Lowell claimform - merged BT and Sky debt ***Claim Discontinued***

[itsamomentintime]

Hello all

I have received a letter from Lowell stating that I owe them money from an old Sky account.

I replied asking for any statements, contracts relating to the account and any NOA.

They responded with a template NOA, nothing else. 

 

I was wondering what the next stage is, as I see that they like to take people to court.

 

[dx100uk]

and rarely do they win on tv/phone/BB claims.

 

if you've not received a letter of claim from Lowell sols ignore for now

 

dx

 

[itsamomentintime]

Thanks dx.

 

I also received an information sheet which lists what documents I should request from them, including a copy of a written contract for the debt, a full statement of the account, a noa and a description of any admin charges on the account.

 

They've not provided any so this will be pointed out should this go to court

[itsamomentintime]

Looks like Lowell have issued a court claim, which I have acknowledged. The mcol website is inviting me to offer a defence, was wondering if you guys could help me with it, or point me in the right direction?

[dx100uk]

If you have done AOS they must have issued a court claim...

Have you sent cpr?

[dx100uk]

Please complete this:

 

 

[itsamomentintime]

No I haven't done anything apart from the acknowledgement of service

 

i think i need to file a defence asap

 

Name of the Claimant ? Lowell Portfolio

 

Date of issue – . 29th Nov 2019

 

Particulars of Claim

 

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

 

1. the claim comprises the following agreements the defendant entered into:

a BT plc

with reference xxx and current balance of xxx

b. Sky UK limited

with reference xxxx and current balance of xxx

the agreements were terminated as payments were not maintained and subsequently assigned to the claimant.

 

What is the total value of the claim? 563.48

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? yes

 

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? no

 

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 ? online

 

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? accounts were closed

 

What was the date of your last payment? 2015

 

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? no

[dx100uk]

your defence was due yesterday.

 

dx

 

[itsamomentintime]

ok

 

i thought it was working days

[dx100uk]

how can you this is not your 1st court claimform either!!

i'll find something later a day or 2 late wont hurt you you are a LiP.

 

dx

 

 

[itsamomentintime]

theres been 3 bank holidays, maybe this will help

 

truth is, after the AOS, i was waiting for something in the post to confirm the next steps

[itsamomentintime]

I've been able to file a defence on MCOL

[dx100uk]

only 2 days a year count

easter and xmas

 

what did you file?

there was no need to blindly rush in.

 

dx

 

[itsamomentintime]

I'll post what I filed tomorrow 

 

If xmas counts, then I'm within time, is this correct?

[dx100uk]

your def was due yesterday 

date on claimform is one in the count + 1 day [xmas]

[itsamomentintime]

Is there anything I can do about it?

 

Isnt 33 days +1 from 29th November = today?

[dx100uk]

you already have

you've filed a defence (hope it was from here and CPR Compliant?)

 

I've explained the filing date already…….

claimform date is ONE in the count...so nov 29 + 33 days is 31st dec

but you get 1 extra day for xmas = 1st Jan

but as you are a litigant in person(a member of joe public) ..you are given certain leeway.

 

 

 

 

[itsamomentintime]

CPR compliant? Please can you elaborate?

[dx100uk]

what did you file as a defence

if not we'll give you one

 

[itsamomentintime]

I have a mediation session via phone on friday, 9.30am, has anyone got any experience of such a thing?

[dx100uk]

have you received all the paperwork to be able to make an informed decision if to enter mediation?

 

did you sent CPR?

what defence did you file please?

[itsamomentintime]

Defence below, currently I have not received any paperwork from Lowells:

 

 

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 Sky and BT 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.

 

The Defendant denies failing to maintain the required payments to

Sky and BT. 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.

 

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.

 

5. 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.

 

6. 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.

[AndyOrch]

Did the defence you submit finish with ......

 

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.

[itsamomentintime]

No other didn't unfortunately,  will that have an impact?

[AndyOrch]

Not greatly...but its your defence and closing statement...its normally etiquette to finish a defence with that statement.