Lowell claimform - old O2 mobile debt *** Claim Discontinued***

[Escaped]

Lowell just sued me for O2.

I have read other threads here, including the Lowell Three which was very helpful.

 

I did not wait the requisite 30 days to respond to their claim.

what is the benefit of waiting if any?

I did challenge jurisdiction,

I am in London.

 

I used the responses that were in the THREE  thread from 2018 December because they apply to my case.

 

HOWEVER,  I got a notice in April 2019 that states " Lowell financial has asked us to get in touch".

it is from BPO collections a totally separate company.

it has a separate reference and account number.

The account number on the letter ends in 4823 which is the Lowell internal account number in the Lowell letter I received before it was "assigned " to BPO. 

I assume that Lowell Assigned the debt to BPO.

How can Lowell have a legal claim against me?

 

1. The BPO letter references an original "O2 account number" which is the Lowell account number ending in 4823.

 

2. The Lowell claim form does not attach any documents concerning the account or any agreement with O2. it references in point 1. " original account number ends in 4356.

 

3. The claim states that " the agreement was assigned to claimant on 31/10/2016.

However my credit report states " closed on October 22, 2016,  date of default.

its not possible that Lowell would buy this debt 8 days later!

 

3. I challenged Lowell had "standing " or any legal right to collect this debt because it appears they assigned or sold the debt to BPO in April.

The claim was issued on august 14 2019 in Lowell name.

 

1. Defendant entered in to an agreement ( no date given) under account  number 4346.

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

3) agreement was later assigned to the claimant and notice given to the defendant.

4) despite repeated request for payment the sum of £320.01 remains due and outstanding.

The claimant claims

a) said sum of £320.01

b) interest pursuant to s69 CC Act of 1984, 8% pa from date of the assignment to the date of issue, accruing at £0.070 limited to 1 yr being £25.60

c) costs.

 

this is my response

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 insofar that a relationship did exist between the Defendant and O2 however, I cannot recall this account (Agreement) and the Claimant has yet to supply me with a copy of the Account/Agreement mentioned in particulars of Claim. 

 

2. Paragraph 2 is denied, the defendant does not recall any breach and again the Claimant has yet to supply me with a copy of the agreement requested through the PAPDC reply form and CPR 31.14. 

a). Par 2 is denied.

I did not receive repeated requests for payment in the sum of £320.01 therefore the representation to the court is misleading.

 

b). Paragraph 2 is denied.

The Defendant denies failing to maintain the required payments to O2.

It is denied that I have failed to respond to demands for payment sent by the claimant and/or its agents.

The Claimant is put to strict proof that any such demands have been sent to me by the claimant

 

3. The defendant did not receive and is unaware of any legal notice of assignment or Notice of Assignment pursuant to Law and property Act 1925 Section 136(1).

a). The Claimant admits it is the 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 1925. 

 

b). It is further denied any funds are due this claimant because the claimant appears to have sold this debt to BPO Collections on or about 5 April 2019.

Defendant must therefore show how the Claimant has legal right, either under statue or equity to issue a claim.

 

4. Therefore,  the defendant denies owing any money to the Claimant and the claimant is put to strict proof: 

a. Show how the Defendant has entered into an Agreement.

b. Show how the Defendant has reached the amount claimed for.

c. That Defendant failed to maintain the required payments and the service was terminated as claimed. 

 

7. As per Civil Procedure Rule 16.5(4) it is expected that the Claimant prove the allegation that the money is owed; having been provided with written requests for information under CPR 31.14 and to date have failed to provide any such documentation as detailed on the particulars of claim. 

 

8. 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 consider the fact that the provider no longer has to provide and pay for their service.  

 

any advice on how to proceed is appreciated.

I do not have any documents on this account.

 

[fkofilee]

 

 

They didnt sell the debt to BPO - It was assigned while they kept the Account as part of their Purchased Portfolio... 

 

Stay here and someone will be along to advise,,

[dx100uk]

well in a round about way you got the defence right 

but the rest of your thinking is a bit fuddled.

 

BPO are simply a trading name of lowells. same group. debts gone nowhere...

you don't contest jurisdiction but thats a std LiP mistake that wont hurt you.

 

you need to carefully align your defence responses to the relevant para no's of the POC

bar that I think you are ok

 

whats the claimform date top right?

not sure what this 30days is you mention its 33 days to file your defence ...

not unless you men you replied to the PAP LOC earlier than the 30days.

 

dx

 

 

 

 

 

[Escaped]

claim form date is 14 of Aug. I already filed the response online.

I have not sent the acknowledgment, I was going to send this in the post to the court.

Next?

 

 

I filed the response because I had the answers.

also I am a luckyone.

 

I have a professional contact inside of Lowells.

I work on the other side of the business until I lost my FCA regs.

 

once I file a response and get their documents, see what is there,

I will make a call to my connection inside of lowells.

I am teeing this up.

 

otherwise we have to fight.

 

[dx100uk]

use mcol website not the forms..

 

pop up on the MCOL website detailed on the claimform.
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
 click thru to the end
 confirm and exit MCOL.

 

if you used to work for lowells no wonder your ldea of how to do things is a bit scewed up then!!

I sympathise 

 

 

[Escaped]

mcol website not the forms.. I DID

 

 

WHAT I TYPED IN THE ORIGINAL POST I HAVE ALREADY FILED. 

ie defense 1-8 in the mcol form. 

 

I have a lot of litigation expertise but its USA.

we file pledings not forms.

so the defence is this my witness statement? 

 

I do not need to send any forms to the court since I filed it online?

 

this is what I filed: DEFENCE AND CCC:

ticked I dispute the full amount.

3. defence box. I typed in "this is my response( see above ) items 1-8 and filed it with the mcol.

are we good to go?

 

[dx100uk]

no you did AOS so you've ack'd the claim...

 

and you filed your defence on MCOL too

so you've defended the claim

 

the paper forms are now solely for paperwork [hardcopy] ref to you now.

 

WS is later in the claim IF they proceed that far.

 

there is no requirement in the UK to file any 'agreement' or anything WITH their claimform 

 

dx

 

 

 

 

[Escaped]

Hi, no i did not or ever work in credit collection or at lowells.

I had investor funds that buy these debt portfolios, lowells does the collection ie workouts for investors.

See the  8% interest.?

Investors buy these receivables to collect 8% v current rates. .they also securitise them for fixed income.

V profitable. 

 

I learned the ropes in the us during financial crises.

Got burned by deutsche bank.

Sued deutsche.

Im used to us litigation.

Lost all my money which explains not having £300. 

so i dont understand the forms or process in Uk.

 

help me out.

1. Claim form plus defence form, admittance form  all in 1. Box 3 on form fill in. This is filing your defence correct?

 

2. I have to wait for lowell to send a response ie their witness statement, with evidence supporting thier claim. Correct?

 

Is this attached to a court form if any?

If yes whats the form number?

 

3. I assume i respond to each  point in their witness state with a rebuttal. Is there a form attached? How does this get filed with the court? 

 

I never understood using a form for claim or responses. Us uses pleadings, and responses, no forms. This forum hugely helpful, but im not there yet.

 

also dont understand strategy for timing of fillings. If you can explain process i n follow along. 

 

Also, you are saying, i was still with BT on oct 22 in default.

8 days later lowell bought debt. Impossible!

 

They claim default a year later when i didn't live in the property.

I think this is about right.

 

What evidence do i need to gather?

 

kr escaped  

[dx100uk]

Forget the claimpack forms or any paper 'forms'

There are non

 

Next is diection questionnaire n180

The court send you that..if lowell proceed

Then allocation to your chosen court n157

Then disclosure stage - witness statement exchanges 14 days before

 

o2 would have defaulted upon sale or before..they have to......

as i said if Lowell changed default date then so be it.

 

Sums to end of unused contract are unlawful

 

Get reading like threads here there are 100's of mobile/broadband/telecomm claimform threads with the whole process in

 

next move is not yours

await the courts n180

[Escaped]

[Escaped]

bt would have defaulted upon sale or before..they have to...... do not understand this comment

 

as i said if Lowell changed default date then so be it. ...i have sent the SAr off to BT. 

 

i have read the posts re lowell and mobile.

thats how i was able to proceed with my response/defense.

 

ill be in touch once the next shot is fired.

 

i have a couple of other issues i need help with,

i am working on those today. 

 

KR

Escaped. ( well almost!) i

[dx100uk]

re defaults ..its how debts work in the uk..a dca/debt buyer cannot issue a default notice, they cannot change the registered defaulted date issued by the original creditor reported on the credit file. to litigate [do court] they , the claimant must produce the default notice to be successful . under section 87 of the CCA.

 

 

[Escaped]

see attached this is what they reported. at the time on the 22 of October, they did not own the account. BT did. see the claim ?

3) The agreement was assigned to claimant on Oct 31, 2016.

interesting they say I am in default, then they say U .

screen 02 credit report aug 2019.pdf

[dx100uk]

and?

 

bt defaulted it then sold it on...as I said several times now.

their name replaces that of the OC upon assignment on credit files

[Escaped]

Lowell responded. Want to mediate. I have asked for docs supporting the claim. They have not provided. What advice do you have?

 

[AndyOrch]

Disclosure of documents comes after allocation.....your not at that stage yet.

 

Andy

[dx100uk]

How to correctly respond to your n180 from the court is in just about every claimform thread here already.

 

 

[AndyOrch]

We are past DQs N180  stage if they wish to mediate

[dx100uk]

I was thinking this was the std n180 copy+letter lowells send in all claims andy.,.

don't think the OP has had their blank n180 themselves from the court yet?

 

[AndyOrch]

Possibly....OP will confirm

[Escaped]

we have agreed to mediation in our directions questionnaire which may result in settlement. we invite you to put forward an affordable settlement etc.   i have no docs back from the BT request and they have not sent anything either. what is your advice. 

[AndyOrch]

Wait for the Court Mediation service to contact you...dont mediate direct.

[Escaped]

ok i did not plan to contact them. i want to see the evidence they have . then once i have that, i will contact my connection at lowell. #

thank you., 

[AndyOrch]

You wont get any evidence...disclosure of documents follows allocation as I've already started...therefore you are unable to mediate

[Escaped]

so what do you suggest i do, if they do not have evidence of  account, assignment and other docs, then why should i pay.  you advised me to wait for the court to contact me, after that then what is the next step?