Lowell claimform - old 3 mobile debt

[Ayho]

I was thinking of submitting this defence :

 

 

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

 

Defence

 

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 in as much as I have in the past had financial dealings with Three mobile and several accounts with them. However I do not recall the mentioned account number, do not recall the precise details of the alleged agreement and have sought clarity from the claimant by way of a CPR 31.14 request and a section 78 request.. I am unaware of what account or contract the claimant refers to

 

2. paragraph 2 is denied. Claimant have not provided any evidence for its claim

 

3. Paragraph 4 is denied. Claimant have not provided me with any evidence to this date that the contract in question is mine or how this amount has been calculated

 

Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for

 

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

 

4. 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.

 

5. 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.

 

I believe that the facts stated in this claim are true.

[Ayho]

Thank you dx100. Strangely enough I was working on that exact example .

Btw I have to send the CPR 31.14 to the claimant's solicitors, not to the claimant itself ?

 

the notice they gave me was nothing in accordance to the The Pre-Action Protocol for Debt Claims

 

3. Paragraph 3 is denied in regards that the claimant is misleading the court in its pleadings and has never made valid requests in accordance with The Pre-Action Protocol for Debt Claims prior to issuing this claim. Its sole purpose in purchasing this debt was to litigate and secure a county courti Judgment and therefore Pre Action Protocol was never attempted and should be considered in deciding the outcome of their claim

.

 

UPDATED DEFENCE

 

PARTICULARS OF CLAIm

 

 

1) The Defendant entered into an agreement with Three mobile under account reference ......[removed - dx]

 

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

 

Defence

 

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 in as much as I have in the past had financial dealings with Three mobile and several accounts with them. However I do not recall the mentioned account number, do not recall the precise details of the alleged agreement and have sought clarity from the claimant by way of a CPR 31.14 request and a section 78 request.. I am unaware of what account or contract the claimant refers to

 

2. Paragraph 2 is denied. Claimant have not provided any evidence for its claim

 

3. Paragraph 3 is denied in regards that the claimant is misleading the court in its pleadings and has never made proper requests in accordance with The pre-action protocol for Debt Claims 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

.

 

 

4. Paragraph 4 is denied. Claimant have not provided me with any evidence to this date that the contract in question is mine or how this amount has been calculated

 

Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for

 

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

 

5. 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.

 

6. 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.

 

I believe that the facts stated in this claim are true.

[dx100uk]

Stop putting you account number up

 

Align your responses to their paragraphs

2 is rubbish and why have you added about cca - no such thing for a service contract

[Ayho]

Stop putting you account number up

 

sorry, my bad

 

Align your responses to their paragraphs ok

 

2 is rubbish how to word it better then ? and why have you added about cca - no such thing for a service contract i dont see where i added it

 

I will edit it now, thx

[dx100uk]

1.Paragraph 1 is accepted in as much as I have in the past had financial dealings with Three mobile and several accounts with them. However I do not recall the mentioned account number, do not recall the precise details of the alleged agreement and have sought clarity from the claimant by way of a CPR 31.14 request and a section 78 request.. I am unaware of what account or contract the claimant refers to

[Ayho]

yes, sorry, deleted that

[Ayho]

PARTICULARS OF CLAIM

 

 

 

 

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

 

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

 

 

Defence

 

 

1. 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.

 

2. Paragraph 1 is accepted in as much as I have in the past had financial dealings with Three mobile and several accounts with them. However I do not recall the mentioned account number, do not have the precise details of the alleged agreement and have sought clarity from the claimant by way of a CPR 31.14 request .

 

3. Paragraph 2 is noted, again I do not recall this agreement number and I have never received the stated Default Notice.

 

3. Paragraph 3 is denied in regards that the claimant is misleading the court in its pleadings and has never made requests in accordance with The Pre-Action Protocol for Debt Claims 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

.

 

 

4. Paragraph 4 is denied. Claimant have not provided me with any evidence to this date that the contract in question is mine, provide me with the relevant paperwork and how this amount has been calculated

 

Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for

 

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

 

5. 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.

 

6. 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.

 

I believe that the facts stated in this claim are true.

[dx100uk]

Put the pre amble back at the top un numbered

 

 

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

 

You repeat pap in 1+3 why?

 

Your 2 does not re late to what is in their 2

You must aligned

[Ayho]

I am sorry, due to family circumstances had to be away. These are the developments so far in the meantime :

 

1. Received letter from Northampton court. It states '' I acknowledge receipt of your defence. A copy is being served on the claimant. The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

 

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay. "

 

2. Lowell Solicitors did blow up my phone for about 2 weeks. I haven't answered the phone.

 

On 22.08 I have received a letter from Lowell Solicitors. It states :

'' Dear Mr. xxx

We refer to the matter detailed at the side of this page.

 

Please find enclosed a copy pf the Directions Questionnaire which we have now sent to the Court.

 

We have agreed to mediation in our Directions Questionnaire which may result in settlement. If you agree to mediation, please ensure you tick the ''yes'' box in part A1 of your own Directions Questionnaire.

 

If you would like to settle this matter directly, our client invites you to put forward an affordable settlement to us either as a single payment or by instalments. An agreed settlement would avoid a hearing or judgement and also the associated costs being added to your debt. etc etc ... "

 

I also received this letter from Lowell solicitors, I guess in response to my CPR 31.14 request, although it refers to the court claim number and doesn't mention the CPR request

 

"

30.08.2018

 

In your letter dated 16.08 you have requested copies of the agreement, Notice of assignment, default notice, termination notice and statement of the account.

 

Please note that your account relates to a telecomunications account and is therefore not regulated by the Consumer Credit Act 1974. As such Three mobile are not obliged to retain a copy of the agreement, therefore we are unable to provide this. Also a default notice and termination notice applies to credit agreement, not service agreements so do not able and were therefore not issued.

 

Please find enclosed a copy of the Notice of Assignment which was issued to you on 20 June 2016. We have requested a copy of the statement along with further information regarding the account from Three mobile and will forward any documents onto you upon receipt. etc. etc. ''

 

" 2 copies of letters, dated 20 June 2016 follow.

First one looks like a simple printout

, is signed ,, For and on behalf of Three ,,, no name given, just signature , no sender address or name of sender ( just ''Three'' below signature'' ) . The '' letter'' states my account number, lowell ref. mobile number and balance outstanding. It says my ''account has now been sold ''

 

Second letter looks better. It is from Lowell Portfolio I ltd. It tells me my account has been sold to Lowell and now I need to start paying them . The amount in the letter they claim I owe is £510.38. The amount claimed at court is £551.21

 

I will try to scan and upload the letters in full, if you need them.

[dx100uk]

Did you get a file your n180?

[Ayho]

No, I have not received any paperwork and didn't know I need to file one. Just a letter from the court manager that they are going to inform the claimant of my defence, who might settle it directly with me. If the claimant wishes to proceed " the court will then inform you of what will happen "

 

And also a Directions Questionnaire sent by Lowell to the court, dated 22.08 ... They say they agreed to mediation.

[dx100uk]

so you've not been reading other threads from the time you filed your defence upon what might happen next.

 

just because lowells have filled out an N180 that you can download from here even , doesn't mean its going anywhere

await your N180 from the court.

 

and go research here

[AndyOrch]

Also check on line the status of the claim to see if it has actually been allocated...and if so what date.

[Ayho]

ok, another update :

Received court letter this morning. Dated 5.09

 

NOTICE OF PROPOSED ALLOCATION TO THE SMALL CLAIMS 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 claims 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 24.09 complete the Small Claims Directions Questionnaire ( Form N180 ) and file it with the court office ... and serve copies on all other parties "

 

And what about the letter I received from Lowell in responce to my CPR 31.14 request where they state :

 

" your account relates to a telecommunication account and is therefore not regulated by the Consumer Credit Act 1974.

 

As such Three Mobile are not obliged to retain a copy of the agreement, therefore we are unable to provide this. Also a default notice and termination notice applies to credit agreement, not service agreements so do not able and were therefore not issued''

 

All the contracts I had with Three mobile included a mobile handset as well ( except one for mobile broadband which included dongle, but it was terminated years before the alleged claim ) .

 

So according to my limited knowledge that is consumer credit agreement, therefore they must provide me with the requested by me The Agreement, The default Notice, The Termination Notice and Statement of Account, not just the very dodgy looking Notice of Assignment they have provided so far .

 

Am I correct ?

[AndyOrch]

Their pleadings do not rely on the handset...the return or the value.....and is separate to the agreement they refer to.

 

Plenty of threads here with regards to completion of the DQ N180

[Ayho]

Hi. Just completing now the Directions Questionnaire. Send by date 24 SEP. Choosing small claims track and mediation. Can I do that by email to the parties - Northampton county court and Lowell ? Is it ok to send an email to HM Courts and Tribunals service small claims or is better to call them directly ?

 

And second question - do I need to fill D1 , which asks me which court I prefer, if it is going to mediation ?

 

Thank you

[dx100uk]

No post them

Choose you local court

D1 is nowt to do with the mediation service

 

Yes to mediation

Yes to Small Claims Track

State your local County Court

1 wit you

The rest is obv

 

3 copies

1 court

1 sols [minus email/sig/phone

1 for your file

Edited September 22, 2018 by Andyorch
added

[Ayho]

Thank you dx100uk

[Ayho]

Hi everyone and Merry Christmas.

I need an advice.

 

I entered in settlement, as didnt have time to deal with the court case. It was for less than third of the claimed amount.

 

Unfortunately i didnt have the agreed amount until now.

The deadline was 27 Nov.

 

Lowell has until February to apply again in court if there is a breach of agreement.

 

If i transfer the settlement amount now to the account in settlement agreement will that mean that the account will be settled or Lowell can claim the settlement is null and void now, so the payment will be just for reducing my debt ?

[dx100uk]

How did you agree?

Verbal?

Letter?

Through the court?

At mediation call?

[Ayho]

Hi dx100. It was via official mediation on the phone. My agreement was sent to me via e- mail afterwards

 

I just checked the mcoi site. Last update of the case was that " notification that the claim against you was settled received on 13/11/18" .

[dx100uk]

Just transfer the money

Email Lowell and confirmation.

 

Is this on your credit file?

[Ayho]

I emailed the original mediator, but she is out of office by 08.01. Then called the mediation general helpline . They advised me to call Lowell and ask if they are happy with extending the deadline. I am using call recorder and will also ask for email confirmation before i make the payment. Is that a good way to do it ?

 

Sorry, just saw your reply now.

It is on Experian.

 

I am bit worried because since the settlement Lowell have sent me letters stating that the settlement amount is "monthly" falsely implying that this is not final and full settlement

[dx100uk]

You want the debt either totally removed from your credit file or marked as settled..not partially settled

 

Yes record the call

Just tell em your budge had cancer or some excuse

[Ayho]

Or blaim Santa

 

But seriously I blamed "family and friends".

They were happy to settle the claim and the lady said she is sending me letter to confirm that.

She said i can check their website to see if everything is ok and yes, the claimed debt is now nill .

 

Unfortunately I saw your reply too late, so didnt mention the credit file, neither did via the mediation.

Live and learn i guess.

I will still try to get in touch with her, as she was very helpful, might be able to do a little compromise for me

 

Thank you again dx100uk and everyone else who advised on this thread for all the help and patience.

You have been awesome in a difficult time for me.

 

I love you guys

Edited December 27, 2018 by dx100uk
merge