Jump to content


  • Tweets

  • Posts

    • Hi   I assume this mattress was the Tenants own property?   So after moving out the Tenants provided an attachment showing a stained mattress and wanting full deposit back and threatening to claim against you for this.   1. Tenants failed to notify you of this stained mattress issue until the end of tenancy after they had vacated the property.   2. You have no evidence that this was the actual mattress used in that property nor evidence to back up there claim the staining caused this mattress damage.  (i.e. one of them could have had an accident and wet the bed or done this when they moved from the property).     3. Ask them that you wish the mattress independently inspected. (which you are fully entitled to do and if it proves this claim is false it will be added to the deposit claim by you the landlord for damages as well as the Garden if you need to get landscapers in to carry out the work that should have been carried out by Tenants as per Tenacy Agreement and raised  by yourself (Landlord) on a few occasions which Tenants failed to rectify even at end of tenancy.   4. Ask them to provide you with the contact details of there Contents Insurance Company (tenants whether Private or Social Housing should always take out and have Contents Insurance but is up to that tenant) bet they don't provide it Big question is the Deposit protected in a Tenancy Deposit Scheme (TDS) and those Tenants that have left were given a copy of the Prescribed Terms for that TDS? (Bear in mind you may need to tell TDS that you are in dispute with the Tenant about damages i.e. mattress and Garden)    
    • plenty of time to research and calm down. nothing much to do until the end of june.    
    • well ...... 1st you need to go back to post 1 and carefully read ALL this thread from the start again and pay attention to the advice and the undertones it explains about 'debt'.   2nd ...the truth is you owe no-one ANYTHING, the OC wrote off and sold the debt, and got most of it back against tax and business insurance schemes ...throw the morality card out the window...the OC did by selling the debt on for <10p=£1. and the DCa want the full balance ...id so many fools stopped paying powerless DCA's tomorrow, the whole industry would collapse overnight.   3rd the only reason this is still around your neck is because you failed to follow given advice...had you ..it would now be statute barred.      ^^^ very important research the M+S credit card debacle using our enhanced google searchbox on this page   as for the PAPLOC reply,   D.. desipte a previous CCA requests, the claimant has yet to supply any/all of the required paperwork.   i: delete [CC is attached to this reply form]"   
    • Hi again   Yes, it's been a lovely day weather wise.   Guess you've better things to do with weather like today than help with this problem, so thanks very much for your input, it's very much appreciated.   Late this afternoon I did receive a reply from the tenants, and they are asking me to go 50/50 with getting the garden sorted, not only that, as they have moved away they are expecting me to get the quotes.   Regarding you view on this issue, its so easy not to see the whole picture and my thoughts that the staining damp may be of their own doing didn't occur to me as I was so locked into the historical leak. Taking a closer look at the room in question today, I'm convinced that they are trying it on with the stained mattress- they did mail through a picture and then a receipt for supposedly the mattress. My wife and I then took both the pic and receipt to the bedding store where purchase was made to ask if the two married up, the picture does not show any emblems/manufactures logo or such to prove that this is the case, so we are none the wiser- our thoughts being that the stained mattress is from elsewhere.   A few days back I spoke to our letting agent regarding all of this, as was quite correctly mentioned there are two parts to this equation, namely the mattress and then the property.   Our agents mentioned to me that as an inventory was not carried out initially with the let, (hindsight) the pictures that were used to advertise the property could not be used as evidence to present to the TDS to be compared to the pictures now as there is no proof that the advertising pictures were in fact how the property was when the let started. I mentioned that all digital pictures have a means of finding when that pic was taken- Geo tag/Metadata- agent was quite surprised by this. The agents thoughts then went for a hide in a vacuum-   This is going off at a tangent here-many moons ago my wife studied computer science at a local University, one of her classmates who she is still in touch with is now a practising Solicitor. My wife suggested that maybe I give her a call, a bit rude I guess, but I did  phone and with the pleasantries out the way  I asked for her opinion of the best way to get this sorted. Her remit isn't landlord type stuff, however she will speak to a colleague on Monday and come back to me.   The property is due to be relet on the 21st, we will ensure that the new tenants move in to a home that is immaculate and welcoming, trouble is its getting a tadge close to get the garden issues sorted in time.   I know that all this will get closure in the end, but at the moment I've had more fun with a toothpick-   Again, many thanks.
    • The collection is currently stored at curator James Blower's home, but he has now found a space situated in an old bank premises where he hopes to exhibit them from this autumn or early next year. View the full article
  • Recommended Topics

  • Our picks

  • Recommended Topics

Lowell Claimform - old British Gas util debt.


Recommended Posts

I'm sitting here trying to fill in a defence on the Money Claim Online over a CCJ claim form received from Lowell. I've tried to find some help on this forum but can't find anyone who's experienced the same issue. Long story short. 4 years ago after a failed suicide attempt I left hospital and moved in with family, I never returned to my home. I moved a couple of times and now live with my husband at our address for the past 2 1/2 years.

 

Out of the blue I received a letter demanding money from Lowells and another from Lucas Credit, yes I should have called but just stuck it at the back of my mind. Now the have made a claim through the county court for an outstanding debt to British Gas for £1795.71 this includes statuary interest they are adding on.

 

They're claim states I failed to maintain payments under an agreement, but our home had a pre paid meter. I want to defend this but I need to know how. Have I left this too late. We don't have any debt and my husband has a good credit record but we are not wealthy and can't really afford to repay this quickly if we have to.

 

Anyone help?

Link to post
Share on other sites

Topic moved to Financial Legal Issues Forum

 

Please read the following link and then copy the Q,s and your responses back here for further advice.....do not submit a defence until we advise further.

 

 

 

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

 

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

Link to post
Share on other sites
  • Andyorch changed the title to Don't know where to turn Lowells Court Claim Received
Posted (edited)

Name of the Claimant ? lowell

 

Date of issue – 18 March 2021

 

 

Particulars of Claim

 

What is the claim for – 

1.The claim is for the sum of £1491.40 due by the defendant under a British Gas account with an account reference of xxxx.

 

2. The defendant failed to maintain contractual payments required under the terms of the account agreement

 

3.The debt was legally assigned to the claimant on 11-12-18 notice of which has been given to the defendant

 

4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £119.31

 

The Claimant claims the sum of £1610.71.

 

What is the total value of the claim? 1795.71
 

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? Give 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? Give 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 ? If i did enter into an agreement I dont remember
 

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. 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? Had a pre payment meter no payments to be made
 

What was the date of your last payment? Give answer here
 

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
 

 

Edited by dx100uk
POC updated
Link to post
Share on other sites

is that all the poc says?

 

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... 

Link to post
Share on other sites

Thanks.....okay if not already you must acknowledge service of claim by Monday 5th April 4.00pm...and tick you intend to defend all of the claim. You can do this on line by following the instructions contained within the court claim response pack.Do not submit a defence yet.

 

Then refer back to my link and send the claimants solicitor a CPR 31.14 request for any documents referred to within its particulars.

That's all you need to do  for now.

 

By Monday the 19th April 4.00pm you must submit a defence........come back nearer this date and we can provide a standard defence.

 

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

 

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

Link to post
Share on other sites

This is much appreciated. The POC does mention the debt was legally assigned on 11/12/18 notice of which was given to the defendant and the claim includes statuary interest under S.69 of the County Courts Act 1984. I am in the process of filling in the defence online but I'm not sure how to phrase my defence

Link to post
Share on other sites

you do not file a defence yet!

 

just do AOS

 

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... 

Link to post
Share on other sites

Thank you dx I have done as you suggested. My AOS was acknowledged this afternoon. So pleased I contacted you as i was half way through my defence statement.

 

 

 

Link to post
Share on other sites

Good

Slowdown and calmdown.

There are numerous lowell util claimform threads already

might pay you to use our search in the top red banner for those 3 words.

 

now the cpr 31.14 request.

i know its a pain, but we need the poc typed out here exactly as it appears on the claimform, as that exact wording might dictate what documents you can ask for.

 

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... 

Link to post
Share on other sites
3 hours ago, tommy2000 said:

Thank you dx I have done as you suggested. My AOS was acknowledged this afternoon. So pleased I contacted you as i was half way through my defence statement.

 

 

 

Well I have told you twice already not to submit the defence at this stage...:classic_biggrin:

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

Link to post
Share on other sites
  • 3 weeks later...

Thankyou all for the help you have provided so far. I now have to file my defense and could use some advise. I sent off my request for cpr 31 it was received and signed for on 9/4/2021 but have not had any response. What do I do now?

Link to post
Share on other sites
  • dx100uk changed the title to Lowell Claimform - old British Gas debt.

can we have the exact POC please as written.

 

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... 

Link to post
Share on other sites

Thanks dx

 

POC

 

1.The claim is for the sum of £1491.40 due by the defendant under a British Gas account with an account reference of xxxx.

 

2. The defendant failed to maintain contractual payments required under the terms of the account agreement

 

3.The debt was legally assigned to the claimant on 11-12-18 notice of which has been given to the defendant

 

4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £119.31

 

The Claimant claims the sum of £1610.71.

 

I have since received a letter from Overdales Solicitors dated 1/4/2021 asking me to respond to the claim or contact them to discuss payment options.

 

Do you think it might be a good idea to try and make an arrangement?

Link to post
Share on other sites

god no you never give if they no real proof by all the bills.

 

defence due by 4pm tomorrow monday.

so have you read a few of the lowell until claimform threads that are here in abundance and got an ideas what to put.?

 

it's better you have a go and we correct it else you wont have a clue going forward.

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... 

Link to post
Share on other sites
  • dx100uk changed the title to Lowell Claimform - old British Gas util debt.

dx

I have been reading the forum on Lowell claimform for hours and to be honest I don't really understand them.

 

As for my defence I feel my only option is to deny the debt due to not being provided by the claimant any proof of this debt.

 

I have had 3 addresses since being a British Gas customer and I have mail going as far back as 2015 and there is nothing from BG or Lowell until January 6 this year.

 

Reading through other posts I realise now I should have sent off for a copy of the agreement I had with BG. Have I left this too late?

 

Tommy2001

Link to post
Share on other sites

theres no agreement with utils.

did you send off the CPR 31:14

 

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... 

Link to post
Share on other sites

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... 

Link to post
Share on other sites

dx

Thank you for you help. The link you sent was very useful. I have sent in my defense. I would like to make a donation to the forum in appreciation. What's an acceptable amount?

 

Tommy2000

Link to post
Share on other sites

Why didnt you follow advice and post it up for checking?

what did you file please?

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... 

Link to post
Share on other sites

dx

I have not yet signed or submitted yet. I'm just hanging on as long as possible for the post to see if they have replied to my request for cpr31

 

1.The claim is for the sum of £1491.40 due by the defendant under a British Gas account with an account reference of xxxx.

 

2. The defendant failed to maintain contractual payments required under the terms of the account agreement

 

3.The debt was legally assigned to the claimant on 11-12-18 notice of which has been given to the defendant

 

4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £119.31

 

The Claimant claims the sum of £1610.71.

 

Defence 

 

1.the Defendant contends that the Claimants 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.

 

2.Paragraph 1 is noted. It is accepted that I have in the past had a financial arrangement with British Gas. The claimant has given no details as to the full breakdown of their claim and what dates it relates to, so I am unable to defend specifically.

 

3. Paragraph 2 is denied as I'm unaware what dates or address of property the claimant refers to within its particulars. I have therefore made a request pursuant to CPR 31.14 signed for by them on 9/4/2021 which the claimants have failed to respond.

 

4. Paragraph 4 is denied. I am unaware of an assignment and have have never been served with a Notice of Assignment pursuant to sec 136 of Law of Property Act 1925


5.Where a claim is based upon a written agreement a copy of the contract or documents constituting the agreement,  the original(s) should be available at the hearing along with a complete breakdown of how the charges accrued by date and amount under civil procedure rules Practice Direction 16 (7.3).
 
6. Therefore  with the court's permission the Claimant is put to strict proof to:-


a) show and disclose how and where the Defendant has entered into an agreement.
b) show and disclose how the Claimant has reached the amount claimed.
c) show how the Claimant has the legal right, either under statute
or equity to issue a claim.
 
7. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.

 

8. It is therefore denied that the defendant is indebted to the claimant as alleged or at all.

Link to post
Share on other sites

wait you can't be penalised any as you are a litigant in person (joe public)

you have leeway of a day or two.

we'll check it tonight

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... 

Link to post
Share on other sites

that needs work but is generally good

para 1 is missing a sentence 

 

more later

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... 

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...