Lowell Claimform - old Three mobile debt

[PinkPotato]

Hi,

 

I am knew here so I hope someone can assist.

 

About a week ago I got a court claim (from Northampton) from Lowell Solicitors for a debt with Three mobile.

 

Long story short,

went through a nasty divorce, family mobile contract in my name, due to "hostilities" I stopped the contract,

in the furore I forgot about it, thought ex had taken the contracts over.

 

Lowell have sent the matter to court and was wondering what I should do next?

 

I have sent in the acknowledgement of service and stated intend to defend in full,

however would be grateful for some words of advice regarding what I should do next please.

 

I have no income so this is a bit of a nightmare to me!

 

Hope someone can advise.

 

Thanks

[Bazooka Boo]

Well done for Ack and defending in full.

 

How old is this?

 

How much is it for?

 

Were they sending any correspondence to your address previously?

 

Send a SAR to 3 and get a complete history of the running of the agreement, see how much of it is fees and contract.

[PinkPotato]

Hi,

 

Its about 4 years old and for £462. Yes, they did but I stupidly ignored them as was suffering from depression due to divorce.

 

Thanks for advice.

[ericsbrother]

are Lowells chasing you in their own name or on behalf of 3?

 

If the former did you get a notice of assignment of the debt to them and if so when?

 

have you received annual statements?

 

are there any fees/charges applied to the account?

 

The SAR should tell you most of this if you dont have the paperwork but digging out what you do have may supply enough data to show their claim is for the wrong amount

[PinkPotato]

Hi,

 

Thanks for your reply.

 

They did send me some letters, but don't remember an assignment. No annual statements. Not sure on fees, it has court fees on. I don't have any paperwork as much got lost in the divorce process and my depression (was suicidal and had a lot of counselling and pills).

 

Not sure what to do re the defence or communicating with Lowells as they have written me a letter advising that case is now with the court and would like me to arrange a payment plan.

 

Can I defend it?

[Bazooka Boo]

Did you complete the MCOL?

 

Don't worry about the defence just yet,

[PinkPotato]

Yes, I sent back the Acknowledgement of Service using MCOL, that's all I've done so far. Should I do something more?

 

Thanks

[Bazooka Boo]

Have you got all of the info you need regarding the contract?

 

If not, SAR 3 for the info.

 

CPR 31:14 for the evidence they intend to rely on in court too.

[dx100uk]

sorry you appear to have gotten missed

 

can you complete this please

 

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

 

then we'll get you moving

but no you don't send an sar , no need.

 

 

dx

[PinkPotato]

Name of the Claimant ? LOWELL PORTFOLIO I LTD.

 

Date of issue – 22 SEP 2017

 

What is the claim for –

 

Particulars of Claim

1) The Defendant entered into an agreement with Three Mobile under account reference --------------6 (I haven't included the account number)

 

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 £350 remains due and outstanding.

 

And the Claimant claims

a) The said sum of £350

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 £0.08, but limited to one year, being £28

c) Costs

 

What is the value of the claim? £463 inc costs

 

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

 

When did you enter into the original agreement before or after 2007? NOT SURE AS ALL PAPERWORK LOST IN HOSTILE DIVORCE.

 

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 THAT I REMEMBER AS MOVED OUT OF EX MARITAL HOME.

 

Did you receive a Default Notice from the original creditor? NOT THAT I REMEMBER AS MOVED OUT OF EX MARITAL HOME.

 

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

 

Why did you cease payments?

EX WAS BEING VERY HOSTILE AND DIVORCE SOLICITOR SAID TO STOP PAYING FOR MOBILE AND OTHER THINGS.

 

What was the date of your last payment? AROUND JAN/FEB 2013.

 

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. AM AFRAID MY MIND WAS FOCUSSED ON DIVORCE AND TRYING TO KEEP HEAD ABOVE WATER AND DEALING WITH DEPRESSION.

 

I hope I have provided enough information so that you can advise me further.

 

 

Hi,

 

Thanks for your advice and I really appreciate all help and advice given.

 

Here are the answers as follows:

 

Many Thanks

[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.

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

dx

[PinkPotato]

Hi dx100uk,

 

Thanks for our advice.

 

I have already done the AOS on MCOL and ticked defend all and left jurisdiction unticked and confirmed and exit.

 

Will get the CPR 31:14 done asap.

 

Sorry for being stupid, but I take it I should sign the letter for CPR31:14?

 

Lowell sent a follow up letter to me after the claim was issued advising me they are still prepared to discuss this and set up a payment plan.

 

Thanks once again.

 

Also should I send the CPR to the Claimant (Lowell Portfolio) or the solicitors (Lowell Solicitors)?

[dx100uk]

why don't you READ post 11??

 

 

dx

[PinkPotato]

My apologies, I missed the "solicitors" bit, sorry. Thanks for your advice, it is much appreciated.

[PinkPotato]

Hi,

 

Just another quick question, how do you get the Signguard Anti Tamper signature service to work?

 

I have clicked the link above, paid the £4 for the service, yet how do I log in to use the service? There is a password box, but how do I know what the password is? It hasn't been emailed to me and isn't my CAG password.

 

Totally baffled!! Please help.

 

Thanks

[AndyOrch]

Is it not your Paypal password ?

[dx100uk]

why do you need signguard

you don't sign ANYTHING

print your name

 

 

again why don't you READ what post 11 says....properly

[PinkPotato]

Ok, sorry, it was just that the "don't sign" bit came up as a link in Post 11 and the link led to Signguard so I thought I was being directed to do that.

 

Will print name and send.

 

Apologies again.

[dx100uk]

ruddy handcuff links

i'll adapt my file to avoid those words

 

 

dx

[PinkPotato]

Signguard have refunded me the £4 as I could not make it work, which is great.

 

CPR request has been sent recorded delivery.

 

Do I need to be preparing my defence and if so what should it say?

 

Thanks for your advice, it is a relief to know there are people out there who can help and the CAG website is great.

[dx100uk]

Due by day 33

Plenty of Lowell mobile claim form threads here

Use the search CAG box of the top red toolbar

[PinkPotato]

Hi,

 

I understand I need to file my defence on Tuesday (24/10), however have not received a reply to my CPR request.

I have drafted up the following (having searched other defences on CAG), how does this look?

 

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 23/12/2014 and notice given to the defendant

4. Despite repeated requests for payment the sum of £349.49 remains due and outstanding

And the claimant claims

a) the said sum of £349.49

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 daily rate of £0.077 but limited to one year, being £27.69

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, however the claimant has not provided me with a copy of the agreement. 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.

 

3. Paragraph 3 is denied. I do not recall having received a Notice of Assignment, as stated by the Claimant. Despite requesting the Notice of Assignment under CPR 31.14, to date this the Notice of Assignment has not been provided.*

 

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.

 

All advice and input would be very much appreciated.

 

Many Thanks

[dx100uk]

para 1 needs a tidy up

bad English

 

id be filing the mobile defence regarding balance is charges to end of contract.

[PinkPotato]

Thanks dx.

 

If possible, please could you guide me to a suitable defence regarding "mobile defence regarding balance is charges to end of contract"?

 

Thanks again, I really appreciate your input.

[dx100uk]

https://www.consumeractiongroup.co.uk/forum/showthread.php?481632-Moriarty-Law-JC-International-Claimform-old-Talk-Talk-Ltd-debt&p=5071228#post5071228