Lowell claimform - Old Sky Telecom Account

[Blondmusic]

My hubby received a claim form from Northampton from Lowell Solicitors regarding an old Sky account. Particulars are as follows.

 

1 - The Defendant entered into an agreement with sky uk limited under the account reference REF NUMBER ('the agreement').

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

3 - The agreement was later assigned to the Claimant on 23/04/19 and notice given to the Defendant.

4 - Despite repeated requests for payment, the sum of £xxx remains due and outstanding.

And the Claimant claims

a) The said sum of £xxx

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 a daily rate of £xxx but limited to one year, being £xxx

c) Costs.

 

I have already sent a Cpr request and a CCA request.

They replied with a copy Notice of Assignment dated in May from Sky and a copy of a letter from Lowell introducing themselves and inviting contact to pay them.

 

The covering letter states that this alleged debt relates to a former telecommunications matter not regulated by the Consumer Credit Act.

They say they have requested the relevant documents from their client but are unable to comment on a timeframe of when they can provide them.

Once they receive the documents they will be in contact.

 

The claim was issued on the 1st of October.

I know I should have added all this on here at an earlier date but unfortunately have been working away. 

 

I need some help preparing a holding defence.

[dx100uk]

just file the std mobile/telecom one

 

on numerous threads here already

 

expand on the history please

[Blondmusic]

Thank you. Old sky account. Left them years ago for a better deal elsewhere. Thought he paid the final bill off ages ago. They seem to think not. Have had begging letters from Lowell for a few years, replied asking for proof but nothing provided. 

[Blondmusic]

Name of the Claimant ? Lowell Portfolio I Limited

 

Date of issue – 1st October 2019 -

 

Friday 1st November for Defence.

 

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? 

 

1 - The Defendant entered into an agreement with sky uk limited under the account reference REF NUMBER ('the agreement').

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

3 - The agreement was later assigned to the Claimant on 23/04/19 and notice given to the Defendant.

4 - Despite repeated requests for payment, the sum of £xxx remains due and outstanding.

And the Claimant claims

a) The said sum of £xxx

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 a daily rate of £xxx but limited to one year, being £xxx

c) Costs

 

What is the total value of the claim? £254.05

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No

 

Did you inform the claimant of your change of address? N/A

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Sky Account

 

When did you enter into the original agreement before or after April 2007 ? After

 

Do you recall how you entered into the agreement...On line /In branch/By post ? Phone

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

Did you receive a Default Notice from the original creditor? No

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No

 

Why did you cease payments? Thought account was paid off

 

What was the date of your last payment? Unknown

 

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? N/A

 

Thank you.

Old sky account.

Left them years ago for a better deal elsewhere.

Thought he paid the final bill off ages ago.

They seem to think not.

Have had begging letters from Lowell for a few years, replied asking for proof but nothing provided. 

[Blondmusic]

Defence has now been filed online. Still no reply from Lowell.

[AndyOrch]

Please post a copy of the defence you filed here.

 

Andy