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TheDude1

Lowell Claimform - old EE Mobile debt - Genuine error or underhand tactics ***Claim Discontinued***

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Hi guys, could do with some advice with this one...

 

Basically I received a Claim form from a DCA, it relates to an old mobile phone debt.

 

I defended the claim on the grounds they could not produce any documentation or evidence that I owed the money.

 

Then I received these documents from the DCA:

1. Letter from them stating they are no longer pursuing the claim and they have filed a 'Notice of Discontinuance' to the Court.

2. Copy of Notice of Continuance sent to the Court.

 

Then I noticed on MCOL the DCA filed the DQ and I received a official DQ from the Court.

 

I have never received any offical 'Notice of Discontinuance' from the Court.

 

Does this sound like a genuine mistake?

I have emailed the DCA and they say

- Unfortunately the Court did not receive the Notice of Discontinuance.

 

or is it a well known sneaky tactic in hope of me not submitting my DQ?

What would happen if I don't submit a DQ?

 

Thanks

 

 

 

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Well it's no skin off your nose. Simply submit the DQ as normal and in fact you can point out in it that the claimant has written to you and said that they are discontinuing – and you don't understand why they haven't gone through with it.

Is there any reason why you shouldn't submit it?

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Topic moved to Financial Legal Issues Forum.

 

Could be a genuine error...but the DCA would have had to inform the court that they wished to proceed with the claim for them to receive and submit a DQ.

 

Have you filed your DQ ?

 

Andy

  • Like 1

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Thanks for the advice both 🙂

 

I just been googling if I don't submit a DQ, my original defence could get struck out, would they then get judgement by default?

 

Yes I will file the DQ by the deadline thanks, as I am fully defending the claim should I not agree to any mediation service?

Thank you

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We cant possibly advise without any information re the debt or the claim....please complete the following and post it back here for further advice.

 

 


We could do with some help from you.

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Ok thanks, looks like I will have to say yes to mediation from reading your post here:

 

Thanks for the advice

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Not necessarily...your debt may be statute barred...or disputed or made up of penalty charges...without any history we cant advise if mediation is the correct option.  

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We could do with some help from you.

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please get our link done dude 

 

dx

 

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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Yes its a known tactic to say they have discontinued, and then carry on, do as DX advises .

  • Like 1

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Ok thank you all, here is all the information:

 

Claimant: Lowell Solicitors

 

Date of Issue: 03/02/2020

 

POC

1. The Defendant entered into an agreement with EE Limited under account reference *******123 ('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 06/05/2018 and notice given to the Defendant.

 

4. Despite repeated requests for payment, the sum on £412.67 remains due and outstanding.


Defence

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 noted. I have in the past had an agreement with EE Limited but do not recognise this specific account and have requested clarification by way of a CPR 31.14 and section 78 request.

 

2.Paragraph 2 is denied, I am unaware of any existing outstanding balance or breach, nor ever receiving a termination notice from the original creditor.

 

3.Paragraph 3 is denied I am not aware I received any Notice of Assignment from the claimant nor the original creditor.

On receipt of this claim I requested information pertaining to this alleged debt from the Claimants solicitors by way of a CPR 31.14 on the 04th of January 2020 by recorded delivery.

 

Furthermore a CCA section 78 Request was sent to the claimant Lowell Solicitors Limited, by recorded delivery on the 07th of February 2020.

 

On the 15th February 2020, the claimant responded to the CPR 31.14 request stating:

 

"This debt does not arise under an agreement for credit. Therefore it is not regulated by the Consumer Credit
Act 1974. This means that the original creditor is not required to retain a copy of the Agreement, if it was
in writing, and therefore we are unable to obtain a copy. If the matter proceeds we may ask the court to accept
there was a contract based on other evidence that may be available".

 

4. It is therefore denied with regards to the Defendant owing any monies to the Claimant,
the Claimant has failed to provide any evidence of the agreement, assignment/balance/breach requested by CPR 31. 14, and by a CCA Request, therefore 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 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, if 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. 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.


-------------------------------------

 

 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

 

Is the claim for - mobile phone account


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

 

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 - Default

 

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. DCA

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Probably

 

Did you receive a Default Notice from the original creditor? Probably

 

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

 

Why did you cease payments? sometime in 2016

 

What was the date of your last payment? sometime in 2016

 

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

 

Thanks

 

The deadline for me to submit the DQ is very soon this week, so appreciate some help submitting this with mainly regards to mediation section

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so not SB'd

 

shame you missed the most important bit out of your defence for a mobile debt..

 

8. 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. 

 

N180

yes to mediation

1 wit you

the rest is obv

 

don't give sig/phone/email on your copy to lowells solicitors.

 

plenty of lowell MOBILE claimform threads to read here ..most we win.

use our search top right.

 

thread title updated

  • Like 1

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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Thanks dx 🙂

 

Shame I did miss that out, I must of used an older template, oh well !

 

Thanks will get it done this week, will post the outcome of this claim

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Hopefully the omission isn't fatal to the defence.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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You can introduce it within your witness statement  assuming the debt contains such and ...should they wish to proceed that far.

 

Andy

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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

 

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Posted (edited)

Thank you for the help

I checked MCOL and its now saying:

 

Notification that the claim against you was discontinued was received on 28/05/2020 at 13:22:12


Can this debt be re-sold to another DCA? (who are unaware of this debt reaching the county court) thus they issue a fresh claim?

Or is it likely I won't hear anything again about it ever again?

 

Cheers for all the help

 

Edited by TheDude1

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Excellent.... topic title updated .

 

The latter

 

Andy

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Well done, as Andyorch says likely the last you will hear of it, don't think an alleged Invoice parking debt can be sold on anyway.  Even Lowlifes (lowell ) wouldn't try it on with one of those even if they could buy it.

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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

 

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

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Mobile debt not parking debt BN

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We could do with some help from you.

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Oops was thinking about another thread,

  • Haha 1

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

 

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

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Easily done...close a few windows :becky: 

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We could do with some help from you.

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

 

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Do you know how many open tabs you can accrue on a 2560 x 1080 ultrawide😂 was looking at a WS for a parking case on the other screen and the notification popped up........

  • Like 1

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

 

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

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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