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Lowell Default Judgement, set aside failed, want to do new N244, - old o2 mobile debt, subject to ID theft. not mine!


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I was taken to court yesterday by Lowell who claim that I owe contract ending charges with 3 mobile. I’ve never had a 3 mobile account.

 

I did a N244 form prior to the hearing but really didn’t know what I was doing but I said that this wasn’t my account etc and asked for proof it was my debt. Lowell just concentrated on the fact I was out of time for replying and filing questions?

 

Now the paperwork wasn’t received as I had my son 10 weeks early and practically lived at the hospital for 6 plus months as he was in intensive care I then went to my parents house to receive support and then isolated there due to COVID.

 

the debt they are chasing is for a mobile account with 3 opened in my name when I would have been 17. The address they have shown on a 3 mobile bill is not my address and never has been my address.

 

I have asked what account the payments were taken from as it wasn’t my bank but they never produced anything nor did they produce the original contract allegedly taken out by myself. Court hearing was by telephone yesterday and I frankly have no idea what happened.

 

I explained my case there was a lot of talking between Lowell and the judge and all I can gather is the judge asked them about costs they said none and then the judge said dismissed and then it went quiet and the phone went off.

 

presume I lost the case

can I re instate my N244 properly this time?

What can I do?

 

Also they couldn’t have credit checked this account as that’s not my address, also the phone account was active for 4 years and it seems this debt is an early termination fee

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please post up a copy of the claim form in pdf format

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36 minutes ago, blue01by said:

and then the judge said dismissed

you were dismissed or the case was?

 

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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  • dx100uk unlocked this topic

I couldnt really hear as the link was breaking up but the judge literally said "dismissed" and then it went quiet, i waited a couple of minutes and then the line closed

 

I have pictures of the claim form etc but they are on my phone and it wont let me upload them as they are not in PDF, how do I upload them?

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ok we don't need the claimform 

 

just complete this

 

You have received a Court Claim ISSUED IN ENGLAND & WALES What you need to do - Financial Legal Issues - Consumer Action Group

 

 

can you also post up the defence you filled in text too.

 

have you access to the MCOL portal, go and look at the status of the claim please.

 

you appear to be saying you lost the case but are saying the judge dismissed, which means you won it

 

which is true?

 

 

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 I will complete these and the defence I filed, I dont have access to MCOL portal I will have a look to see how I get access

 

I presumed I lost the case as the judge asked the Lowell people if there were any costs to be added they said no and then the judge said dismissed so I presumed that they dismissed my claim N244 claim 

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ah sorry right hang on, its a dismissal of your N244, so what did you ask for on the N244? that was the wrong way to go if you filled a defence earlier.

 

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

Name of the Claimant ? Lowell Portfolio Ltd

 

Date of issue – 17 feb 2020

 

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? 

 

1.The defendant entered into an agreement with 3 mobile under account reference xxxxxxx

 

2.The defendant failed to maintain the required payments and the service was terminated

 

3.The agreement was later assigned to the claimant on 29.11.2018 and notice given to the defendant

 

4.despite repeated requests for payment the sum of £522.42 remains due and outstanding

 

 

5.And the claimant claims:

the said sum of £522.42

Interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of issue accruing at a daily rate of £0.115 but limited to one gear being £40.65

Costs

 

What is the total value of the claim? £639.07
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Some letters were sent to my address but not with my full name
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No but I wasnt living at the address I was in hospital with my son and then isolating at my parents due to covid
 

Did you inform the claimant of your change of address? 

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

When did you enter into the original agreement before or after April 2007 ? I have never had an account with 3 mobile
 

Do you recall how you entered into the agreement...On line /In branch/By post ? I have never had an agreement with 3 mobile
 

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

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. 
 

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

Did you receive a Default Notice from the original creditor? Give answer here
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Give answer here
 

Why did you cease payments? Payments for this were never coming out of my bank account as I never had a 3 mobile account
 

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

Was there a dispute with the original creditor that remains unresolved? Give answer here
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Give answer here
 

What you need to do now.

 

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On the N244 I stated that I had never taken out a 3 mobile phone contract , I had never lived at the address on the copy of a 3 mobile bill that they had given, i stated that no payments had gone out of my one and only bank account I had ever held and that i had not received any letters as I was temporarily at a hospital and then at my parents address

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but what was the reason for filing your N244... what did you ask the judge to do should you have 'won' the n244..so what did he 'dismiss'

 

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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… and did you pay a fee for the N244?

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I didnt pay for the N244 I used a form for costs to be paid , I filled in the N244 to dispute the CCJ as this wasnt my phone account opened or used by myself I asked for the judgement to be set aside as this wasnt my debt

 

I also stated on the N244 form that I had previously asked Lowell ( which I did) to show proof of the original account that was opened and what proof that had been used to open the account, and which bank account was the mobile phone being paid from as none of these would relate to me,

 

Lowell did state on the reply to the N244 that the original agreement was not available in either verbal or printed form but it was irrelevant as I was out of time for a judgement to be set aside and it shouldnt be allowed to be set aside by the judge as I would have received and should have replied to their correspondence

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so you'd already got a CCJ by default and this was a later episode, to set that aside, but you sort of bodged it all and got it wrong, did you file a detailed witness statement with the N244 ?

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 exactly that, no I didnt do a detailed witness statement as I have not a clue what I am doing and I was really tied up ( premature baby in intensive care )

 

can I refile the N244 or can I take a case against Lowell or 3 mobile as this isnt me who had the phone contract,

 

just to add the costs they are trying to recover are a final bill of around £100 and an early termination fee it seems that the phone contract was held for around 4 years and it must have been paid from a bank account that wasnt in my name, for all these years

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It's very difficult for us to understand what stage of the court process you're at from your explanations.  I think what you are saying is -

 

1.  Lowell sent you letters demanding this money.

2.  They then started legal action and you got a claimform from the court with their Particulars of Claim.

3.  You didn't defend in time.

4.  They won by default and you got a CCJ.

5.  Yesterday you were trying to get the CCJ set aside.

 

Is that right?

We could do with some help from you.

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yes it is

 

yes you can file another N244 but you must do it properly with an accompanying witness statement and exhibits/evidence proving you never resided at that address and the debt is ID theft etc.

 

you don't need to go anywhere near refuting what lowells are claiming etc, nor is the claim anything to do with o2 anymore, they sold the debt and washed their hands of it. 

 

all you simply need to do is provide proof it can't have been you.

 

there are lots of mobile claimform threads here already with examples of WS's to see the format etc.

 

i'm sure @andyorch will pop in later and cross i's and dot T's.

 

for the minute, go get reading here on CAG upon what to do and how, don't do anything further without checking here 1st your N244 is filled out correctly and you WS is suitable, 

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 Default Judgement, set aside failed, want to do new N244, - old o2 mobile debt, subject to ID theft. not mine!

Perfect thank you this is exactly what I wanted to know if I can do, I will have a read of the threads and check with you guys first that the new N244 is filled out correctly and the witness statement is suitable

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Just post anything up to the team to check first

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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