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    • Thank you Andy/Dx   UPDATED Defence, 3 days remaining.   Not sure where to mention invalid PAP. I put it under number 5. Please check if this is good to go.   Defence   The Defendant contends that the particulars of claims 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 allegation to which a specific response has not been made.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) – failed to serve a letter of claim pre-claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   1. I have in the past had financial dealings with Lloyds Banking Group. I do not recall the precise details of the agreement and have sought clarity from the claimant.   2. However, I do not recall ever receiving a Default Notice pursuant to sec 87(1) CCA1974.   3. I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925.   4. I do not recall ever receiving a letter of assignment from the Lloyds Banking group advising the debt was assigned to the claimant.   5. Claimant served the invalid PAP with no connection to their court claim,   6. On receipt of this claim I sent CPR 31.14 and section 77 request. The claimant failed to provide a valid copy of the agreement and therefore remains in default of said request.   7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:-   a) show how the Defendant has entered into an agreement; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence service of a Default Notice/Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.      
    • no.   i wonder if the OP is entitled to CTAX benefit, thats only available from the relevant council...most on UC can get it..   but your MP is by far the most successful route to sorting these issues we've seen here to work.
    • dx100uk  unclebulgaria67   OP is on UC.   Could the council apply for weekly amounts to be deducted from UC claim ?
    • 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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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
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      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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      Many thanks, stay safe and have a good Christmas!
       
       
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Lowell Claimform - Old 3 Phone Debts!


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Hi!

 

in the past I have legally had credit card debts written off, due to them being passed onto a debt collector, who had no record of a signed CCA between me and them.

 

Now Lowell are chasing me for 3 old phone bill debts from around 5 or 6 years ago

(one of which I do not recognise as it's with EE, and I have never had a mobile contract with them, or with BT.)

which somehow adds up to over 1000 pounds. 

They have sent me a County Court Claim form via the County Court Business Centre.

 

If I just filled in the Defence with "The Defendant denies that they have previously entered into an Agreement or contract with Lowell Portfolio Ltd and does not wish to consent into entering a contract or Agreement with Lowell Portfolio Ltd.",

 

what exactly can the court do to enforce their claim?

 

As I have never spoken, replied or acknowledged any letters from them in any way previously.

 

Many thanks in advance!

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  • dx100uk changed the title to Lowell Claimform - Old 3 Phone Debts!

god no don't do that

 

please complete this:

 

 

 

there are 100's of Lowell mobile claimform threads here

once you've posted the above

use our search for Lowell mobile claimform

 

you'll soon get the idea upon whats needs

but don't do anything without checking here first please

 

dx

 

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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Ok so here we go, amounts are vaguely rounded...I currently have an active contract with 3 that I have had for about 6 years, and have never had a contract with EE:

 

Name of the Claimant:Lowell Portfolio Ltd

 

Date of issue:5 th November 2019

 

Particulars of Claim:

The Claim comprises the following Agreements the Defendant entered into:

a) EE Limited with reference x and current balance of £100

b) Hutchison 3G UK Ltd with ref x and current balance of £150

c) Hutchison 3G UK Ltd with ref x and current balance of £750

 

"The agreements were terminated as payments were not maintained and subsequently assigned to the Claimant.

And the Claimant claims:

 

a)The total of the said sums being £1000

b)Interest bla bla of 8% but limited to one year, being x

c)Costs""

 

 

What is the total value of the claim? £1200

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes, but I don't have the letter

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? I moved temporarily to multiple other addresses abroad and in the UK, then returned to the original address.

 

Did you inform the claimant of your change of address? No I have never spoken to, acknowledged or written to the claimant, but anyway I have kept my current address as my permanent address for most correspondence including for banking and phone contracts.


Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? 3 (the number) mobile phone accounts (2 by 3 (the company))

 

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

After (one I don't believe I ever entered into), all would have been between about 5 and 6 years ago

 

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...) ?

I'm not sure

 

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. All debt sold to Lowell Portfolio

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes (but I don't have it)

 

Did you receive a Default Notice from the original creditor? Not sure, likely yes (I was living abroad during the last 4 years )

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not sure, likely yes

 

Why did you cease payments? Financial reasons

 

What was the date of your last payment? Unknown, likely between 5 and 6 years ago

 

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

 

 

And they say that I should reply within 14 days of the day of service...the day of service is taken as 5 days after the issue date. 

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Go get your credit file

we need last payment date for each account

 

if not go ring 3 and ask

 

Dx

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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Ok...but I don't know what accounts Lowell's references are referring to, especially the EE one...but I guess I can work it out from the report.

 

I tried with Experian, is there a quicker way? Thanks! Perhaps I will call 3 tomorrow!

 

"Here's what happens next:
We'll email you in the next 24 hours to confirm your application.
We'll email you once we've put your Passkey (which you'll need to access your personal data) in the post.
In the next seven working days, we will send you a letter in the post with a passkey which allows you to download your report"

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Noddle

 

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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Ok great, many thanks! 

 

Noddle (now called Credit Karma) tells you your score, but if you want to see the report, it refers you to Experian...

 

I might try a few others!

 

Oh actually it does tell you on their site...thanks for the recommendation!

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:rolleyes:

so what are the dates?

dx

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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Share on other sites

Ok so here is the credit report...let me know if this is enough info!

 

Regarding a) EE Limited £100

There is no mention anywhere on my credit report of this, either under Lowell or EE. And as mentioned I don't remember ever having a contract with them or receiving a letter about it.

 

Regarding b) Lowell/Hutchison 3G UK Ltd £150


15/10/2019 Updated


Account start date: 20/04/2013
Opening balance: £ 62
Repayment frequency: Monthly
Date of default: 04/02/2015
Default balance: £ 62

 

Regarding c) Lowell/Hutchison 3G UK Ltd £750


15/10/2019 Updated


Account start date: 21/05/2014
Opening balance £ 72
Repayment frequency: Monthly
Date of default: 15/01/2015
Default balance: £ 72

 

My report says that there are no closed accounts...

 

Thank you lots, let me know if I need to find out anything else..!

It just tells me the date of default, not any other dates when I last paid...

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Pers id go ring ee and 3g and ask

Cant hurt you.

But do not ring lowell s

 

Dx

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, do you mean to ask for the dates of when I last paid them for the contracts that I may have had with them?

 

Is this essential for the Defence letter?

 

Though I am 99.9% sure I have never had a contract with EE, surely the Claimant's whole case would be dropped if I prove this to be the case? 

 

Thanks!

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you are in the info gather phase 

get it.

 

it could be fraud or ID theft id you've moved since that EE was taken out.

 

the other accounts could well be statute barred if you've made no payments in 6yrs prior to their claimforrn.

and if they were that would be extremely important to any defence as SB defence would blow those accounts out the water.

 

dx

 

 

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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