.pdf

[dx100uk]

name on 2nd pdf

hidden them for you.

 

 

that's not the deed that's the notice of assignment

[beerme1664]

OK, apologies, must have missed that one....

 

So, back to my original query, do I mention this on defence, or leave it out to use in court? Opinions....

 

Or is it worthless as part of any kind of defence?

[AndyOrch]

Its a minor point in reality beerme..providing there is a legally valid acurate Notice of Assignment...the dates are irrelevant.

 

Your Name is still showing on the Lowell NoA

[beerme1664]

Ok thanks....I'll leave it out..

[beerme1664]

Thanks all. Here is my defence, please take a look and feedback.

 

What is the claim for – .

 

1) The defendant entered into an agreement with T-Mobile (UK) Ltd under account reference XXXXXXXXXX

 

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

 

3) The agreement was later assigned to the claimant on 25/07/2016 and notice given to the defendant

 

4) Despite repeated requests for payment the sum of £353 remains due and outstanding

 

And the claimant claims

a) the said sum of £353

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of the assignment to the date of issue accruing at a daily rate of £0.077 but limited to one year being £16

c) costs

 

 

 

1. Paragraph 1 is noted and accepted insofar as I have in the past had financial dealings with T-Mobile. I do not recall the precise details or agreement and have sought verification from the claimant who is unwilling or unable to comply.

 

2. Paragraph 2 is denied with regards to the defendant failing to pay required payments. All payments were made in full up to the point of the defendant discontinuing use of the service (“the service”).

 

3. Paragraph 3 is denied with regards to the defendant being notified of assignment of alleged debt. However, the claimant, in reply to a CPR 31.14 request has supplied copies of “notice of assignment”.

 

4. Paragraph 4 is noted and it is accepted that the defendant received up to 4 telephone calls per day from Lowell Portfolio, these were however recorded messages informing the defendant of monies owed to Lowell Portfolio with which the defendant had no previous knowledge of or contact/agreement/contract and therefore were dismissed as “[problem]” telephone calls.

 

5. With regards to the Defendant owing any monies to the Claimant the claimant has failed to provide any evidence of balance/breach as requested by CPR 31.14

 

Therefore 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

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

 

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

 

7. On the alternative, if 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.

 

8. The amount claimed will likely include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if 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.

Edited March 14, 2017 by Andyorch
edited

[AndyOrch]

Just a few tweaks and edits........good to go

 

Andy

[beerme1664]

Many thanks Andyorch....quick question, should I post the breakdown of the claim, 1,2,3,4 at the top etc with my defence....so it makes sense?

[AndyOrch]

No thats for my reference only when checking the defence...to make sure you have made a response to each point.

[beerme1664]

I see, thanks again. I will update as things unfold....