Lowell Claim Form regarding 02 dept***Claim Discontinued ***

[wild26]

Name of the Claimant ?*Lowell Portfolio 1 limited

 

Date of issue – 30 Jan 2018

 

Date to submit defence =*2 March 2018*[as 33 falls w/end -dx]

 

What is the claim for –*

1) The defendant entire into an agreement with*02 (UK) *under account reference xxxxxxxx ('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 28/02/2014 and notice given to the Defendant.

 

4) Despite repeated requests for payment, the sum of £1026.29 remains due and outstanding.*

 

And the Claimant claims

a)The said sum of £1026.29

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum to the date of issue, accruing at a daily rate of £0.225 but limited to one year, being £82.10

c) Costs

 

What is the value of the claim?*£1258.39

 

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?*It was 2008

 

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?*Yes

 

Did you receive a Default Notice from the original creditor?*Yes

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?*No, although I do have a 'Statement of Account' from Lowell

 

Why did you cease payments? due to ill health and out of work fell behind with payments**

 

What was the date of your last payment?*my credit file went into default in 26/11/2013

 

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 plan ?*No

Lowell Claim Form regarding 02 dept

 

Hi there need some advice regarding a claim form i've received from Lowell solicitors regarding a*02

mobile phone debt.*

 

Back In 2008 I took out a 02 mobile 12/24month Phone contract for my work & business,

after 24 months i renewed the contract for another 24 months

 

Towards the end of that i got very ill and i fell behind with the payments with 4/5 months left on the contract.

They put a restriction on the service until they eventually suspended the service owing £355.

 

As i was out of work due to ill health i was unable to pay this amount ,

they placed a default on my credit file in back in 2013

since then lowell brought the debt & wrote me saying that i now owe over a grand for a service that i do not use.

 

i do believe it is now statute barred

i need advice of how to apply this as a defence on my claim form.

 

Please help i as never done this before . details of this claim written above

Edited February 2, 2018 by dx100uk
formatting

[fkofilee]

What country do you live in please ...

[wild26]

london England UK

[fkofilee]

6 years is applicable to Stat Barred Debts...

When was last payment? NOT when the default was applied...

[dx100uk]

yep default date is immaterial.

 

if you credit file says a defaulted date

what do that payments sections say?

 

if its over 6yrs then its statute barred.

 

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 start 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.

 

whilst you are on MCOL

and if you are 1000% you not paid in the last 6yrs

file this defence at the same time..

 

1 The Claimant's claim was issued on (insert date).

 

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.

..

..ends..

 

job done

 

dx

[wild26]

last payment to O2 was back in 12/11/2011

[brassnecked]

Looks like Lowell have missed the deadline so it's SB

[fkofilee]

So it took o2 2 years to default it?

That doesnt seem right...

Wonder if they have fiddled with the date...

 

Follow DXs advice on this one...

If they say it isnt SB then you put them to strict proof on how that payment was made...

[dx100uk]

last payment to O2 was back in 12/11/2011

 

where has this info come from?

[wild26]

this info is from my bank statement. no payment info on my noodle credit file just date of default

[dx100uk]

as post 5 then...

 

dead in the water once you do that...

[wild26]

Just a quick question. Is it necessary to send lowell a CPR 31.14 request letter ?

[AndyOrch]

Just a quick question. Is it necessary to send lowell a CPR 31.14 request letter ?

 

Yes in case they proceed and argue its not statute barred...as they will.

 

Andy

[wild26]

On the CPR 31:14 request letter it says case no is that the claim no :

[jon8214]

Yes it is

[wild26]

HI THERE

 

COULD YOU CHECK THIS LETTER FOR ME PLEASE WHICH PARTS SHOULD BE KEPT OR DELETED ?

 

[removed - dx]

[dx100uk]

please read what it says in red for the template.............

[wild26]

Hi there

 

I have sent CPR 31:14 request letter to lowell solicitors by recorded delivery,

 

I am awaiting their reply.

 

But now i have just received a mediation letter from lowell Solicitors this morning.

 

What do i do now ?

[dx100uk]

scan it up to pdf

 

read upload

[wild26]

hi there

My scanner is not working i am going get this letter scanned tomorrow then upload it .

[dx100uk]

Use phone/camera read upload!!

 

Did you file that defence on mcol?

 

You sure this letter is from Lowell's not an N180 from the court?

[wild26]

Hi there

 

no scanner yet but i have received a Notice of Proposed Allocation to Small Claims Track .....This form has to be filled in and returned by the 9th March 2018.... need advice on what this is ...thank you

 

i did file a defence on mcol

this letter is N180 from court

Edited February 28, 2018 by dx100uk
posts merged

[dx100uk]

READ OTHER THREADS...

 

we don't need to see it we know what an N180 looks like...

[dx100uk]

what defence did you file?

[wild26]

i filled this one :

 

1 The Claimant's claim was issued on (insert date).

 

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £[insert figure from their POCicon] or any other sum, or relief of any kind is denied.

..