Backdoor Lowell CCJ - old Hutch/3 mobile debt - debt was SB'D **SET ASIDE** still chasing?

[dx100uk]

you need to confirm from the OC what date they defaulted it as if they did that several month after last use/payment, then the DN can be challenged.

plus just remember mobile A/C's are NOT Credit so not gov't by the CCA, 

 

have you read the Lowell mobile claimform threads here.??

 

typically we defend them by:

 

1 The Claimant's claim was issued on dd/mm/yyyy.

 

 2.The date last payment made was the dd/mm/yyyy 

 

 3.The Default Notice was issued dd/mm/yyyy and served several months after the initial breach thus the cause of action delayed by X months and the Limitations period prolonged to 6 years and X months which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.

 

 4.Therefore the Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any true cause of action for breach accrued for the benefit of the Claimant.

 

 5.The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied..

 

………..

 

why don't you send 3 a proper SAR <<Clickme.

DON@T adapt it and limit yourself.

 

is that all the comms log you have?

[ridecar2]

Thank you, I'll send the proper SAR now.

 

The whole comms log is 21 pages long as I've had many problems with three in the past,

I've included the rest from after the last payment that I made,

until the logs that are already on here with this post.

Is the advice still to post the SAR or would email suffice these days?

 

I've read some of the Lowell claimform threads on here, but will read some more as I thought that most of them were to do with defending a CCJ rather than applying for a set aside?

 

Are they pretty much the same thing other than a set aside has a cost and is after the judgement?

 

From the looks of this if we can find out when the OC defaulted it then we're either going with para 3 roughly as it stands, and if not then para 3 becoming words to the effect of "There was no default notice issued"?

 

I'll get the SAR in the post tomorrow with proof of postage unless there's anything else that I need to do first.

I'm sorry for all the bitty information here, not sure what I'm looking for in the comms log (there's no mention of the word "default" there)

[ridecar2]

I don't think it attached before, attaching it here now.

comms.pdf

[dx100uk]

that's not 21pages..

 

 

[ridecar2]

That's everything after the last payment was made. Do you need me to scan in everything from before then too?

[dx100uk]

suppose not it covers the period of the supposed default being registered.

but no record they did inform CRA's.

 

add a line to the SAR,

specific information is required regarding proof of your issuance of a defaulted status to the credit reference orgs, inc date, copy of default notice/or record of issuing one .

[ridecar2]

Thank you, adding that now, then I'll print it off and send it tomorrow.

[ridecar2]

Hi all - I have a reply back from the new SAR with the added line in:

Quote

 

Dear ridecar2,

Thank you for your email requesting information. We note that you recently asserted your right to information and we provided you with this information in Mid-May.

 

We have looked for any additional data from 2/5/20 to the 17/5/20 and can confirm that we have no additional data to supply.

 

Kind Regards,

Data Protection Office

 

 

Are we looking at something like:

 

1 The Claimant's claim was issued on dd/mm/yyyy.

 

 2.The date last payment made was the dd/mm/yyyy 

 

 3.There was no Default notice issued in respect to the claim.

 

 4.Therefore the Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any true cause of action for breach accrued for the benefit of the Claimant.

 

 5.The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied..

 

as a defence and a set aside request here?

[ridecar2]

Hi all, just a short update

- received the results of the SAR to Lowells,

they give the last payment date as 02/08/2013, and the apparent defaulted date as 13/02/2014, so over 6 months later.

There is no default notice in any of the SAR results from either Lowells or Three?

 

With that being the case should I work on the above defence or would it be better to go with the one that dx100uk posted and state that the default was over 6 months after the last payment?

 

Thank you for all your help.

[dx100uk]

I prefer

 

alternative whereby claimant intimates SB date=defaulted date and that has been registered months after the last payment
.
1 The Claimant's claim was issued on dd/mm/yyyy.

 2.The date last payment made was the dd/mm/yyyy 

 3.The Default Notice was issued dd/mm/yyyy and served several months after the initial breach thus the cause of action delayed by X months and the Limitations period prolonged to 6 years and X months which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.

 4.Therefore the Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any true cause of action for breach accrued for the benefit of the Claimant.

 5.The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

[AndyOrch]

Mobile agreements are not covered by the CCA1974...hence no Default Notice.

[dx100uk]

then std SB defence?
 

[AndyOrch]

Yes if there is a clear 6 years no payment or acknowledgment...they cant use the cause of action loop hole on this type of debt....section 87 (1) is not applicable.

[dx100uk]

yes ofcourse and this a set aside too I was on a small screen.

 

so :

 

1 The Claimant's claim was issued on dd/mm/yyyy.

 

 2.The date last payment made was the dd/mm/yyyy 

 

 3.The Cause of action would have been my last payment date because mobile phone contracts are not covered by the Consumer Credit Act.

 

 4.Therefore the Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any true cause of action for breach accrued for the benefit of the Claimant.

 

 5.The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied..

[ridecar2]

Thank you,

 

I've started filling in the N244 form and have a couple of questions:

For 3: What order are you asking the court to make and why? I have "To set aside the judgement for £xxx.xx as I had no opportunity to defend this case because I wasn't aware of it." - Would you include anything else there like the claim form being sent to the wrong address?

 

Do I want a hearing? (I'm guessing yes here)

 

9: Who should be served with this application? I've seen conflicting advice, some saying Lowells and some saying to leave it blank as they'll get it anyway.

 

10. What information will you be relying on, in support of your application? The evidence in the box below and then copy and fill in the blanks for the defence that @dx100uk put above?

 

Would it be worth me redacting information on the form and uploading it before sending it?

Thank you all on here for helping me navigate this and making it as easy as possible. Hopefully I can get this in, pay the fee and then work on the next steps.

[AndyOrch]

On 23/06/2020 at 04:58, ridecar2 said:

Thank you,

 

I've started filling in the N244 form and have a couple of questions:

For 3: What order are you asking the court to make and why? I have "To set aside the judgement dated xxxxx number xxxx Pursuant to CPR 13.3  ( 1a and b ii ) as I had no opportunity to defend this case because I wasn't aware of it." - Would you include anything else there like the claim form being sent to the wrong address? Yes but only if they were aware of your new address

 

Do I want a hearing? (I'm guessing yes here) Yes but you may not get one due to current climate 

 

9: Who should be served with this application? I've seen conflicting advice, some saying Lowells and some saying to leave it blank as they'll get it anyway. The Claimant/Sols

 

10. What information will you be relying on, in support of your application? The evidence in the box below and then copy and fill in the blanks for the defence that @dx100uk put above? Yes

 

Would it be worth me redacting information on the form and uploading it before sending it? Not really its really straight forward to complete dont forget to attach a draft order you dont have to but the court regards it protocol/

Thank you all on here for helping me navigate this and making it as easy as possible. Hopefully I can get this in, pay the fee and then work on the next steps.

 

Regards

Andy

[ridecar2]

Thank you Andy,

 

The N244 is in and I've had a letter back saying that the case has been transferred to my local court who will get in touch with me with a date and time for the hearing. I've been reading up and it seems that the hearing is essentially an opportunity for both sides to put their point across, are there any real gotchas that I need to know about with these types of hearing?

[dx100uk]

If the debt was sb'd you cant lose

 

Dx

[AndyOrch]

Prepare and present your evidence as to why the debt is statute barred.

[ridecar2]

I have received a hearing date for the 11th of August, to be conducted over the telephone.

The court has asked for skeleton arguments to be emailed to them as well as a phone number for them to ring me on on the day.

I've received an email from Lowells too stating that they want to consent to a set aside and a stay on legal proceedings until the end of October, they're still claiming that it's not SB'd because of the default date.

 

They've sent the attached for me to sign and return to them.

Do I sign it and if so does that potentially remove the need for the hearing (if they send it to the court, I'm still preparing for it regardless as I don't want to be caught out here)

Consent_order.pdf

[AndyOrch]

Sign it...keep a copy...then check regularly with the court if its been lodged and that the hearing of 11th Aug has been adjourned.

 

Andy

[ridecar2]

Thank you, will send it back now

[ridecar2]

Hi,

 

Apologies for the reopening of the thread, however I have an update. The set aside was granted as per that consent order. I've had a new email from Lowell Solicitors today:

 

Client Name: Lowell Portfolio I Ltd

Our Reference: XXXXX

Claim Number: XXXXXX

Balance: £XXX

 

We refer to the above matter and to the Order dated 10 August 2020.

 

Our client is willing to resolve this matter amicably to avoid further legal action which would incur further costs and fees. 

 

My client proposes the following options for settlement.

1. A lump sum payment of £XXX in full and final settlement of the Claim or
2. £481.10 to be paid in monthly instalments of £XX.
3. We are also willing to consider any further sensible payment proposals to pay the debt within a reasonable timeframe.

 

The accepted methods of payment are as follows:

• On our website - https://lowellsolicitors.co.uk/. Please confirm the reference of your account in order for the  payment to be allocated correctly.
• By bank transfer to our Bank Account (Natwest, Sort Code: 60-00-01, Account Number: 39543749 and Payment Reference: 226707966)
• Calling us on 0113 335 3338 and making the payment over the telephone.

 

Upon payment being received in cleared funds, the Claimant has instructed us to notify the Court the case has been settled and close the account.

 

If a settlement cannot be reached within 14 days from the date of this email, further action may be taken against you.

 

Please contact us on 0113 335 3338 or email [email protected].

 

If you are at all unclear, we recommend that you seek independent legal advice. Free legal advice is available from the Citizens Advice Bureau.

 

We look forward to hearing from you.

 

Yours sincerely,

 

Lowell Solicitors

 

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

 

Should I ignore this and let them head back to court where I defend with the standard SB defence or is this one of the very rare times when phoning them could help things?

[dx100uk]

futher action..more threat-o-grams.

 

the claim was set aside, the debt was already SB'd when they issued the claimform..

as they really that stupid they think you'll fall for their rubbish.

 

send them our SB letter from the debt collection section of our library.

 

dx

 

[ridecar2]

I've had a new threatogram today over email referencing the SB letter for everyone to have a laugh at:
 

Client Name: Lowell Portfolio I Ltd

Our Reference: XXXXXXXXXXX

Claim Number: XXXXXXXX

Balance: £XXX.XX

 

Thank you for your email.

 

We note that you believe the account to be statute barred, and as such, you consider that we should not pursue the debt any further. However, the default date for the account was on 13 February 2014 and as by issuing a Claim within 6 years of this date we are satisfied that the Claim is not statute barred and are entitled to bring proceedings to recover the sums outstanding.

 

As previously mentioned, our client is willing to settle the matter amicably to avoid further legal action which would incur further costs and fees. 

 

My client proposes the new following options for settlement.

1.              A lump sum payment of £XXX.XX (Lower than previous suggestion) in full and final settlement of the Claim or

2.             Entering into a Tomlin Order agreement for the full balance.

 

A Tomlin Order is where both parties agree to a monthly instalment amount which will put the case proceedings on hold. The agreement will have to be signed by both parties and then sealed by the Court to make it binding. However, if you default on these payments outlined in the Tomlin Order, a County Court Judgment may be entered against you.

 

The Court charge a £100.00 fee in order to seal a Tomlin Order, which will be added to the outstanding balance should you wish to accept. Please find the enclosed draft Tomlin Order and if you wish to accept this, please sign, date and return to us.

 

We will notify the Court tomorrow the current status of the Claim as still unresolved due to lack of response from you to our settlement offers.

 

Please provide us with your intentions within 5 days from the date of this email.

 

Should you require assistance you can obtain independent legal advice from a solicitor of your choosing.

 

If you wish to speak with a member of our team, please telephone us between 8:00am and 8:00pm Monday to Friday or between 8:00am and 2:00pm Saturday on 0113 335 3334.

 

Yours sincerely,

 

Lowell Solicitors

Darwin House 7 Savannah Way Leeds Valley Park West Leeds LS10 1AB

 

I guess that this is just as worthless as before and the lower "offer" amount is them knowing they're in a corner and just begging for some free money?