Lowell Claim form - Three mobile debt ***Claim DIscontinued***

[dx100uk]

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Lowell claimform mobile

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[dx100uk]

defence will be due by 4pm Friday 18th.

no please don't file an emb defence, that's very old hat. [try search 2017/18 threads!]

ideally you could have asked for the default notice in the cpr but no matter

that can be addressed at the disclosure stage IF it gets that far.

 

typically our std mobile defence :

 

 

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.

 

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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.

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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.

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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

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Therefore the Claimant is to provide strict proof to:

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(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;

 

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

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

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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.

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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.

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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

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nicked from andyorch

 

……….

though 1 wont apply and you'll need to pointout they have partially complied or words to that effect but the NOA is suspect with no logos etc.

 

plenty of time.

[dx100uk]

yes

[dx100uk]

pers id file post 4 just remove paragraph 3 of

no need to nail down exactly what part of what is wrong

that's for later at the disclosure stage IF it gets that far.

[dx100uk]

or post 60 here

https://www.consumeractiongroup.co.uk/forum/showthread.php?473809-Lowell-Lowells-Solicitors-Claim-form-old-Orange-mobile-debt-***Claim-Discontinued***

[dx100uk]

not due till Friday by 4pm.

 

dx

[dx100uk]

sure

if you want to post it up i'm sure andy will find any silly mistakes we might have made...

[dx100uk]

https://www.consumeractiongroup.co.uk/forum/showthread.php?491844-Lowell-old-3-debt-ccj-claim&p=5168211#post5168211

[dx100uk]

if you read like threads here you'll see that a std letter lowells send.

 

as this is a mobile debt, they'll probably discontinue once you file your WS.

 

 

[dx100uk]

 

[dx100uk]

both..

that is just an example

no harm in reading threads

use the custom google search box top left

 

mobile claimform witness statement

 

the more you read the stronger we become

[dx100uk]

very aggressive.....my foot.

them doing this is to frighten you

usually means they know they don't have a leg to stand on but prey you'll need a nappy on soon

[dx100uk]

so std WS we've seen exactly word for word before from a lowells paralegal [teaboy work placement student on 0hrs min wage contract], adding in the same credit file extracts tactic that's is it that another one we saw in the last 10 days on here from them.

 

oh we're big an tough

and gonna puff our chest out and go for extra extra costs an use a barrister at £210phrs if you don't wet yourself soon and roll over.

 

they'll discontinue once they see andy's ws and it gets to a day or two before the case and you haven't folded.

 

dx

 

 

 

[dx100uk]

oh oh - how unexpected predicted this in post 34

good win everyone.