Lowell claimform - old Three Mobile debt***Claim Discontinued***

[DCAHell]

The above have today issued a county court claim for Three mobile for a debt they bought many moons ago and I thought was statute barred.

 

They subsequently wrote to me and said that as I made an offer in 2012 to pay and never paid it is not.

 

(this was done as part of DMP which I could not complete due to loss of income and breakdown of a relationship)

 

I want to know if I can use the CPR18 as part of my defence as I asked them before to send info such as credit agreements etc and they have failed to do so.

 

I have sent the acknowledgement back to the court.

 

Is there anything else I can use in my defence as I really do not want a CCJ and I cannot afford to pay this debt in full at present.

 

It is incredibly co-incidental that they have issued this before the debt pre-action protocol comes into force in October!

 

Thanks in advance for any advise received.

[dx100uk]

please complete this:

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

[renegadeimp]

They know its very likely SB, but its lowells. They are bottom feeders and they will say and do ANYTHING to get you to pay.

 

Please follow DX's instructions so we can help you get this sorted.

[DCAHell]

Name of the Claimant ? Lowell Portfolio I Ltd

 

Date of issue – 7 July 2017.

 

Date to submit defence - 8 August 2017

 

What is the claim for –

 

1. The defendant entered into an agreement with three mobile under account number 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 16/12/2011 and notice given to the defendant

4. despite repeated requests for payment the sum of £921.11 remains due and outstanding and the claimant claims

a) the said sum of £921.11

b) interest pursuant to s69 county courts act 1984 at the rate of 8% from the date of assignment to the date of issue, accruing at a a daily rate of £0.202 but limited to one year, being £73.69

c) Costs

 

What is the value of the claim? £1124.80

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? mobile contract

 

When did you enter into the original agreement before or after 2007? During 2007 I think

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 - Lowell

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes only when I started receiving their letters

 

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? I was on maternity leave and had recently had a relationship breakdown

What was the date of your last payment? 6/09/2012 to 3 mobile, Lowell are saying they received a DMP payment of 7.44 on 20/10/2014

 

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 planicon? Yes

 

It looks really bad written out like this, I really hope I can sort this...!

[dx100uk]

Easy back later

[dx100uk]

note your correct date for defence filing.

 

 

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 CPR 31:14 request running to the solicitors

.

don't sign anything

.

dx

[DCAHell]

Thank you I will sort tomorrow morning.

[DCAHell]

Is there anything else I need to do in the meantime whilst I am waiting a response to prepare my defence?

[dx100uk]

you don't want them to respond..think about....

go read other like claimform threads

[DCAHell]

Hi,

I received a reply in the form of a copy of the notice of assignment originally sent by their client

and confirming a request has been sent to original creditor for a copy of statement of account

 

because it is a telecommunications account it is not regulated by the CCA 1974 therefore the original creditor is not obliged to provide a copy of the agreement or default notice.

 

They note that I have filed an acknowledgement and confirmed the date for filing my defence as 12/07 - sooo wrong!!!

 

There letter is dated 19/07!!!!!

 

What do I do now as they have responded??

[dx100uk]

well you didn't ask for the agreement did you

its just their attempt to make you fold or as we put in blink first..

 

 

did you pay those sums they claimed?

 

 

dx

[DCAHell]

Those payments were not on the claim form

they sent me details of those payments mentioned in the claim details when I wrote to them confirming the debt was statute barred.

 

 

The payments to three mobile I'm sure are correct

but I am unsure about the dmp payments as I did have a dmp plan but cannot find the statement of what was being paid.

[DCAHell]

I definately cannot find the dmp agreement that they refer to, to confirm or deny the payment.

[dx100uk]

well if you DID pay 3mobile its within 6yrs anyway so the DMP payments are immaterial.?

[DCAHell]

Hi

 

I have prepared the following defence from other examples I have seen on this site and wonder if someone would kindly look it over for me as the submission date for the defence is fast approaching - 08/08....

 

 

1. The defendant entered into an agreement with three mobile under account number 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 16/12/2011 and notice given to the defendant

4. despite repeated requests for payment the sum of £921.11 remains due and outstanding and the claimant claims

a) the said sum of £921.11

b) interest pursuant to s69 county courts act 1984 at the rate of 8% from the date of assignment to the date of issue, accruing at a a daily rate of £0.202 but limited to one year, being £73.69

c) Costs

 

 

1. Paragraph 1 is accepted. I have, in the past, entered a contract with Three 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 because it is a telecommunications account and is not regulated by the CCA 1974. To date, no statement of the alleged account has been received either which has also been requested.

 

2.Paragraph 2 is noted, again I do not recall any breach and I have never received the stated Default Notice. Again, to date, no statement of the alleged account has been received and they have stated that they are not obliged to provide a copy of a default notice as it is a telecommunications account and is not regulated by the CCA 1974.

 

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 20 July 2017 an alleged copy dated 26 March 2012 which is not on Three Mobile headed paper as you would expect, seems to have been computer generated using a*template*and there is no date identifying when the debt was sold to Lowell or contact number for Lowell where there is a space provided for it. The document carries the same date as the letter from Lowell Group identifying themselves as the purchaser of customer accounts from Three Mobile which was also included in their response.

 

4. Paragraph 4 is denied because the claimant is misleading the court in its pleadings. The defendant has denied the debt at each request as the claimant has failed to provide proof of the debt in the form of an agreement and a default notice. The claimants sole purpose in purchasing this debt was to litigate and secure a*County Court Judgment and therefore Pre Action Protocol was never followed correctly and should be considered in deciding the outcome of their claim.

 

Therefore, the claimant is put to strict proof to:

 

(a) show how the Defendant has entered into a Agreement/ Contract; and

(b) show and evidence the Defendant was sent a Notice of default and termination notice/demand notices; and

© show how the Claimant has reached the amount claimed for; and

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

 

 

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

 

6. 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.

 

 

7. 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.

 

Any advise will be greatly appreciated. Thanks in advance.

[DCAHell]

Is this defence good to submit?

[dx100uk]

let andy check

deadline is 4pm tuesday

[DCAHell]

Thank you

[AndyOrch]

Defence is fine DCAHell.

 

Regards

 

Andy

[DCAHell]

Thank you very much! Will keep you updated.

[DCAHell]

i have received the notice of proposed allocation to the small claims track and directions questionnaire forms from the county court business centre. Is it still 'yes' to mediation?

[AndyOrch]

Yes and yes to small claims track (N180)...1 witness (yoursel) and state your local county court...the rest are easy tick boxes.......3 copies Court /Sol/File....job done.

[DCAHell]

Thanks!

Also forgot to mention that I also received a a copy of an alleged directions questionnaire with covering letter dated 28/08/17 on 4/09.

 

I received mine from the courts about a week ago.

 

They have said on their form that there will be 0 witnesses, including themselves giving evidence.

 

Does this mean they have no evidence to present??

[AndyOrch]

No it means they cant count... or understand the question....Bryan Carter use to do the same when completing DQs.

 

Unless they submit notice to the court and yourself pursuant to CPR 27.9....they will be in attendance,

[DCAHell]

Great .... thanks !