Lowell County Claimform - old BT mobile debt

[AndyOrch]

Exit now.

[Tired and Weary]

Thankyou

 

Ive logged out of money claim ,what now??

[AndyOrch]

Keep a copy of your log in details safe and go back to the link and do a CPR 31.14 request...as I have already advised.

[Tired and Weary]

Is there a way to remove that last attachment???

 

 

It says in your link that it (cpr.31.14) doesnt apply to phone contracts or is that just mobiles?

[AndyOrch]

I have already unapproved it......and CCA are not applicable to mobiles......your doing a CPR 31.14

[Tired and Weary]

Can that be done by email or does it need to be by post and does it cost anything?

[dx100uk]

post 1st class mail to Lowell address on the claimform

you can use free proof of posting you get from the PO counter

all you need is to prove it was sent.

[Tired and Weary]

Ok Thanks. I found this link but is there a version that allows you to edit it ?

 

Sorry pdf working now ,didnt work before for some reason!

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

But does this acknowledging the service with intention to defend all of the claim mean we now have the extended time for a defence automatically or??

Edited June 14, 2018 by Tired and Weary
change

[AndyOrch]

To defend all automatically gives you 33 days...re read my post #11....again ...slowly:madgrin:

[Tired and Weary]

Have i documents requested listed as on the particular of claim image in post# 8

 

Anyone look at last post above,

 

so i can send off the cpr 31.14 request??

 

Thanks

[dx100uk]

Perfect

[Tired and Weary]

Cpr 31.14 request was sent on the 14th June ,theyve received it and we havent heard anything from them yet.

 

What do i do now as regards the claim on moneyclaim.gov.uk,

i did say that i wanted to avoid court if possible.

 

Does putting in a defence automatically mean attending court as Andyorch said in an earlier post that it can be avoided with the right forms?????

 

I honestly havent the foggiest idea how to write a defence.

 

Without any details of debt its hard to know what to do, as my son has not provided any details other than its a bt broadband contract taken out in about 2014 for a flat he was only in for 2-3months.

Edited June 22, 2018 by dx100uk
Spacing

[dx100uk]

So youve not been using your time wisely then by reading other lowell claim threads???

 

Its to your advantage theyve not replied..think about it

 

Post 15 refers..to one part of the def...

[Tired and Weary]

Hi Dx,

yes ive read a few but cant seem to find anything similar ,

i havent got the faintest idea what to right in a defence.

without the CPR being received im a bit in the dark about exact details.etc...

 

All i know is looking at my sons credit file the account was opened in june 2014 and he appears to have made payments 12 times

 

so even if it was an 18 month contract that would only equate to about £240 (6 months remaining contract),

 

so where Lowells get £412 + their court fees and interest totalling £530 altogether ive no idea.

 

The POC state Lowells were assigned this debt in march 2017.

 

My son says he never received any debt assignment etc... as he has lived at 3 different places since 2015.

 

Regarding a defence does that need to be done as soon as possible?

June 1st + 33days

 

But as said i havent a clue how to write one in a legal jargon format like i see on here .

 

Is there any examples from threads on here somewhere i can adapt to use ??

 

Thanks

 

point 9. i havent asked them??

so may be irrelevant?

 

I posted an example which disappeared when i edited it that i could possibly use barring point number 9?????

 

Again.....

 

 

1. I received the claim from the the County Court Business Centre in Northampton on 1st June 2018.

 

2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

 

3. This claim appears to be for a telecommunications agreement with BT Plc.

 

4. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

 

5.The Claimant’s Particulars of Claim fail to state when the agreement was entered into.

 

6.The Claimants statement of case states that the account was assigned from BT Plc to Lowell Portfolio on 27/03/2017. The Defendant does not recall receiving notice of this assignment.

 

7. On the 14/03/2018 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors.

I requested the Claimant provide copies of the agreement with BT PLC, Notice of Assignment and Deed of Assignment.

 

8. Lowell Solicitors has not sent any of these documents to me.

 

9. In that letter I also asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have have failed to respond at all.

 

10. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation.

 

Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

 

11. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

 

12. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

 

13. It is denied that the Claimant is entitled to the relief as claimed or at all.

 

Statement of Truth

 

The Defendant believes that the facts stated in this Defence are true.

 

Signed ________________________________

 

Dated ________________________________

Edited June 25, 2018 by dx100uk
merge

[dx100uk]

defence is due by tuesday week [3rd july]

 

that s very old defence

use our search cag box in the top red toolbar

 

claimform Lowell mobile

[Tired and Weary]

Hi Andy and DX,

We received these from Lowells today, turns out it is a a BT mobile contract according to what they say.

 

All letters have his current temporary address on . Im totally confused now as getting info from my son is like hitting your head on a brick wall.

 

He recalls it was a 12 month contract, now lowells are claiming the last payment was made on January 2015, when in fact he says he paid it off but has no proof. His credit file show 5 payments made in 2015 up to end of July 2015 and 7 in 2014.

 

There are two letters attached both dated 15th June 2017 addressed to his current temp. address. He has only been here for a few months. In 2017 he was living at a different address. So look like fabricated letters. also his surname is not spelled correctly on all correspondance including the court claim(though its only the last letter thats wrong)

 

They claim the £412 is made up of £207.35 early termination fee and airtime debt of £205.17 (not including their court fees ,interest etc...)

 

Any comments

 

Also credit file

 

One of the pdfs in post 41 still has the name on can it be removed?

Thanks

Correct version here :

 

Heres remaining two:

docs1.pdf

[AndyOrch]

So all copied and paste documents recreated to fit their claim.

[Tired and Weary]

Certainly look fishy to me!

[Tired and Weary]

According to one of the letters received above in response to the cpr 31.14 request it states in part of it ``mobile phones have a service agreement and therefore a default notice doesn`t apply``.

 

But above this in the same letter it says the `contract number ` linking to the account was ......... where ...... happens to be a landline number Not a mobile number. I`m thoroughly confused.

[dx100uk]

Well if you cant sort it out

How the beep...will the judge

If it ever gets that far.....

[Tired and Weary]

Hi DX, i did say earlier that im trying to help my son who has an autistic disorder and we are going through a difficult time seperate from this as mentioned early in the thread.

 

Im sorry i may be sounding dumb to you but ive never defended a court claim myself never mind for someone else ,so i would be greatful of some help.

 

Thanks

[dx100uk]

If you have too!!

 

Post 40

The more you read the stronger we become

 

Its no big deal believe me

[dx100uk]

docs sorted thread tidied...

[Tired and Weary]

So is this the sort of defence needed?

 

Particulars of Claim for cross reference only

 

1)The defendant entered into an agreement with BT PLC under account reference .......(`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 27/03/2017 and notice given to the Defendant.

4) Despite repeated requests for payment, the sum of £412.52 remains due and outstanding.

 

And the claimant claims

a) the sum of £412.52

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 £0.090,but limited to one year,being £33.00

c) Costs

The Defendant contends that the particulars of claim are vague and 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 accepted insofar that a relationship did once exist between the Defendant and BT Plc however, I cannot recall this account (Agreement) and has yet to supply me with a copy of the Account/Agreement mentioned in particulars of Claim.

 

2.Paragraph 3 is denied .The defendant is unaware of any legal notice of assignment or Notice of Assignment pursuant to Law and property Act 1925 Section 136(1).

 

3.Therefore the defendant denies owing any money to the Claimant and the claimant is put to strict proof ,

 

Show how the Defendant has entered into an Agreement.

Show how the Defendant has reached the amount claimed for.

Show how the Claimant has legal right ,either under statue 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; having been provided with written requests for information under CPR 31.14 and to date have failed to provide any such documentation as detailed on the particulars of claim.

 

5.On the alternative, if 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 1925.

 

6.Notwithstanding the above should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if 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.

 

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.

Now they have sent us the documents shown in post.41 but the assignment looks fabricated and not a true copy and the last payment date Lowell are claiming was made is obviously not correct as per credit file showing in fact no payment made in january 2015. But five further payments made from march to july 2015. So their all amount claimed is obviously incorrect and should be denied .

Also can they still claim that assigment termination etc ... have been received if they may have been sent to a previous address and so not received by the defendant??

Edited June 27, 2018 by dx100uk
spelling

[AndyOrch]

Point 2 requires a response ?