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Lowell claimform - Three Mobile debt


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Hi everyone 

 

My brother has received a claim form from Lowell Solicitors Limited for an old account with three network.
 

There’s not that long left on his credit report before the default is finished so I was hoping I could find out what proof of the debt they have instead of just setting up a payment plan with them. 
 

I’ll upload a copy of the claim form with this post for everyone to see.

 

The issue date for the claim is 20/01/2020 and I AOS the claim on 23/01/2020. 

 

Any help will be much appreciated 

 

Thanks

Andrew

Edited by dx100uk
we dont need the claimform

We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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please complete this:

 

 

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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  • dx100uk changed the title to Lowell claimform - brothers Three Mobile debt

Name of the Claimant - LOWELL PORTFOLIO I LTD 

 

Date of issue . - 20/01/2020

 

Date to acknowledge) = 07/02/2020 

 

date to submit defence = 21/02/2020 

 

Particulars of Claim

 

1) The Defendant entered into an agreement with Three Mobile under account ref 00000000 (‘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 by Hutchison 3G UK Limited on 02/04/2019 and the notice given to the Defendant. 
 

4) Despite repeated requests for payment, the sum of £820.45 remains due and outstanding.

 

And the Claimant claims 

a) The said sum of £820.45 

b) Interest pursuant to s69 Count 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 £0.180, but limited to one year, being £65.64

c) Costs

 

What is the total value of the claim?£1016.09

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?No just received a letter saying 30 days to prevent legal action 

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes 

 

Did you inform the claimant of your change of address? No


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

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?Yes

 

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. Assigned and debt purchaser issued the claim 

 

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?Not sure 

 

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? Couldn't afford it  

 

What was the date of your last payment?2015 not sure of the month 

 

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?Yes

We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 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.
.
.
 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

..
type your name ONLY

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

 

.................

 

please not the corrected date for defence filing
 

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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  • Andyorch changed the title to Lowell claimform - Three Mobile debt

Hi dx100uk 

 

I AOS the claim on the 23/01/2020

 

Ive typed up the CPR 31:14 I’ll post it below will send it tomorrow if it’s all fine.

 

(template removed - dx)

 

 

We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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what does it say in red up the top of the template?

 

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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  • 2 weeks later...

I’ve not heard anything back from Lowell so do I start working on the defence and is it just the standard defence I put or is it different with it being a mobile account? 
 

Thanks 

Andrew 

We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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Its the Standard Mobile holding defence 

We could do with some help from you.

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Hi Andy 

 

do you have a link for it? It’s been ages since I’ve done one and can’t remember which of my other posts I needed to use one in to copy from.

 

Thanks

Andrew

We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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  • 2 weeks later...

Hi Andyorch

 

ive had a look thought the cases and think this best suits me because Lowell sent a letter today saying they don’t have to give anything due to it being a mobile account. 
 

1) The Defendant entered into an agreement with Three Mobile under account ref 00000000 (‘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 by Hutchison 3G UK Limited on 02/04/2019 and the notice given to the Defendant. 
 

4) Despite repeated requests for payment, the sum of £820.45 remains due and outstanding.

 

And the Claimant claims 

a) The said sum of £820.45 

b) Interest pursuant to s69 Count 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 £0.180, but limited to one year, being £65.64

c) Costs

 

 

1. Paragraph 1 is accepted. I have, in the past, had a financial relationship with Three Mobile, however I do not recall the exact details, nor do I recall any outstanding balance. I have requested the claimant verify the exact details of this claim by way of a CPR 31.14. To date, no statement of the alleged account or balance has been received .

 

2.Paragraph 2 is noted, again I do not recall any breach nor received any kind of demand or termination notice or warning.

 

3. Paragraph 3 is denied. I do not recall having received a Notice of Assignment, as stated by the Claimant.

 

4. Paragraph 4 is denied because the claimant is misleading the court in its pleadings. The defendant has denied the debt at each request as the claimant has failed to provide proof of the debt in the form of an agreement or statements  or termination notice.

 

Therefore, the claimant is put to strict proof to: 

 

(a) show how the Defendant has entered into a Agreement/ Contract; and

(b) show and evidence the Defendant was sent a Notice of default and termination notice/demand notices; and

© show how the Claimant has reached the amount claimed for; and

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

 

5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

6. On the alternative, as the Claimant is an 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 and Section 82A of the* Consumer Credit*Act 1974.

 

 

7. Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly states that any Early Termination Charge, that is made up of the entire balance of the remaining contract, is unlikely to be fair, as it fails to take into account the fact that the provider no longer has to provide and pay for their service.

 

9. 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.

 

 

We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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letter as pdf only please read upload

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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that's our std mobile defence yes

 

and that's a std letter lowells end on every telecoms debt.

 

their next letter will be their std begging letter offering a tomlin consent agreement.

 

let andy check things over.

 

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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courts close for the w/end 4pm friday

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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4.00pm tomorrow is your deadline.

 

 

Defence edited above to remove references of default notices and CCA1974.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Andy do I just change paragraph 3 to the following?
 

Paragraph 3 is denied. I do not recall having received a Notice of Assignment, as stated by the Claimant.

 

Because the rest of .3 is wrong as I didn’t even get a template letter from Lowell. All they sent was the letter I uploaded today in the above post.

 

Will this be okay Andy 

 

1) The Defendant entered into an agreement with Three Mobile under account ref 0000000000 (‘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 by Hutchison 3G UK Limited on 02/04/2019 and the notice given to the Defendant. 

 

4) Despite repeated requests for payment, the sum of £820.45 remains due and outstanding.

 

And the Claimant claims 

a) The said sum of £820.45 

b) Interest pursuant to s69 Count 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 £0.180, but limited to one year, being £65.64

c) Costs

  

1. Paragraph 1 is accepted. I have, in the past, had a financial relationship with Three Mobile, however I do not recall the exact details, nor do I recall any outstanding balance. I have requested the claimant verify the exact details of this claim by way of a CPR 31.14. To date, no statement of the alleged account or balance has been received .

 

2.Paragraph 2 is noted, again I do not recall any breach nor received any kind of demand or termination notice or warning.

 

3. Paragraph 3 is denied. I do not recall having received a Notice of Assignment, as stated by the Claimant.

 

4. Paragraph 4 is denied because the claimant is misleading the court in its pleadings. The defendant has denied the debt at each request as the claimant has failed to provide proof of the debt in the form of an agreement or statements  or termination notice.

 

Therefore, the claimant is put to strict proof to: 

 

(a) show how the Defendant has entered into a Agreement/ Contract; and

(b) show and evidence the Defendant was sent a Notice of default and termination notice/demand notices; and 

show how the Claimant has reached the amount claimed for; and

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

 

5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

6. On the alternative, as the Claimant is an 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 and Section 82A of the* Consumer Credit*Act 1974.

  

7. Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly states that any Early Termination Charge, that is made up of the entire balance of the remaining contract, is unlikely to be fair, as it fails to take into account the fact that the provider no longer has to provide and pay for their service.

 

9. 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.

 

Good job I just checked with my brother there was another letter we got today.

 

It’s a copy of a statement from 3 mobile I’ll upload it. Do I need to change the defense to say I received the statement? 
 

Thanks 

Andrew 

 

Lowell Solicitors2.pdf

Edited by Ftgab19

We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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that letter is simply monthly contract charges till it's end on a service you could not use.

covered by point 7 of your defence.

 

as with all the others see post 15 too

 

they'll discontinue this claim close to the hearing date if they push things even that far.

 

 

 

 

 

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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Yes by all means change it.....I thought you had drafted point 3 and it was correct....but reading it now you have simply copied from another defence that I had previously done for another user.

 

Lowell's did not acquire the debt until 02/04/2019 ...so have they provided a copy of the NOA now ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Hi Andy

 

Yes I copied it because I thought our claims were very similar. And no all Lowell has sent was the two letters I uploaded today. 
 

Andrew

 

Is the defence okay to submit in its current form above or does it still need changing?

 

Only rushing because I need to go to work soon and probably won’t have time to submit it before the deadline 

 

Bump

We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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Yes defence is good....I altered it last night.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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