Lowell/Overdales PAPLOC now claimform - 4 merged telecom debts ***Claim Discontinued***

[AndyOrch]

Topic moved to Financial Legal Issues forum in view of the claim form.

 

Please read and follow the following link and then copy the Q,s and your responses back here for further advice.

 

 

Andy

[Cagney18]

Which Court have you received the claim from ? COUNTY COURT BUISNESS CENTRE

 

Name of the Claimant ? LOWELL PORTFOLIO I LTD

 

Date of issue –  11 FEB 2022

 

AOS - 1st march

 

defence filing date : 15th march

 

Particulars of Claim

 

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

1) The Claim comprises the following Agreements the Defendant entered into: 

a. Hutchinson 3G UK Limited with reference xxxxxxxxx current balance of £220

 

b. Hutchinson 3G UK Limited with reference xxxxxxxxx current balance of £370

 

c.British Telecommunications PLC with reference xxxxxx and current balance of £90

 

d. Sky UK Limited  with reference xxxxx and current blance of £90 

 

The agreeements were terminated as payments were not maintained and subsequently assigned to the Claimant.

 

And the Claimant claims:

a)The total of the said sums being £ 900

 

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from date of assignment to the date of issue, but limited to one year, being £70.

 

c) Costs

 

What is the total value of the claim? £1100
 

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? 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? MOBILE /TELECOMMUNICATIONS CONTRACTS
 

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...) ? No

 

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 assigned to LOWELL PORTFOLIO 
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? LOWELL have sent copies of notice of assignment  
 

Did you receive a Default Notice from the original creditor? Can’t remember 
 

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 to keep up with payments
 

What was the date of your last payment? 2018 for 3 MOBILE accounts, 2017 for BT, no payments to SKY
 

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
 

[dx100uk]

Just to clarify, you have only ever received one letter of claim for the bt debt?

 

And all the rest were last paid within 6yrs?

 

Dx

 

 

 

Sorry missed a post where you said its all four on the paploc you got

[Cagney18]

What are the next steps to acknowledge the claim and start writing a defence?

 

Is it worth trying to defend the claim as all but one have had payments made within the past 6 years.

 

I was sent some documents from Lowell but none of which look very legit.

 

Any help greatly appreciated. 

Edited February 18, 2022 by dx100uk
Solid block of text spaced out

[dx100uk]

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 on the Gov't Gateway Site
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 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
[BUT you MUST file a defence regardless by day 33 ]
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]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

on BOTH type your name ONLY
Do Not sign anything
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

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

 

[AndyOrch]

Acknowledgment of service must be completed by day 19 (Tues 1st March 4.00pm).....if you are intending to defend all the claim you will then get another 14 days to submit a defence (Tues 15th March 4.00pm )

 

Providing you have  got your CPR 31.14 request ready and sent off...simply take time to read around here on similar claim then you will be familiar with the process.

 

No rush just yet ...take your time.

 

Andy.

 

 

.

[dx100uk]

Programmable Search Engine

CSE.GOOGLE.COM

clickme^^

[Cagney18]

Hi, 

 

Can't find other CPR letter is there a different one to use for Telecom debts?

 

 

[dx100uk]

your CPR should have been sent 3 WEEKS AGO!!

did you do AOS on MCOL?

 

dx

 

[Cagney18]

Yes I know its late my partner has just had a baby so have put it off. Is it too late to send now?

Yes I did AOS on the 28 of Feb.

 

[dx100uk]

just in time then.

 

just send our std CPR today else you miss another 4 days of your 33.

 

you MUST file a defence by 4pm 15 march regardless.

 

dx

 

[Cagney18]

Ok thanks will get sent today it says on the template delete parts if not mentioned in the particulars of the claim there is no mention of any documents in the particulars of the claim. It only says 'agreements' the claimant entered into.

 

so should I include this part?

Edited March 4, 2022 by Cagney18

[dx100uk]

Just send it so you dont miss todays post

[Cagney18]

I know I still have a week to file a defence but don't want to leave it to the last minute. Is there a template on here to help get me started?

 

Thanks in advance. 

[dx100uk]

a defence is not a template.

each case is different

 

however use our enhanced google search box 

 

claimform telecom

claimform mobile 

 

claimform merged.

 

look for our std holding/no paperwork defence in most threads and adapt that

 

post it up here 1st for checking please

[Cagney18]

I have copied a first draft of my defence. I don't know if its too vague and I should be including more but the particulars of the claim very vague. 

 

Draft 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 accepted insofar as I have in the past had contractual relationships with Hutchinson 3G UK Limited, British Telecommunications PLC and SKY UK Limited. However, I do not recall the exact details or recall any outstanding balance and have requested that the claimant verify the exact details of this claim by way of a CPR  31.14 request. The claimant has yet to comply.

 

 2. Paragraph 2 is denied. I do not recall any breach and therefore the Claimant is put to strict proof to:

 

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

and

(b) show how the Defendant has reached the amount claimed for; and

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

  

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

 

4. Notwithstanding the above should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract, OFCOM guidance 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.

 

5. 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.

 

 

 

[Cagney18]

Have received a letter from Overdales stating they have received AOS but they do not need to supply agreements  as not regulated under the CCA. I see this is quite common from reading posts and why they but these debts. They say they may ask the court to accept that there was a contract based on 'other' evidence, would be good to know what this 'other' evidence is! 
 

Do I need to change my defence as I'm using the point that there is no agreement (see above). 

[dx100uk]

You didn't mention the CCA nor agreement s in your defence.

 

Yes STD practice for them

 

Dx

[Cagney18]

Ok thanks for reply, will get defence sent off today. 

[AndyOrch]

Quote

 They say they may ask the court to accept that there was a contract based on 'other' evidence, would be good to know what this 'other' evidence is! 

 

Copy statements /Bills in your name and address.

[Cagney18]

Thanks Andy they did send a few statements prior to the claim which included 3 final bills and statements and notice of assignments from Lowell, will this be enough for them to rely on? 

[dx100uk]

If you go read a few more of those threads i n The link suggestions i posted earlier, youll see 99% of the time on these speculative claimform s  they either fold or lose as monthly charges till end of a contract you could not use anyway as disconnected etc unfair penalties.

 

Dx

[Cagney18]

Have heard back from Overdales they have come back with the dates the agreements where entered into, when they defaulted, last payment date and last payment.

 

They also make the point that a payment plan had been set up to repay the debt and enclose these and say I can pay a lump sum or by instalments and offer a consent order and have a limited time to accept their offer.

 

Just wondering what I do next continue to ignore? 

Edited April 12, 2022 by dx100uk
spacing

[dx100uk]

as they do in these cases if you read like threads here.

scan up everything they have sent to one mass PDf please following suitable redaction.

 

dx

[Cagney18]

Have attached what they have sent.

Overdales-2-compressed.pdf