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davey boy

Lowell Claim Form - Old Talk Talk Mobile Contract

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Name of the Claimant ? Lowell Portfolio 1 LTD

 

Date of issue – 12 sep 2017

 

What is the claim for –

1) the defendant entered into an agreement with TalkTalk telecom limited under account ref* (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 07/12/2016 and notice given to the defendant.

4) despite repeated requests for payment, the sum of £421.27 remains due and outstanding.

And the claimant claims

a) the said sum of £421.27

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 £0.092, but limited to one year, being £25.67

c) costs

 

What is the value of the claim? 531.94

 

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

 

When did you enter into the original agreement before or after 2007? go live date was 03/03/15

 

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? no

 

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

 

Why did you cease payments?

1st month was paid.

Contract was cancelled within first month of service as there many problems and the service didn't go live as stated,

when it did there were still numerous problems,

TalkTalk requested return of their property on 27 Apr 2015 and have not heard from them since.

That is until Lowell's started sending letters both to mine and my ex's addresses.

I moved on 31 Oct 15 to a new property.

 

What was the date of your last payment? circa April may 15, I will have to check

 

Was there a dispute with the original creditor that remains unresolved? not to my knowledge

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon? no

 

Hi there,

 

as the title implies,

I have received a claim form from Lowell's,

I hope you can give me advice,

 

 

I have not done anything as yet but realise I need to respond to the claim to avoid a judgement against me.

Any advice on how to defend would be fantastic.

 

cheers

 

Dave

edited box return.jpeg

edited returns receipt.jpeg

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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


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should be easy to defend

the usual charges to contracts end which they cant claim


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brilliant, I've filled in mcol as advised and will get 31:14 sent off recorded in the morning. thanks for your help :)

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Thanks again. I have sent off the CPR 31.14 today and retained proof of postage, is it now a bit of a waiting game or is there a next step to move onto?

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Make sure you submit your defence by Friday 13th Oct by 4.00pm

 

Andy


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That's the bit i could do with some help with too please. I'm not really sure what to put in it or how to start. I've not had any dealings with law or courts before.

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copy your thread title into the search cag box of the top red toolbar


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Thanks again guys, i'm having a read through some of the defences now on the case dismissed forum (after popping my thread in search :) ). Sorry for needing spoon-feeding through the process; all new to me. I have the defence date set in my phone diary :)

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We prefer to call it the Legal Success Forum Dave :wink:


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Hi Guys,

 

I received another letter from Lowell's yesterday, not the information requested CPR 31.14 but just a "phone to make payment" letter notifying me about County Court Claim.

 

I have found Andy's defence that has obviously been successful on a number of occasions, below it I have written the details particular to me and would like to know whether they are worth incorporating into the defence or could they jeopardise the defence as they confirm an original agreement?

 

Andy's defence,

 

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

The claimant's’ particulars of claims disclose no legal cause of action as the claimant's statement

of case is insufficiently particularised and does not comply or even attempt to comply with

CPR part 16.2 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.The claim is denied. I am unaware of what debt the claimant refers to.

I have requested information pertaining to the claimants claim by way of a CPR 31.14 request.

The claimant has failed to respond.

 

3.The claim is denied the Claimant has not served a Notice of Assignment pursuant to the law of property act 1925 and the

Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; 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;

 

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

 

5. On the alternative, ias 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.

 

6. 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.

 

 

my personal details regarding the particulars of claim.

 

1) the agreement with TalkTalk was for TalkTalk TV was not upheld on their side as the service did not go live on the agreed start date,

when the service did begin it was insufficient for purpose i.e. a TV service that was unwatchable from both from an internet speed

and quality of equipment perspective (low visual quality TV box) cancellation was within 14 days of the start date.

 

2) The service was cancelled by myself not terminated (the implication of the particular of claim is that this was TalkTalk's decision),

a letter dated 27/04/15 was received accepting cancellation of the TV service with a pre-addressed equipment returns package and

all TalkTalk property was returned on the 29/04/15 as printed on the post office receipt. This was the last contact I had with TalkTalk.

 

3) I have received no Notice of assignment.

 

4) I have had no contact with TalkTalk since receipt of letter dated 27/04/15.

 

(the letter and receipt were attached in the original post.)

 

Regards

 

Dave

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So you need to incorporate that into the main body of the defence....


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Brilliant, thanks Andy, I will get that sorted and repost for approval before uploading to mcol.

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I have received these letters today from Lowell's,

I had no previous knowledge of the letters until today.

Do these affect my defence in any way and if so how should I amend.

 

Defence

 

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

The claimant's’ particulars of claims disclose no legal cause of action as the claimant's statement

of case is insufficiently particularised and does not comply or even attempt to comply with

CPR part 16.2 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.The claim is denied. I am unaware of what debt the claimant refers to.

 

The agreement with TalkTalk was for TalkTalk TV was not upheld on their side as the service

did not go live on the agreed start date.

When the service did begin it was insufficient for purpose i.e. a TV service that was unwatchable

from both from an internet speed and quality of equipment perspective (low visual quality TV box)

 

The service was cancelled by myself within 14 days of the start date, not terminated (the implication of the

particular of claim is that this was TalkTalk's decision). A letter, dated 27/04/15, was sent by TalkTalk

accepting cancellation of the TV service along with a pre-addressed equipment returns package and all TalkTalk

property was returned on the 29/04/15 as printed on the post office receipt. This was the last contact I had with TalkTalk.

 

I have requested information pertaining to the claimants claim by way of a CPR 31.14 request.

The claimant has failed to respond.

 

3.The claim is denied the Claimant has not served a Notice of Assignment pursuant to the law of property act 1925 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

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

 

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

 

5. On the alternative, ias 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.

 

6. 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.

 

cheers

 

Dave

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Phone number still showing..uploads unapproved.

 

Why do you wish to amend the defence ?


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docs redacted merged and converted to pdf above


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Hi Thanks guys, I missed that number :)

 

with regards to amendments, it was more a case of do I amend? but I mistook their introduction letter as a notice of assignment.

 

Is the defence ok to admit now then? is the way I drafted the additions into your original defence correct. Also do mcol accept attachments so I can use the receipts and letters as evidence?

 

Thanks

 

Dave

Edited by davey boy

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Hi Thanks guys, I missed that number :)

 

with regards to amendments, it was more a case of do I amend but I mistook their introduction letter as a notice of assignment.

 

Is the defence ok to admit now then? is the way I drafted the additions into your original defence correct. Also do mcol accept attachments so I can use the receipts and letters as evidence?

 

Thanks

 

Dave

 

You need to amend that they have made a partial response to CPR (Notice of Assignment) the rest still stands...and no you cant and dont attach anything to the defence...that comes later.


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Attention required on the points in red

 

 

Defence

 

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

The claimant's’ particulars of claims disclose no legal cause of action as the claimant's statement

of case is insufficiently particularised and does not comply or even attempt to comply with

CPR part 16.2 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.The claim is denied. I am unaware of what debt the claimant refers to.

 

The agreement with TalkTalk was for TalkTalk TV was not upheld on their side as the service

did not go live on the agreed start date.

When the service did begin it was insufficient for purpose i.e. a TV service that was unwatchable

from both from an internet speed and quality of equipment perspective (low visual quality TV box)

 

The service was cancelled by myself within 14 days of the start date, not terminated (the implication of the

particular of claim is that this was TalkTalk's decision). A letter, dated 27/04/15, was sent by TalkTalk

accepting cancellation of the TV service along with a pre-addressed equipment returns package and all TalkTalk

property was returned on the 29/04/15 as printed on the post office receipt. This was the last contact I had with TalkTalk.

 

I have requested information pertaining to the claimants claim by way of a CPR 31.14 request.

The claimant has failed to respond.

 

3.The claim is denied the Claimant has not served a Notice of Assignment pursuant to the law of property act 1925 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

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

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

 

5. On the alternative, ias 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.

 

6. 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.


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Hi Andy, I have made the amendments, I do not know if the point I made in paragraph 3 letter c is relevant or if I should leave it out but it popped into my head, so I put it :)

 

Defence

 

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

The claimant's’ particulars of claims disclose no legal cause of action as the claimant's statement

of case is insufficiently particularised and does not comply or even attempt to comply with

CPR part 16.2 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.The claim is denied.

The agreement with TalkTalk was for TalkTalk TV and was not upheld on their side as the service

did not go live on the agreed start date. When the service did begin it was insufficient for purpose i.e. a TV service that was unwatchable from both from an internet speed and quality of equipment perspective (low visual quality TV box).

 

The service was cancelled by myself within 14 days of the start date, not terminated (the implication of the particular of claim is that this was TalkTalk's decision). A letter, dated 27/04/15, was sent by TalkTalk

accepting cancellation of the TV service along with a pre-addressed equipment returns package and all TalkTalk property was returned on the 29/04/15 as printed on the post office receipt. This was the last contact I had with TalkTalk.

 

I have requested information pertaining to the claimants claim by way of a CPR 31.14 request.

The claimant has failed to respond in full to my request, only offering a Notice of Assignment and not been able or unwilling to supply;

(a) The agreement

(b) The default notice

© The termination notice

(d) A statement of account

 

3.The claim is denied 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

© show how TalkTalk intended to provide a service after cancellation and requesting the return of their equipment.

 

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

 

5. On the alternative, ias 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.

 

6. 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.

 

Cheers

 

Dave

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Hi again guys,

 

I have re-tweaked the defence again, hopefully this one is ok to send.

 

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

The claimant's’ particulars of claims disclose no legal cause of action as the claimant's statement

of case is insufficiently particularised and does not comply or even attempt to comply with

CPR part 16.2 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.The claim is denied. I am unaware of what debt the claimant refers to. I have requested information pertaining to the claimants claim by way of a CPR 31.14 request. The claimant has failed to respond in full to my request, offering only a copy of the Notice of Assignment, I have no recollection of having received the original and the claimant has not been able or unwilling to supply;

(a) The agreement

(b) The default notice

© The termination notice

(d) A statement of account

 

3. Paragraph 1 is noted, The service was for TalkTalk TV and was not upheld on their side as the service did not go live on the written start date. When the service did begin it was insufficient for purpose i.e. a TV service that was unwatchable from both from an internet speed and quality of equipment perspective (low visual quality TV box).

The service was cancelled by myself within 14 days of the start date, not terminated (the implication of the particular of claim is that this was TalkTalk's decision). I have in my possession a letter, dated 27/04/15, that was sent by TalkTalk confirming cancellation of the TV service along with a pre-addressed equipment returns package and all TalkTalk property was returned on the 29/04/15 as printed on the post office receipt. This was the last contact I had with TalkTalk.

 

4.The claim is denied 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.

 

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, ias 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. 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.

 

cheers

 

Dave

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It should suffice although there is a little too much information being passed to the claimant in 3....normally save d for a witness statement should they decide to proceed.


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