Lowells Claim Form - old Talk Talk debt and an Eon Debt *** Claim Discontinued***

[sillygirl1]

To be quite honest I would like to keep it as simple ss possible, a CPR was sent but no reply.

 

I aim to get this in by Sunday as I have a lot on over the next few weeks.

 

If yoy can add anything I would aporeciate it.

 

[AndyOrch]

The only thing I would add is Do not Submit the Above .......nothing simple or quick in defending a court claim...and if you really dont have the time to deal with it then possibly best to submit the admitance form and take the CCJ.

[sillygirl1]

All I need then is a direct copy of a defence here that I can use.

 

Ive used simple defences before with good results, mostly discontiniations.

[AndyOrch]

100s in the following link.

 

https://www.consumeractiongroup.co.uk/forum/129-legal-successes/

 

Well yes given the the length of time you have been a Cagger I am amazed that you could realistically think the above was appropriate.

[sillygirl1]

Sad to see that this forum was not what it once was 

[dx100uk]

we don't no longer nurse maid no if that's what you mean

1.siteteam membership is very limited compared with your earlier times

2. you need to understand WHY you are using a defence not just copy and paste a templated response.

 

 

 

 

[AndyOrch]

Changes for the better ...our defences now work   but you have to put a titzy little effort in too.

[sillygirl1]

My defence is that the alleged debt has long been in dispute with the original creditor, one is nigh on statute barred.

 

The two debts should not be on the same claim.

 

I have this evening to get this sorted out.

 

[dx100uk]

already pointed out most of those are immaterial esp SB as the claimform stop that clock...

 

not due till next Friday by 4pm

so plenty of time to search for the holding/no paperwork defences we use for mobile/telecom debt claimform from lowells.

and the resent util one here already and merge the the two into one defence as many points are the same.

best search to use is the custom google search box

down on the left after hitting the top cag squares logo in the red banner.

 

dx

 

[sillygirl1]

This is taken from one of the Lowell threads and amended

 

Particulars of claim for reference only

 

1) The Claim comprises the following Agreements the Defendant entered into:

a.  Talk Talk Telecom Group plc with ref xxxxx current balance £120.87

b.  E.on Energy Solutions Ltd with ref of xxxx and current balance of £1141.65

 

2)The Agreements were terminated as payments were not maintained and subsequently assigned to the Claimant.

 

And the Claimant claims:

 

a) total of thensaid sums being £1262.52

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 being £101.00

c) Costs

 

Defence

 

1.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.

 

The claimant has placed two unrelated bills from two different companies and therefore their claim is misleading.

 

2. 1a Is denied.The first unsubstantiated claim is for a closed mobile phone/broadband account. It was closed due to Talk Talk’s well publicised data breaches.  The defendant was assured they could leave with no penalty, yet a penalty was applied and a further data breach occurred when this was passed to debt collectors.The defendant has repeatedly requested documentation on this and has not been supplied with any proof the claimants  are due relief as stated in their poorly particularised claim

 

3. 1b is denied. The claimant further claims the amount of xxx in respect to a long disputed alleged debt with eon energy suppliers.  The defendant had been incorrectly placed on a very high tariff with the company in 2012 despite being a low energy user and had continually had problems with back billing and estimated readings.  The defendant made a part payment to eon in 2013 to attempt a resolution but eon failed to keep their agreement.  They removed a faulty meter and destroyed it before checking  it and again refused to clear charges on the account relating to a period when the defendant was not living at the property in question.  The defendant changed suppliers in early 2014.

 

The defendant moved in 2015 and had received no annual statement or requests from EON until June 2019 when the claimant was/s assigned the alleged debt.

 

3.Furthermore, the claimant has given no details as to the breakdown of their claim what dates it relates to ,so I am  unable to defend specifically until the claimant can particularise and quantify its pleadings.

 

4. The claimant openly admits that they do not have access to the agreement nor was the Assignor required to retain a copy.Therefore their claim is unsubstantiated. Pursuant to the civil procedure rules 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.

 

With the court’s permission the Claimant is put to strict proof to:-

 

a) show and disclose how the Defendant has entered into an agreement/s;

b) show and disclose how the Claimant has reached the amount claimed ;

c) 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 monies are owed.

 

6. It is therefore denied that the defendant is indebted to the claimant as alleged or at all.

 

 

Can I have sime advice in the above, I know it doesnt have to be in til Fridaybut I am manically busy this week and want it done by tomorrow night.

[AndyOrch]

I have made a few changes and the above will suffice as an initial defence.

 

Andy

[sillygirl1]

Many thanks! 

 

Will get this in tonight.

 

 

[sillygirl1]

Brief update.  A while ago received notification that defence had been submitted and now have received a Directions Questionairre asking for mediation.

 

Lowells remain happy to discuss any aspect should I wish to contact them.

 

ie Lowells wish to get me to pay up before mediation.

 

I gather it is just a waiting game now?

Edited October 5, 2019 by sillygirl1

[dx100uk]

You mean the n180 from the fleecers not your blank one from the court

[AndyOrch]

 

[sillygirl1]

On 05/10/2019 at 10:23, dx100uk said:

You mean the n180 from the fleecers not your blank one from the court

Yes... they are playing games.

 

If I dont get a blank one what should I do?

 

 

Edited October 5, 2019 by sillygirl1

[dx100uk]

its here on cag 

[sillygirl1]

Still nothing from the court.  Not going to phone Lowells, bet that is what they want.

 

Will log onto court website later (if I can) and see if status has changed there.

[dx100uk]

Should now be stayed. 

ring northants bulk tomorrow and check

wont show on mcolthat its stayed.

[sillygirl1]

Update, Lowell’s have to enter a better defence and show all assignments, agreements and copies of notices of assignment by mid Feb.  
 

10 days after that I have to do amended defence.  Got a draft one ready I pinched from here.

[dx100uk]

defence or WS?

 

whats happened in the last 3mts tell us properly..

 

dx

 

[sillygirl1]

I sent the defence to the courts and Lowells, had a notice of allocation which I said no to mediation and the court o be Croydon, that was just before Xmas then this notice arrived Friday.

 

Nothing from Lowells.

 

If I get their docs I have to do a defence.

Edited January 26, 2020 by sillygirl1

[dx100uk]

You have already filled your defence.

and lowells a claimant doesn't defend anything..

 

what does the n157 really say?

read it carefully..

 

Dx

[sillygirl1]

Firstly it is a N24 General Form of Judgment or Order

 

It is ordered that

 

1. Claimant shall by xxx file and serve further and better particulars exhibiting any agreements, assignments and notices of assignment relied upon.

 

2 Defendant shall within 14 days of service of Claimants amended particulars of Claim file and serve an amended Defence responding in full to the amended particulars of claim.

Edited January 27, 2020 by sillygirl1

[dx100uk]

aha so you've a smart judge then there wanting not to waste court time on a Lowell speculative claim and robopoc

 

so as soon as you get their new particulars and exhibits

scan the lot up to one multipage pdf

and we'll deal with your amended defence.

 

I see this could be fun.