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    • bundle and WS are the same thing. all you need to do is do a witness statement  you have an advantage here don't lose it  you have their WS so can we can rip it apart.   do the link FTM says please get their WS up totally read our upload guide carefully inc use of PDF reducer /merge sites.   we dont need the cover sheet to each exhibit but everything else we need INC the name of the creator of their WS.   forget everything else you think you need to do or might have been wrong in process.   all you need to do is get a WS done and file it to the claimants sols and the court. pref by 18th.   lastly did you send a CPR request?      
    • Thankyou FTM   What I had sent in was a DEFENCE whoch was prepared/drafted by one of the appealing companies.   Since the defence they have vanished. Their email is now returning ' undeliverable'     The bundle I received today from the PPC has everything in it, including the claim form, my DEFENCE and their WS.     I am happy to redact and post the whole bundle and then you have everything.     Am I able to post the whole bundle here redacted?    the 18th January is deadline to send all documents to Claimant and court , that the DEFENDANT wish to rely upon in the final hearing . These must be in a bundle and DEFENDANT must bring the originals to the final hearing   The 1st February the C and D must send to the court and to each other copies of their own witness statements and those WSs they intend to reply upon in the final hearing. The WSs must comply......etc..     so I think the January one is for documents/bundles and the February one for the WS.    What I filed previously was a DEFENCE which was a bit general in some points rather than specific to which the claimant WS has referred to            
    • Right ... you can't file a new defence, what is done is done.   I don't really understand the difference between the  18 January deadline and the 1 February one.  In any case there is still time to respect the 18 January deadline and as a LiP you will be given some leeway.   All this secrecy though is nonsense.  No-one can help you if you don't give any information.  Forget about all the "identifying" rubbish, these horrible companies have hundreds of cases going on and can't monitor each one.  "Someone is suing me about something I did somewhere" will get you nowhere.   It's highly likely we know the company and we know the car park and can immediately help you to fight back, but straight away please fill in    https://www.consumeractiongroup.co.uk/topic/393251-received-a-court-claim-from-a-private-parking-speculative-invoice-how-to-deal-with-it-hereupdated-aug-2016/   It's your own daft fault if mail regarding a legal dispute is arriving at an address which isn't yours.    Please post up - redacted - the correspondence with the PPC including their WS (if that is what is was).
    • How about telling the pets' owners by message that you're not happy with their attitude about non-payment and not giving you their new address.   Accordingly, you'll have no option but to use their old address ( which you're entitled to do - debt chasing solicitors do this all the time ) to issue a court claim to recoup your losses, issued to their last known address.   So they either deal with what they owe (you could negotiate  a compromise maybe); or deal with the court claim if they have access to post at their old addess; or end up with a CCJ against them.
    • Hello All   I will outline the my case here but I emphasise that it has reached the hearing stage etc... and a date has been set   Unfortunately, I had asked the advice of a private company , which may be known to many, who deals with parking appeals, pay them £20 for them to disappear and thats why Ive reached this stage. They did write a template defense for me after so many emails but am unable to contact them so have to deal with this myself.     Case:   I had parked on a multicar park at a large shopping  ( i dont want to name it  as dont want to be identified)  almost 2 years ago.   The parking company (XXXXXk) , using ANRP sent me  the usual NTK asking for the fee of £90. I did not appeal at the time. I contacted the appealing company who apparently , just for £20 would be willing to assist me. They said if it does to court then they will need another fee which I agreed to.   Reason for alleged contravention- overstaying more than 4 hours ( they allege it was a few hours more) with an entry and exit time on the ANPR photos    The case went to one of the debt recovery firms. who added another 50 to the 'alleged fine' .etc.    The parking company did all the usual, and eventually I received a Claim form from the CCBC. This was acknowledged.   I replied with a 35 paragraph defense drafted by the ' appealing parking company' .   This was emailed to the court email address CCBCAQ@Justice.gov.uk   The parking company decided to proceed with small claims court ( 100 'fine', 50 damages, + court fees/interest/legal fees).      Their legal team has now emailed me the bundle they have sent to the hearing court in  my city.   Within the bundle, is included a copy of the notice of allocation to small claims track ( hearing). The date of this was before Christmas. The notice gives a date and time of the hearing   I never received this by post. I have only found out because the bundle that the claimant has sent me has a copy of it.   In the notice of allocation it states that by 18th January defendant must send to the court and claimant copies of all documents he intends to rely on.   By 1st Feb, claimant and defendant must send to  the court and each other their witness statement that they will rely on in the final hearing .       Before going into the actual substance of the defense, I have some questions about this forms   1. I havent received a copy of the notice of allocation by the post. My post is redirected to a relative and they assure me they havent received it. I only found out today about it,  as part of the bundle that the claimant emailed me. This leaves me with really no realistic chance of responding by the deadline of 18th Jan. Any advice. Again I reiterate that because of covid and mail redirection, that is very likely to be the cause of my relative yet not receiving this document by post.   Furthermore , in the  defense that had been submitted previously, it was made clear that according to the CPR PD6, I give no consent to being served by electronic means yet the legal team of the claimant has emailed me the documents.      2. I had already filed a defense  previously as drafted  by the appealing private company , so Im not sure whether i need to file another witness statement again, albeit this would be to the local court to which the hearing has been allocated to. Would the initial defense submitted at an earlier not be the same ? or do I now have a chance of writing a new one because the claimant has now filed their witness statement and all their evidence so I can be more specific in tis defense.   Before really divulging in the details can I please have some constructive comments/advice as to whether I need to submit a new defense , and whether the one summitted earlier to the Northampton courts would have now reached the local court where the hearing woill occur. Also, where do I stand with the deadline of next Monday which i wont meet given that I wasnt aware of this at all neither by electronic mail notification or redirected post.   Thankyou              
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Lowell claimform - old 3 mobile debt


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Hello everyone.

I need an advice.

 

Received a letter on 06 July this year from Lowell.

It states I owe them £510.38 for an account I had with Three mobile years ago.

 

As far as I remember from previous letters this alleged debt and another smaller one (60) with Three exchanged hands few times and are now owned by Lowell .

 

The thing is I have no idea where this amount of debt comes from.

I had 2 contracts with Three,

one for mobile broadband (which i closed 5-6 years ago and dont owe anything)

and another one which was opened 8 years ago and i kept renewing until I abandoned about 5 years ago and stopped paying.

 

it is likely they put all sorts of charges etc. , for which i have no recollection of letters etc.

But still the amount seems too too high and dont know if the original account number with Three they have quoted is mine.

 

I think I need to request info from Lowells without accepting any liability or that the account belongs to me, as they might be just shooting in the dark.

 

Kind of '' prove it letter'', instead of request for summary of account under the consumer protection act.

 

The letter from Lowell :

''Dear Mr. source of income

 

Your Three Mobile account remains unpaid. We are now deciding whether to transfer your account to our solicitors to take legal action against you to recover this debt ''

letter continues with explaining what legal action is etc. etc.

 

So in summary :

- received letter from Lowell that they consider transferring my account to their legal team

- i have no idea if that account belongs to me

- i have no idea where the amount of debt mentioned is coming from, have no memory of receiving any letters with charges from original debtor (Three)

- need to establish if account is mine and where this amount has been worked out

 

Thank you in advance

 

Also they put a new default date on that alleged debt in my credit file , although the original default date is years ago.

 

How can I include a request for this default to be removed ?

 

P.S. Having debt on my credit file doesnt mean I owe the debt, as I havent checked my debts and credit file for few years due to illness.

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Consumer protection act ? Not a UK act in that name. Consumer rights act not relevant and did not apply 5 years ago when you had the 3 account.

 

Lowell do issue a lot of court claims, so you might want to raise a query with 3 Mobile using the reference number Lowell have provided. Give 3 Mobile your name/address at the time as well as your new address to respond to. Ask 3 mobile to provide you with last statement of account detailing the last balance owed and also confirm when they last received a payment on the account.

 

In the meantime, just reply to Lowell that you dispute any debt being owed to 3 mobile as you don't recognise the details contained in their letter. As you believe there might be an error, you have contacted 3 mobile for information.

 

That should be enough for now. If you search CAG, you will see threads where Lowell have taken 3 moble debts to court. Also threads where people have received court claims and managed to avoid CCJ's.

 

A default for this debt can be added if the data is correct. If the data is wrong then you can dispute it with Lowell/3 mobile.

We could do with some help from you.

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Thank you for responce unclebulgaria67.

Sorry, remembered name of act wrong.

 

 

Do I need to contact Three as well,

because Lowell owes the debt now and are required to provide me with all the information and reply to requests as the original debtor should provide me with.

 

 

Also about the default - there already has been default registered for the same debt years ago.

 

 

How is it legal to give new and new defaults with newer dates

- that will mean it will never go away from my credit file and will never go statue barred.

That doesnt seem right tbh.

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SAR to Three might help, Lowell are noted for gaining default CCJ at old address on Statute barred debt, so get that info from £ asap/

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Also they put a new default date on that alleged debt in my credit file , although the original default date is years ago. How can I include a request for this default to be removed ?

P.S. Having debt on my credit file doesnt mean I owe the debt, as I havent checked my debts and credit file for few years due to illness.

 

The following thread may be of interest and how to deal with incorrect data reporting...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?479229-Arrow-put-debt-back-on-Experian-with-bogus-default-date-OCs-DN-was-2006!!

 

As regards to the debt itself and Lowell..ignore them and let them transfer it to the next desk near the kitchen...their legal desk...and if they issue a claim we will advise how to defend it.

 

Contact them or acknowledge the debt with them at your peril.

 

Andy

We could do with some help from you.

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got get your credit file.

statute barring date is nothing to do with defaulted date.

they are not linked.

 

if you have never told lowells [or for that matter any other debt owners on your creditfile]

in writing that you have moved, then you need to do so to avoid backdoor CCJ's IF you cant get mail quickly that is being sent to the address you took any credit out at

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Sorry for late reply, was busy with work and family.

Thank you brassnecked, Andyorch and dx100k for your advice.

 

 

I wiill do the SAR to Three and inform Lowels that I dont recognise the debt and had contacted Three about the debt,

that I am waiting for the reply

and once I have clear and detailed information we can start discussing the options how to resolve the situation.

That will probably calm them down.

 

 

Also will make sure they have my current address and request they send me as much info about that account as well .

 

 

I think that is all I need to do at this point ?

 

 

Will keep you updated, thx again to everyone, who gave me advice and have a good weekend.

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Just don't acknowledge the debt at all.

 

 

So when you say " discussing the options how to resolve the situation", that sounds like acknowledgement.

 

 

You don't need to say that.

 

 

All you need to say is that you don't recognise any debt with Three Mobile and have contacted them for information to help clarify matters.

We could do with some help from you.

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Rodger that unclebulgaria. I think that is the best line of action too. And truth to be told I dont know which account they are talking about or where this large amount of debt is coming from ...

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 year later...

I received a Northampton county court claim for the sum of 551.21, court fee 60, legal representative cost 70, to the total amount of 681.21.

 

The particulars of the claim :

 

'' The defendant entered into an agreement with Three mobile under account ref N xxxxx '' and '' failed to maintain the required payments and the service was terminated '' . '' The right to collect the outstanding balance was assigned to the claimant '' .

 

Issue date of claim is 18 July 2018

I entered acknowledgement of service on 18 July 2018

 

According to my own calculations date of service is 23 July 2018 and I need to enter the defence on the MCOl website by end of 21 July 2018 .

 

My defence is that I have no knowledge of this debt. I had various accounts with Three mobile during the years. Last one I had was about 6 years ago and had couple of missing payments ( was in severe depression for years at the time and left things on their own as wasn't in a state to function properly. I don't think this is the debt in question, as there is another debt claimed by the same company for the sum of £60, which sounds about right for what I should owe.

 

Was thinking of sending request to Lowell Portfolio Ltd or/and Three mobile for info about these claimed debts to check what they base their claims on and also to check if 6 years have lapsed on them, as I never acknowledged these debts. But don't think they will respond quick enough and probably is better to request Lowell to provide those at the court hearing. So I am thinking of my defence to be something in the lines of :

 

'' I do not recognise this debt. I am asking the claimant to provide the necessary documentation to prove the debt, that it is owed by me/ is not statue barred and that they own the rights to it. If the claimant fails to do it, I am asking respectfully the court to dismiss the claim, order the claimant to stop contacting me about it, remove it from my credit profile and reimburse me for my expenses. ''

 

My questions are :

 

1. Are my calculations about the last date of defence right ?

 

2. Is the defence I choose appropriate and wording correct/suitable ?

 

Thank you for the help

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Use the holding defence, and do you mean 21st august? You can always edit your defence later on.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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its due Friday by 4pm

 

threads merged and moved to legals for history

 

did you not send a CPR 31:14? when you got the claimform?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I am sorry for the factual mistakes in my comment.

 

'' I entered acknowledgement of service on 18 July 2018 '' - date should be 06/08/2018

 

'' According to my own calculations date of service is 23 July 2018 and I need to enter the defence on the MCOl website by end of 21 July 2018 . '' - the date which I meant was 21 August 2018

 

My apologies, did post in a rush ....

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Thank you for advice renegadeimp. I don't know what holding defence is ? Have you got any link to explain it pls ? Google gives many answers, but didn't see clear one.

 

'' do you mean 21st august? '' - yes, sorry, my mistake, posted the edit in my earlier reply

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Claim was issued 18 July 2018..that is the date of service...your defence is due this Friday 17th Aug before 4.00pm

 

Link to Legal Success Forum....many examples of holding defences.

 

https://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

 

Andy

We could do with some help from you.

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Hi again dx100uk and thank you for the help again.

 

'' its due Friday by 4pm '' - do you mean this Friday ?

 

'' did you not send a CPR 31:14 when you got the claimform? '' - No, I have not ...

 

From what i understand i need to send that to the claimant's solicitors before I file my defence ?

 

Thx

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Thank you Andy for advice.

 

So to summarise based on the advice I have been given I need to :

 

1. Send CPR 31:14 to the claimant's solicitors before submitting the defence

 

 

2. Submit holding defence before tomorrow, Friday 4:00 pm

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Are you not going to draft a defence and post here for checking ?

 

Holding defence still have to be edited to suit your claim.

We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Ugh, yes, you are right.

I am going to the search bar to find similar cases and then edit the defence to suit my case and circumstances.

Will post for approval and editing, most likely later this evening ...

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Link already provided in my post#16 of all the successful holding defences.

We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Link already provided in my post#16 of all the successful holding defences.

 

Yes, this is where I will be searching. Thanks for link

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Name of the Claimant ? Lowell Portfolio I Ltd

 

Date of issue – 18 July 2018

Date of acknowledgement of service 05 August 2018, received 06 August

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -

 

Date to submit defence - 17 August

 

Particulars of Claim

 

1) The Defendant entered into an agreement with Three mobile under account reference …..

 

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

 

3) The right to collect the outstanding balance was assigned to the Claimant by Hutchison 3G UK Limited on 29/02/2016 and notice given to the Defendant.

 

4) Despite repeated requests for payment, the sum of £510.38 remains due and outstanding.

 

And the Claimant claims

The said sum of £510.38

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 £0.112, but limited to one year, being £40.83

Costs

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? received letter from Lowell solicitors June 2018

 

What is the total value of the claim? 681

 

Is the claim for -mobile phone account

 

When did you enter into the original agreement before or after April 2007 ? 2008

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? yes

 

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 issued the claim

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Lowell first said they purchased the debt, then sent a letter that it was not factually correct, as they acquired the right to collect the debt

 

Did you receive a Default Notice from the original creditor? don't think so, haven't found any letters

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? don't think so, havent found any letters

 

Why did you cease payments? long term depression, financial difficulties

 

What was the date of your last payment? 2013

 

Was there a dispute with the original creditor that remains unresolved? no

 

Did you communicate any financial prob no

Edited by dx100uk
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