Lowell claimform - old Talk Talk landline/broadband debt

[mackem67]

HI

 

My partner has just received a county court claim form in respect of an old Talk Talk account.

 

He terminated his agreement with Talk Talk as he was moving home and no longer required the service.

 

Talk Talk then advised he would be charged for the remainder of his contract.

My partner disputed this and has not paid.

The initial required payment was around £150 and this has now escalated to £242.70 since Lowell took over in January 2017.

 

The claim form states that *the defendant failed to maintain required payments and the service was terminated*

 

This is incorrect as he contacted Talk Talk to advise he was no longer living at the property and no longer required a service, meaning he terminated the service.

 

The total on the claim form is now £336.05.

 

The last letter he received prior to this was on August 11th 2017 offering a reduced payment by 40%.

 

I would just like some advice about this.

Does he need to accept the claim and pay the full amount or is he able to dispute the hefty amount?

[renegadeimp]

Therye calling his bluff hoping to get a judgement by default. Sit tight and the regulars will be around asap.

[mackem67]

HI

 

Sorry I have to change some of the info I gave. He actually received a Letter of Claim dated 12/10/17 from Lowell Solicitors. He received County Court Claim Form today

[BankFodder]

Have they complied at all with the new pre-action protocol?

[mackem67]

HI

 

Yes they sent a letter of claim with all the forms. They have not sent any info regarding the account

 

(ii) enclose the most recent statement of account for the debt and

state in the Letter of Claim the amount of interest incurred and

any administrative or other charges imposed since that

statement of account was issued, sufficient to bring it up to

date; or

(iii) where no statements have been provided for the debt, state in

the Letter of Claim the amount of interest incurred and any

administrative or other charges imposed since the debt was

incurred;

 

They did include (iii) stating that their client is not currently applying any interest fees or charges.

 

I feel that he is defeated and now has no come back to dispute the debt

[dx100uk]

hi ya

 

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**(1-Viewing)-nbsp

 

as well have all the info to correctly advise

 

dx

[mackem67]

Name of the Claimant ? Lowell Portfolio Ltd

 

Date of issue – 20 NOV 2017. -

 

What is the claim for

1) The Defendant entered into an agreement with talk Talk Telecom Limited under account reference xxxxxxxxxx ("the Agreement")

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

3) The Agreement was later assigned to the Claimamt on 07/12/2016 and notice givben to the Defendant.

4) Despite repeated requests for payment, the sum of £243 remains due and outstanding.

What is the value of the claim? £243 + £18 interest at 8%

 

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

 

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

 

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

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I received a letter on 23/01/2017 stating that the had written to me prior, however, I never received that letter

 

Did you receive a Default Notice from the original creditor? Not that I am aware of, however I did move house twice

 

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

 

Why did you cease payments? When I terminated the service and moved home in May 2015

 

What was the date of your last payment? May 2015

 

Was there a dispute with the original creditor that remains unresolved? Yes (verbally)

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

[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

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

 

.....

 

some bedtime reading

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=JC+moriarty&sa=Search+CAG#gsc.tab=0&gsc.q=JC%20moriarty&gsc.page=1

[mackem67]

Hi

 

Thanks for the advice. Have done acknowledgement and will start reading for defence

[dx100uk]

don't forget the cpr.

 

defence is not due for weeks yet

post up your thought first here mind

and we'll check it.

but do not miss filing date whatever happens.

 

dx

[mackem67]

HI

 

Yes I have done the cpr will post asap by signed for...And yes I will post here for you guys to check before I file defence

[dx100uk]

good just remember this is post oct changes with PAP

so an additional line needs inserted at the top

[mackem67]

Sorry dx I am unsure what line needs to be added??

[dx100uk]

not to worry easy sorted

[mackem67]

Can you tell me what I need to add to the top?

[mackem67]

HI guys

 

I have received a letter back following CPR request. Will attempt to upload here

[dx100uk]

don't forget your defence is due friday

[mackem67]

Oh I thought it was 25th? That is what the letter states. I will upload when I work out how lol

 

Hopefully letter is attached

 

I will need some sort of help with a defence. Talk Talk were requested to close this account in May 2014 and they are still billing up to September 2014, when I was not at the property. Unsure of what to use

 

Thanks

lowellletter3.pdf

[dx100uk]

https://www.consumeractiongroup.co.uk/forum/showthread.php?483224-Lowell-claimform-old-BT-broadband-debt(2-Viewing)-nbsp

[mackem67]

Hi

 

Could someone read through please as this needs to be submitted today?

 

1) The defendant entered into an agreement with TALK TALK under account ref xxxxxxxxx

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 £242.70 remains due and outstanding.

And the claimant claims

a)The said sum of £242.70

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 £0.053, but limited to one year, being £18.35

c) Costs

 

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

 

1 Paragraph 1 is noted. I have, in the past, entered into a contract with TALK TALK, which was in dispute and never resolved to my satisfaction. 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 he is not obligated to do so by virtue of the consumer credit Act 1974. To date, no statement of the alleged account has been received.

 

2 Paragraph 2 is noted, again I do not recall any breach and I have never received the stated Default Notice. The Claimant has stated, by letter, that he is not obligated to provide a copy of the Default Notice, again by virtue of the Consumer Credit Act 1974.The account was in dispute and never resolved by TALK TALK.

 

3 Paragraph 3 is denied. The claimant has never served a Notice of Assignment pursuant to the LoP Act 1925.

 

Therefore the Claimant is to provide strict proof to:

 

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

(b) show and evidence the nature of breach and termination.

© show how the Defendant 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;

 

4. The Claimant has stated that he has made several requests for repayment, yet I do not acknowledge any debt to the Claimant.

 

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

 

6. 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.

 

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.

 

8. 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.

 

 

Thanks guys

Edited December 22, 2017 by Andyorch
edited

[dx100uk]

there is short bit regarding PAP that needs to go in point 1 I think

 

p'haps andyorch will pop in and clarify before 4pm as I cant find it.

 

dx

[AndyOrch]

Defence edited in post #20.

 

Regards

 

Andy

[dx100uk]

Post 5 says he did get the PAP Andy

[AndyOrch]

there is short bit regarding PAP that needs to go in point 1 I think

 

p'haps andyorch will pop in and clarify before 4pm as I cant find it.

 

dx

 

Was just going off your last post DX...now removed

[dx100uk]

Sorry my bad then

I thought you'd indicated that all defences would need an addition since pap came in

 

OK so good to go then MM