Lowell claimform - old 3 mobile debt ***Claim Discontinued***

[voqu]

received on Saturday a claimform from Lowell stating that despite previous attempts to contact me they have now issued a court claim.

The 3 contract was from 2015 from what i can work out.

can anyone help please. T

 

he issue date is the 5th december.

 

Cheers

[AndyOrch]

Thread moved to the appropriate forum in view of the court claim.

 

Please read the following link and then copy and paste the Q,s and your responses back here for further advice on how to proceed.

 

The process of responding to the claim is fully explained in the following link.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do-**UPDATED-2018**(2-Viewing)-nbsp

 

Regards

 

Andy

[voqu]

Name of the Claimant ? Lowell Portfolio I ltd

 

Date of issue – 05/12/2018

 

Date to acknowledge - 23/12/2018

 

date to submit defence - 07/01/2019

 

Particulars of Claim

 

What is the claim for –

1) The defendant entered into an agreement with Three Mobile

 

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 Claiment by Hutchinson 3G on 21/12/2017 and notice given to the defendant.

 

4)Despite repeated requests for payment, the sum of £1021.08 remains due and outstanding.

 

And the Claimant claims

a) The said sum of £1021.08

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 £0.224, but limited to one year, being£77.88

c) costs

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes i think so

 

What is the total value of the claim? £1248.96

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? mobile phone

 

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

 

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. assigned to lowell

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? can't remember

 

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? I honestly can't remember

 

What was the date of your last payment? 2015

 

Was there a dispute with the original creditor that remains unresolved? not sure

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no

Edited December 12, 2018 by dx100uk
format

[voqu]

Hi Guys i have sent a cpr request and filled out the form on MCOL what do i need to do for my defence now please. Any help will be grateful

[AndyOrch]

Its not due until 4th Jan 2019...but take a look at similar threads and in the Legal Success Forum on Mobile claims discontinued.

 

This will give you an idea of the layout and content.

[voqu]

Ok Thanks Andyorch will do:smile:

[voqu]

Hope i can use this for my defence

 

Particulars of Claim:

 

1) The Defandant entered into an agreement with 3g Hutchinson under account reference 0000000000 ('the agreement').

2) The Defandant failed to maintain the required payments and the service was cancelled.

3) The agreement was later assigned to the claimant on **/**/**** and notice given to the defendant.

4) Despite repeated requests for payment the sum of ****.** remains due and outstanding.

And the Claimant claims

a) The said sum of ****.**

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum to the date of issue, accruing at a daily rate of 0.044 but limited to one year being 9.52

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.I have in the past entered into a contract with 3g Hutchinson however I do not recall the exact details or recall any outstanding balance and have requested that the claimant verify the exact details of this claim by way of a CPR 31.14 request. The claimant has yet to comply.

 

2. Paragraph 2 is also noted but again I do not recall any breach and therefore the Claimant is put to strict proof to:

 

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

(b) show and evidence the nature of breach and quantify any debt outstanding.

© show how the Defendant has reached the amount claimed for; and

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

3. 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.

 

4. 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 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.An Unfair Term and Condition pursuant to Consumer Rights Act 2015.(If you entered into the contract after 1 October 2015.If you entered into the contract before 01 October 2015 then it will be governed by the Unfair Terms in Consumer Contracts Regulations (UTCCRs).

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.

[AndyOrch]

Added a new point (b) and also added to point 5......delete which is not applicable.

 

 

Andy

[voqu]

Thanks will do Andy

[voqu]

is this ok now to send

 

Particulars of Claim:

 

1) The Defendant entered into an agreement with 3g Hutchinson under account reference 0000000000 ('the agreement').

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

3) The agreement was later assigned to the claimant on **/**/**** and notice given to the defendant.

4) Despite repeated requests for payment the sum of ****.** remains due and outstanding.

And the Claimant claims

a) The said sum of ****.**

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum to the date of issue, accruing at a daily rate of 0.044 but limited to one year being 9.52

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.I have in the past entered into a contract with 3g Hutchinson however I do not recall the exact details or recall any outstanding balance and have requested that the claimant verify the exact details of this claim by way of a CPR 31.14 request. The claimant has yet to comply.

 

2. Paragraph 2 is also noted but again I do not recall any breach and therefore the Claimant is put to strict proof to:

 

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

(b) show and disclose evidence of the nature of breach and quantify any debt outstanding.

© show how the Defendant has reached the amount claimed for; and

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

3. 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.

 

4. 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 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.An Unfair Term and Condition governed by the Unfair terms in Consumer Contracts Regulations (UTCCRs).

 

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.

[AndyOrch]

[voqu]

Latest update finally just received a n159 form asking if I want it to be dealt with papers only, dont agree with it or last option is send completed form to other party. Whats the best option?

 

[dx100uk]

you object as you wish a hearing to personally cross examine any evidence the claimant may provide.

 

dx

 

[voqu]

Ok thanks dx. I have sent it back yesterday with a copy going to Powell's. Hopefully court case will be soon and I can get this off my back.

 

Damn just gone looking for the file with my paper work in and I have lost it. I've got my letters sent out on file but I don't have the documents sent by Lowell to me. Can I send a letter for them again from Lowell. They was a notice of selling of the debt to Lowell with a balance stating that it was not a termination but the whole amount of a 24 month contract.

[voqu]

Well I have found all my documents yesterday and today I have received a letter with my court date. It's quite a while away but hopefully this is beneficial

 

doc.pdf

[AndyOrch]

So 7- 11 are what you must do no later than 28 days (Monday 16th Dec 2019) before the hearing date (12/1/2020).I would also ring the court on the 16th Jan 20201 to check if the claimant has paid the hearing fee.

[voqu]

Ok understood andyorch, I'll work on my ws in the meantime and hopefully have something that will help.

Edited August 20, 2019 by voqu

[voqu]

Right just rang court today to check on this case and the claimant has filed a notice of discontinuation in October but hasn't informed me about it. I'll chalk this up as a win then.

[AndyOrch]

Expected........well done thread title updated.

 

We could also do with a little help......

 

 

Andy

[dx100uk]

and another Lowell mobile debt disc'd