Lowell claimform - Old 3 Debt - Help please

[tearsvoice]

Dear dx100uk,

Yes I do have the claim number which is on the Letter from Lowell, I use this claim number while I called court.

 

There is no password in the additional information pack.

All the documents court send me via email are "claim" and "response form",

I have attached the 2 emails in the previous post.

 

Should I call court again to ask password?

what is the password for please?

Is it a account for the court website?

 

Sorry, No idea of this

[dx100uk]

you can respond by email ok

but it would be easier by mocol website.

 

ring and ask why you have no password

it might well be that mcol cannot now be used as its a reset claim' shall we say claim

 

no harm in asking

 

you've been here since august you really should have taken the advise and links earlier to get reading up. but no worries.

 

see if you can get the password and check mcol works with them

if not ask the email address to use to return AOS.

and well get that does today oneway or another

[tearsvoice]

Dear dx100uk, I called court again just now, they said if I dont know the password they could not give me, the only way is to respond the claim via email (I have got it) ASAP today, otherwise CCJ may issue soon.

They also said it is too late to response with the Acknowledgement of service, They advise me response with filled Defence form ASAP.

 

I am going to fill in the Defence form and defence all of the amount and scan then email court, but not sure what to fill in the defence section?

I do read some other posts, but forgot what do they put in the defence section to be successful...

Edited October 23, 2018 by dx100uk
quote

[dx100uk]

ok well done.

 

let me have a quick review and we'll find something suitable

[dx100uk]

cant see why you cant use this

 

and ofcourse send off a CPR 31:14 too !! to lowells

 

adapt AS NECESSARY

THIS IS AN EXAMPLE ONLY

 

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.The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claimicon 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.

 

.

2. Paragraph 1 is accepted. I have, in the past, entered into a contract with EE Limited , however I do not recall the exact details. 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 they are not obligated to do so by virtue of the consumer credit Act 1974. To date, no statement of the alleged account has been received.

.

3. 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.

 

4. Paragraph 3 is denied.I do not recall having received a Notice of Assignment, as stated by the Claimant. They have sent an alleged copy dated 18 November 2016 from my cpr31.14 request. This is the first time i have seen this letter.

.

5. Paragraph 4 is denied in regards that the claimant is misleading the court in its pleadings and has never made contact or made requests prior to issuing this claim. Its sole purpose in purchasing this debt was to litigate and secure a county court Judgment and therefore Pre Action Protocol was never attempted and should be considered in deciding the outcome of their claim

.

Therefore the Claimant is to provide strict proof to:

.

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

(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;

 

.

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

.

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

.

8. 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.

.

9. 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.

.

10. 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

.

nicked from andyorch

 

………….

 

obviously adapt/renumber to match the paragraph numbers in the POC you have in the scans ok?

 

dx

[tearsvoice]

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. (my poor English, not sure should I change anything of this)

 

1.The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claimicon 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. (my poor English, not sure should I change anything of this)

 

2. Paragraph 1 is accepted. I have, in the past, entered into a contract with 3 Mobile (not sure should I accepted it or not, because I could not remember), however I do not recall the exact details. 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 they are not obligated to do so by virtue of the consumer crediticon Act 1974. To date, no statement of the alleged account has been received.

 

3. 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.

 

4. Paragraph 3 is denied. I do not recall having received a Notice of Assignment, as stated by the Claimant. They have sent an alleged copy dated 26 July 2018 from my cpr31.14 request. This is the first time i have seen this letter.

.

5. Paragraph 4 is denied in regards that the claimant is misleading the court in its pleadings and has never made contact or made requests prior to issuing this claim. Its sole purpose in purchasing this debt was to litigate and secure a county courticon Judgment and therefore Pre Action Protocol (not sure about Pre action protocol, but I received Letter of Claim 03/06/2018, then I sent back with reply form and CCA request) was never attempted and should be considered in deciding the outcome of their claim

.

Therefore the Claimant is to provide strict proof to:

.

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

(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;

 

.

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

.

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

.

8. 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.

.

9. 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.

.

10. 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

Edited October 23, 2018 by dx100uk
added blues

[dx100uk]

leave as is

 

need to rework para 5 and drop the PAP letter stuff as you did get it and did respond

 

and 6 should go too.

 

updated post 32 sorry lost internet.

 

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. I have, in the past, entered into a contract with 3 Mobile, however I do not recall the exact details. 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 contract/agreement, stating they are not obligated to do so by virtue of the consumer credit Act 1974.

 

2 . Paragraph 2 is noted, again I do not recall any breach and I have never received a termination/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.

 

3 . Paragraph 3 is denied. I do not recall having received a Notice of Assignment, as stated by the Claimant. They have sent an alleged copy dated 26 July 2018 from my cpr31.14 request. This is the first time i have seen this letter.

 

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

 

Therefore the Claimant is to provide strict proof to:

.

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

(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;

.

5. 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.

 

6. 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.

.

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

Edited January 23, 2019 by dx100uk
merge

[tearsvoice]

You are super dx100uk, I was still try to reading and understand all the paragraph (poor english).

 

I will copy the yours, and print it, sign it and then attached together with the Defence Form (Defence section in the form is not enough for hand writing), then scan and send to court?

 

Thank you dx100uk.

[dx100uk]

yep best we can do at short notice

and even though they say AOS is too later

no harm in sending that too.

 

sorry I had issues but i'm out in a very remote part at present an the internet is in/out like the wind [chasing sheep that have become stranded over the peat marshes as we've had 4 days of non stop rain.] BAAA..:flock: the things we get involved with due to relatives and friends...

 

dx

[tearsvoice]

I have sent the Claim Response via email to [email protected].

Hopefully I wont get CCJ at this stage.

 

Thank you dx100uk. coz my poor english, I need to check the meaning of " i'm out in a very remote part at present an the internet is in/out like the wind [chasing sheep that have become stranded over the peat marshes " sad sad. i think I need to read more English newpapers.

Btw, I really like the way you talk in a humorous way, relaxed my nerve. Super.

 

Now await for court reply to see what is the next.

 

Thanks again dx100uk and Andyorch.

[tearsvoice]

Update,

Received court letter this morning. Dated 29 november 18

 

NOTICE OF PROPOSED ALLOCATION TO THE small claimsicon TRACK

 

1. This is now a defended claim. The defendant has filed a defence

 

2. It appears that this case is suitable for allocation to the small claimsicon track.

If you believe that this track is not the appropriate track for this claim, you must complete box C1 on the Small Claims Directions Questionnaire ( Form N180 ) and explain why

 

3. You must by 17 December 18 complete the Small Claims Directions Questionnaire ( Form N180 ) and file it with the court office ... and serve copies on all other parties "

 

From reading other post, I think i should do the following:

 

Yes to Mediationicon

Yes to small claimsicon Track

State your local county courticon

 

3 copies

1 to court

1 Lowell solicitor [minus email/sig/phone

1 for myself file

 

BUt I still not sure of some questions:

1: should I post it to court and lowell solicitor on 17th Dec? or should make sure they receive it before 17 Dec?

2: can i post it using normal second class or must be record?

3: "Expert evidence, are you asking for the court permission to use the written evidence of an expert?" should I say NO?

4: "For the medication to be success ful there needs to be some flexibilityfrom all parties and a willingness to listen and consider each other's ppsitions. Can u agree to this?" should I tick YES?

"i CAN CONFIRM THAT i HAVE ENOUGH INFORMATION ABOUT THE CLAIM, TO ALLOW ME to enter into negotiation." actually i did not get something like contract with 3 G, but should I still tick YES here?

 

Thank you very much.

[dx100uk]

you left out 1 wit you.

 

you can post it when you like sooner the better

 

id ensure it atleast got to the court guaranteed

 

the sols one can go 1st class with free proof of posting from the po counter

 

you answer yes to mediation questions to show willing to give them time, entering into the 'spirit' of mediation.

when, eventually it comes around to the actual mediation day / phone conference

the three questions are asked again.

should the claimant have still failed give you enough information by then to make an informed decision you then say NO.

mediation will fail

[AndyOrch]

3: "Expert evidence, are you asking for the court permission to use the written evidence of an expert?" should I say NO?

 

Correct

[tearsvoice]

Dear all, update: I got email of Small Claims Telephone Mediation Service for the mediation on 11 Jan 2019 and said the following information. I am not sure should I answer YES to all these 3 statements and request for a mediation call, then during the mediation call i told them I dont have enough information then mediation failed? OR should I answer NO to statement 2 to reply the email, means mediatioin failed automaticaly?

 

Thank you so much for all the help. Happy new year

 

"A telephone mediation session of up to one hour is available to you Monday to Friday between 9:30 and 13:30, which needs to take place within 21 days of this email"

Please read the following 3 statements:

 

Yes

No

1. For mediation to be successful there needs to be some flexibility from all parties and a willingness to listen and consider each other’s positions. Can you agree to this?

 

2. I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before I can mediate

 

3. I am available to mediate on one of the following days

(You must tick at least 1 of the following, you may tick more than 1 if applicable)

Mediation is only available to you if you can answer YES to all 3 statements above. If you cannot answer YES to each of the 3 statements, mediation is not suitable for your case.

If you have answered yes to all 3 questions and you would like to try mediation, please also complete the following table and return the email to xxxxx

[dx100uk]

If you havent the info to make an informed decision you say no

[tearsvoice]

OK I will answer NO to statement 2 and reply the email, because they never give me the contract. Thank you dx100uk

[dx100uk]

you really need to read around tears..

this is explained in almost every claimform thread>

 

you agre to mediation right up until the point of the actual telephone mediation to give the other side time to comply, thus entering into the spirit of the exercise.

WHEN you actually have the mediation call, the same questions are asked.

 

dx

[tearsvoice]

Dear dx,

I did read lots of other thread, I actually searched a lot, and know you did told on other thread about the mediation to the call stage, then tell them on the phone that I dont have all the information.

 

But when I got the email of the mediation invitation, on the email said unless I tick all the 3 statements then I can reply the email for the medation arranged call. I got confused , that is why I think I should double check with you if I should say YES to all 3 statements which will bring me to the mediation phone call....

 

Thank you very much dx.

[dx100uk]

you say yes for now

WHEN you actually have the mediation call, the same questions are asked.

 

if you've not then got all the info to make an informed decision .....you say no.

 

just type no need to hit reply with quote