Lowell Solicitors / Old BT Broadband Account

[toyahsam1979]

Hi - I know this has been advised on loads of times, so i'll keep this brief as possible. I have read and read the threads and have formulated my defence, I just wondered if someone would cast their eye over it and make sure it reads okay.

 

Background:

 

Name of the Claimant - Lowell Portfolio

 

Date of issue – 7 February 2018

 

AOS on MCOL entered on 7 February 2018

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.

 

Full POC

 

1.The Defendent entered into an agreement with BT Plc under account reference.....

2.The Defendant failed to maintain the required payments and the services were terminated.

3.The agreement was later assigned to the Claimant on 27.3.2017 and notice was given to the Defendant.

 

Despite repeated requests for payment the sum of £349.54 remains due and outstanding.

Claimant Claims:

The said sum of 349.54

Interest pursuant to S69 County Court Act 1984 at the rate of 8% per annum from the date of assignment etc etc

Costs

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Not sure

 

What is the value of the claim? Total £458.75 Inc fees and costs (373.75 claimed)

 

Is the claim for - BT Broadband Account

 

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. Assigned to Lowell

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

 

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? January 2014 account was closed (or I thought it was)

 

What was the date of your last payment? 18 January 2014 for £301.88 which I thought settled the account.

 

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? No

 

I requested details the day I received the claim form from Lowell under (mistakingly the CPR rules for Credit Agreements, I got back an email stating that they were not required to retain and provide me with a copy of the agreement, also default notices does not apply and are therefore not issued etc.

 

I honestly cannot remember what happened with this account. I left my home with my children as my husband was in a black hole of addiction at the time, and I left without most of the paperwork. He has subsequently passed away so I can't ask him either.

 

So this is my proposed defence

 

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

 

Paragraph 1 is accepted. I have, in the past, entered into a contract with BT PLC, 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 in my letter to them of 7 February. The claimant responded on the 13 February, but 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.

 

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 BT.

 

Paragraph 3 is denied. The claimant never served a Notice of Assignment pursuant to the LoP Act 1925. However they did subsequently send me a copy on the 13 February 2018.

 

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.

(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;

 

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

 

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

 

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.

 

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.

 

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 comments or help greatly received

[AndyOrch]

......but you really should try to find out if......

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Not sure

 

You either received it or not before the claim form...and if not its imperative its included within your defence...all claims issued after 01.10.17 must comply.....

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

 

 

Andy

[toyahsam1979]

I am pretty sure I haven’t as I think I would have kept it.. but won’t they say they did regardless?

[AndyOrch]

They can but they will have to prove it.....

 

Insert the following.......

 

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.

 

The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

Paragraph 1 is accepted. I have, in the past, entered into a contract with BT PLC,........etc etc

[toyahsam1979]

Okay great thank you. Will do!

[AndyOrch]

Must be submitted by Friday 4.00pm

[toyahsam1979]

Defence submitted.. watch and wait time...