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    • I suggest you start reading around this forum about the steps involved in taking a small claim in the County Court. It's very straightforward but you should understand the steps before embarking on it so that you are confident. We will help you all the way. Once you have done this basic reading then come back here and we can begin the process if you are happy to go ahead. On the basis of what you say, I expect that your chances are better than 90%. I also expect that West Cheshire Facilities Management will want to put their hands up before it goes to court and get a judgement against them. We would want to see your letter of claim before it sent off but I suggest that it is made clear that Social Security's have already been informed and that when you get a judgement against West Cheshire Facilities Management, you will make sure that social services and the health service generally are all circulated with copies of the judgement. If West Cheshire Facilities Management really want to take that risk with all of the reputational and business risk that accompanies it, then they are being extremely shortsighted.
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    • Following the issue of a Liability Order the Council must obtain a warrant of control to try to collect the debt. If they fail their only option is to return the matter to court and you will be asked to attend.   At that hearing the court must be satisfied that:   • A liability order was imposed in relation to the debt. • You have failed to pay; and • The council tried to collect the sum using a warrant of control, and failed.   They must then go on to conduct a "means enquiry" into your financial circumstances. The principle aim of that is firstly to establish whether you had demonstrated either a wilful refusal to pay (i.e. you had sufficient funds but simply refused to pay) or "culpable neglect" (i.e. you had the funds but chose to spend them on something else). Only if they find one of those two can commitment to prison (either immediate or postponed) be considered. Also, only if they find one of those two can they order payments to meet the debt. The usual combination is an order to make payments coupled with a postponed commitment. But, the payment rate must be realistic in terms of your financial circumstances and it should normally mean that the debt is paid within three years. If a realistic payment rate will not see the debt paid in that period then the court should consider remitting (i.e. writing off) some or all of the debt. Similarly, if they find neither wilful refusal to pay nor culpable neglect (and by default find that you simply did not have the ability to pay) they should also consider remitting some or all of the debt.   You should note that at these commitment proceedings, as the matters you face could result in custody, you are entitled to have the services of the duty solicitor. In your circumstances I would say the chances of you being committed to prison are slightly less than zero. From your very brief description of your finances you simply have no spare money (though a means enquiry will delve more deeply into your affairs, especially the debts for which the DWP are making deductions from your benefits). There is no point in delaying any of this. The sooner it gets sorted the better as your circumstances seem unlikely to change any time soon. One thing you must bear in mind is that these proceedings will only deal with the debt covered by the Liability Order. If you have any Council Tax arrears that have accrued since then they will have to be dealt with separately. I'm also assuming you live in England. Since April 2019 commitment to prison has not been an option in Wales.    
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    • Hi @BankFodder
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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Lowell claimform - Old Sky Telecom Account


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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.

:cool::cool: Blondmusic :cool::cool:
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  • dx100uk changed the title to Lowell claimform - Old Sky Telecom Account

just file the std mobile/telecom one

 

on numerous threads here already

 

expand on the history please

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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. 

:cool::cool: Blondmusic :cool::cool:
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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. 

:cool::cool: Blondmusic :cool::cool:
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Please post a copy of the defence you filed here.

 

Andy

We could do with some help from you.

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