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Lowell claimform - old TAlk Talk debt

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Okay. I hope you are going to send off those requests first thing tomorrow.

Follow the instructions given by site team member: DX but do this on about 6 April and if you haven't had a response to the CPR 31.14 then when you defend, you will simply say that the claim is denied. That you are not indebted as alleged, that the claim can contains no details which allow you to formulate a defence and your request per CPR 31.14 for details of the documents referred to in the claim has not been complied with.

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Friday 5th of April as per my post #2...otherwise you will be late and get a default judgment .....MCOL only operates Mon - Fri 


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Good morning all, 

 

Just a quick ask if there's a normal structure of the defence? 

 

Have sent the CPR 31.14 a week and a bit ago, but not heard anything from them at all. 

 

Assuming I've got to get it submitted before 1600 or thereabouts today to ensure that it isn't entered as default?

 

Thanks in advance. 

 

A

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100's of like defences here already

hit the cag logo up the top

then use the google custom search on the right

Lowell claimform talk talk.

 

post it up here 1st for checking 

 

dx


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Afternoon all, 

 

Could I please ask for advice upon the following draft?

 

Thanks, I appreciate it's later than desired, but i've just got home to a reply letter claiming they don't have to provide a copy of the contract, and printing out another summary without any indication of what it's for [services etc?] 

 

Thoughts please - thanks in advance - this is somewhat stressing seeing as they've sat on it till today

 

Quote

 

Defense in claim between Lowell Portfolio and XXXX  

 

1. The Defendant contends that the particulars of claim are vague and generic in nature.The claimant's’ particulars of claims disclose no legal cause of action as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16.2 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.

 

2.The claim is denied. I am unaware of what debt the claimant refers to.I have requested information pertaining to the claimants claim by way of a CPR 31.14 request sent on 21.3.2019 and which the claimant received by the 25.03.2019

 

The claimant has responded on the 3.04.2019, received on 5.04.2019, Claiming that the contract referred to is a Mobile phone account, which they are ''unable to request a copy of''. 

 

3.The claim is denied. The Claimant has not shown any proof of contract or functional terms and conditions, and the Claimant is put to strict proof to:

 

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

(b) Show and evidence the nature of any breach; and

(c ) 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;

 

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

 

6. On the alternative, 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 and Section 82a of the consumer credit Act 1974.

 

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.

 

 

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Well I put the defense in as seems to have been done by many others [thanks Dx1100uk - helpful search terms to look for] and heard back from the courts that it's in the claimants hands for the next step. 

 

Assuming lowell want to take it further, what're the next steps as the letter only says that the court'll let me know when it happens...?

 

Thanks again for all your collective help with this - I know it's probably very routine for you, but it's been stressful as all hell on top of life. 

 

Yours

 

A

 

Just been having a look over noddle, while there's a search from lowell showing up, there's no other sign of the claimed debt. 

 

Strange? or just lowell's normal practice to just hound and hope?

 

regards,

 

A

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The court will acknowledge receipt of the defence......the process is explained within the acknowledgment of what the claimant must do next if they wish to proceed with the claim.

 

Andy


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Good Afternoon all, 

 

Just received a copy of Lowell's directions questionnaire and as yet haven't seen anything from the court direct.

Is this normal practice, or should I have received some other paperwork from the court too?

 

I checked on the MCOL service and it doesn't seem to reference the papers that Lowell have sent me at all...

It's been a few weeks and I'm hoping that I haven't missed anything important to defend my case with... 

 

Thanks again in advance for all your assistance and patience with this.

 

Yours

 

A

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quite usual for Lowell to send you that to intimidate and frighten defendents

does mean they've filed it with the court mind..but usually does.

 

await yours from the COURT>

 

 


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Morning all, 

 

Have finally received my DQ from the court, dated ages ago but have been working away awhile. 

 

Anyway, I've only got a paper copy, but if I've still not received a copy of the agreement/contract from Lowells' proving any terms that they're claiming I'm bound to. Should I still tick yes to mediation, knowing full well that it won't succeed without this being seen in good time to prepare an argument beyond the obvious? 

 

Thanks in advance - I'll fill it in as indicated on the rest of the site, but am just aware that it's a waste of the courts/mediators time...

 

Thanks

 

A

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Mediation is only one small part of the DQ.....the DQ is to allocate the claim to the correct court track and transfer it to your local county court.

Its a time sensitive document that should be submitted by the date stated....you state it dated ages ago...have you missed the date ?

 

Also the DQ has no connection to disclosure of documents....that follows allocation of the claim...which wont happen unless you file your DQ on time.


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It's still within deadline [26th and will be away today] but didn't want to waste their time and efforts on mediation if it's futile. 

 

Thanks, I'll have it away and with the court, and a copy to the claimant today.

 

Thanks again.

 

A

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It may be futile but all parties are expected to participate in ADR...wont happen anyway so no harm in ticking yes.

 

Retain a copy for your file also

 

Yes to mediation

Yes to small claims track 

1 witness yourself

State your local county court.

 

The rest is self explanatory tick boxes.

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We could do with some help from you.

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yes to mediation

1 wit you

the rest is obv.

 

don't give lowells your email/sig/phone redact on their copy

 

dx

 

 

 


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well I did as advised, mediation was suggested and it took till the mediators called me to set up that it was clear mediation wasn't a goer, so the question is what's the next steps they'll likely take? I assume it'll be a court date, but what's the process for defending myself ? Do I need legal rep and all that? 

 

Thanks in advance for all your help with this - I think the leeches would have had a far easier time without your assistance and confidence. 

 

Regards

 

A

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I generally think that mediation never works and I always recommend that people don't accept it. This is at odds with other members of the site team as you have seen.

please could you tell us briefly here what was it that lead you to the conclusion that mediation was not going to work.

 

 


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Posted (edited)

Well I followed the advice to show willing and offer the option. 

They[the mediation service] called me to confirm that it can go ahead. I answered their questions, stating when asked that I believed that I did not owe the claimed amount, and that my defense was, I thought, fairly clear. They asked if I thought it was owed at all, I said not to my mind as they'd not sent me any contract or agreement documents that stated I owed it. 

The mediation service op said it sounds like the mediation service was not suitable in this case and so it'd be put back to local court [in this case, Southampton] for them to look over it. 

 

Bit frustrating but I guess the idea is to have worked through all reasonable steps to avoid court.

 

 

Edited by drewbot

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100's of like threads on phone/mobile claimform threads to read up so you know whats next.

you must read up cag is self help too.

await allocation from the court.


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Evening all, 

 

Just a bit of an update - been allocated to Southampton court, not seen anything else from the courts and I'm not in for the next few weeks, though i'm keeping an eye on MCOL in the meantime... Should I have anything specific prepared shortly while I've the time to figure it out? 

 

Thanks, I'm researching it around CAG as I go, but am unsure what form the WS and such should take if I've not heard anything from the courts service? 

 

Thanks

 

Regards

 

A

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can take weeks to come through by post

so you've not have N157 yet?

 


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Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Not had it yet - are they pretty snappy once allocated to a court or does it take months for that process too?

 

Thanks in advance for your attention and assistance. 

 

A

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15 hours ago, drewbot said:

Evening all, 

 

Just a bit of an update - been allocated to Southampton court, not seen anything else from the courts and I'm not in for the next few weeks, though i'm keeping an eye on MCOL in the meantime... Should I have anything specific prepared shortly while I've the time to figure it out? 

 

Thanks, I'm researching it around CAG as I go, but am unsure what form the WS and such should take if I've not heard anything from the courts service? 

 

Thanks

 

Regards

 

A

 

That is the N157 ...if you know its been allocation to Southampton and it should contain the courts directions ...no point checking MCOL that finished when you submitted your DQ

 

Andy


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