Lowell Claimform - Disputed o2 debt ***Claim Discontinued***

[Juno50]

i thought as much, next question would be. 

Is there a sample of a defence that i could use.

Or should i use one i see on the forums and then adapt to my specific POC 

 

The other thing that worries me a little, probably should not. 

But mostly all of the other cases are claims under £1000. 

Where mine is almost £6000!

Just wonder if lowell will push more, due to it being a bigger claim amount.  

[dx100uk]

just adapt the no paperwork/holding defence you are seeing in the other Lowell telecom mobile threads here

 

as for the sum, it makes little odds when related to a mobile debt, they just see £'s and hope they can mug people or they wet themselves in panic and cough up.

 

your case is slightly different to most here in that this was a large sum for foreign roaming which they should never have charged you anyway and that you got back from your bank under the DD guarantee scheme. but those details will only possibly come into play if lowells run this right thru to the witness statement stage.

 

no DCA gets any paperwork with a debt portfolio buy up, you are simply on line in a mass spreadsheet, but they might well drop the case sooner when they see the reason for the balance.

[Juno50]

Awesome thanks for that 

What do you think of this defence sample, obviously I will have to edit for my POC 

 

In the [Northampton County Court Business Centre]

Claim No: [XXXXX]

[Claimants Name]

Claimant

And

[Defendants Name]

Defendant

DEFENCE

1.The Defendant received the claim [Claim Number] from the [Name of Court – often Northampton or Salford] County Court on [Date you received the claim]

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim [is for/ appears to be for] a [Credit Card / Loan / Catalogue Account] agreement regulated under the Consumer Credit Act 1974.

4.It is [admitted/denied] that the Defendant has [previously] entered into [an agreement/agreement] with [Original Creditor /Claimant] for provision of credit.

5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6.The Claimant’s Particulars of Claim [fail to state when the agreement was entered into/states the agreement was entered into on xx/xx/xxxx]

7.[The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years]

8.The Claimants statement of case states that the account was assigned from [Original Creditor] to [Claimant] on [Date]. The Defendant does not recall receiving notice of this assignment.

9.It is denied that [Original Creditor] served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

10.On the [Date] The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to [Claimant’s Solicitor]. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment].

11.[Claimant’s Solicitor] has not sent any of these documents to the Defendant.

12.On the [Date] The Defendant sent a formal request for a copy of the original agreement to [Claimant] pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

13.The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

14. The Defendant have asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. [The Parties agreed to an extension to the time period allowed for filing of the defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.]

15.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

16.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

17.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

18.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Signed ________________________________

Dated  ________________________________

[dx100uk]

that's an embarrassed defence and is years old.

not our holding/ np paperwork one.

 

not sure you got that from here?

 

[Juno50]

thanks for the honesty. I'll try find a better one off the search square 

[Juno50]

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.

 

.

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.

.

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.

.

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

.

Therefore the Claimant is to provide strict proof to:

.

(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;

 

.

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

.

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

.

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.

.

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.

.

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

is that better dx?

[dx100uk]

now align to their poc para numbers

but dont rush

not due till 6th march!!

[Juno50]

thanks will do.  I kinda have to have it all in order sooner rather then later. I have lambing coming up, so no time for it then.

[Juno50]

Hi chaps hope your all well, almost finished my defence!  Quick question, if i win this case does the default go away on my credit score or does it stay because i didn't pay the debt but won the case ?

[AndyOrch]

Default markers have no connection to the court claim ...win  or lose.

[Juno50]

thought as much, that sucks 

[Juno50]

so once the default hits 6 years it then goes away. 

[AndyOrch]

Correct

[dx100uk]

the whole account and any DCA duplicates vanish.

 

don't make you defence too detailed.

 

[Juno50]

hi chaps,  i will send my rough copy of the defence tomorrow for you too read.  Is there anything is should be expecting from lowells from what i have sent?  Have not received anything yet.  Cheers 

[dx100uk]

no not your problem

but ofcourse that's mentioned in our std holding/no paperwork defence already.

[Juno50]

1,The defendant entered into an agreement with 02 uk ltd under account reference xxxxxxxxx( the agreement)

 

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

 

3.) The agreement was later assigned to 31/08/2016 and notice given to the defendant.

 

4.) Despite repeated requests for payment the of £4915.93 remains due and outstanding. And the claimant claims 

 

a) The said sum of £4915.93

 

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 tha daily rate of £1.077 but limited to one year, being £393.27

 

c) costs 

 

 

The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r16.5(3) in relation to any particular allegation to which a specific response has been made.

 

 

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 of October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.0 PAPDC.

 

1. Paragraph 1 is accepted, I have, in the past, entered into a contract with O2 UK contract number ******* , however I do not recall the exact details. I have requested the Claimant verify the exact details of this claim by way of a CPR31.14.

 

2. Paragraph 2 is noted, I have never received the stated Default Notice.

 

3. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served from either the claimant or O2 UK. I have therefore sought clarity by way of a CPR31.14 request. This CPR 31.14 request was served on the Claimant on ********. The Claimant has yet to reply.

 

4. 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.

 

Therefore the Claimant is to provide 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; and

 

(c) show evidence of any breach and service of a Default Notice and subsequent Notices of sums in arrears

 

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim 5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owned.

 

6. 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.

[dx100uk]

I much prefer our std mobile defence

 

Defence 
  
The Defendant contends that the particulars of claiim are 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 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 noted, I have in the past, had a contractual relationship  with O2, however I do not recall the exact details, nor do I recall any outstanding balance. 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 because it is a telecommunications account and is not regulated by the Consumer Credit Act 1974. To date, no statement of the alleged account has been received either which has also been requested. 
  
3. Paragraph 2 is noted, again I do not recall any breach and I have never received any notification of breach or warning of termination. 
  
4. Paragraph 3 is denied. I do not recall receiving a Notice of Assignment, as stated by the Claimant. The claimant disclosed, under CPR 31.14 which was received 6 June 2019, an alleged copy dated 28 October 2016, which is not on O2 Mobile headed paper , this appears to be a reconstituted generic copy. 
  
5. Paragraph 4 is denied . The defendant has denied the debt at each request as the claimant has failed to provide proof or quantify the debt in the form of any contract. Pursuant to Practice Direction 16 (7.3)  Where a claim is based upon a written agreement:(1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing,  
     
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 Defendant was sent a Notice of default and termination notice/demand notices; and 
(C) show how the Claimant 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. 
  
6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 
  
7. 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. 
  
 8. 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. 
  
 9. 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

…...……………..

 

ADAPT IT To their poc numbers and your situation too.

 

not due till 6th march mind

[Juno50]

 

Defence 
  
The Defendant contends that the particulars of claim are 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 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 noted.. I have, in the past, had a contractual relationship  with O2 (UK) Ltd account reference number xxxxxxxxx , however I do not recall the exact details, nor do I recall any outstanding balance. 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 because it is a telecommunications account and is not regulated by the Consumer Credit Act 1974. To date, no statement of the alleged account has been received either which has also been requested.
  
3. Paragraph 2 is noted, again I do not recall any breach and I have never received any notification of breach or warning of termination. 
  
4. Paragraph 3 is denied.  I am unaware of any legal assignment or Notice of Assignment allegedly served from either the claimant or O2 (UK) Ltd.    I have therefore sought clarity by way of a CPR31.14 request.  This CPR 31.14 request was served on the Claimant on ********.  The Claimant has yet to reply.

 
5. Paragraph 4 is denied . The defendant has denied the debt at each request as the claimant has failed to provide proof or quantify the debt in the form of any contract. Pursuant to Practice Direction 16 (7.3)  Where a claim is based upon a written agreement:(1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing,  
     
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 Defendant was sent a Notice of default and termination notice/demand notices; and 
(C) show how the Claimant 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. 
  
6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 
  
7. 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. 
  
 8. 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. 
  
 9. 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

 

[Juno50]

let me know what you think of my second defence draft 

 

[dx100uk]

andy already has

drop the red bits.

 

dx

 

 

[Juno50]

thanks dx will do, just put them in to highlight my parts etc 

[dx100uk]

but you don't file it yet..

 

dx

 

[Juno50]

wont do until you tell me too.  cheers.  But we all happy with the defence ?

[Juno50]

Afternoon chaps, quick one. Can I send the defence off now. So  worried I forget to do it.