Lowell/Overdales Claimform - 3 merged debts, 2 Card , 1 mobile debt

[keysersoze1982]

Hi All

 

I wanted to get some quick and dirty advice on a issue I am dealing with at the moment.

 

Overdales (on behalf of Lowell) are perusing a CCJ in the CC's for historical debt relating to two credit cards and mobile phone contracts. 

 

At this stage I have not accepted ownership of these debts and have asked Overdales and Lowell to provide evidence that the debts belong to me. 

 

I have asked for copies of the original credit agreements, terms and a statement of payments made.

I have also asked whether we can discuss and look at a resolution outside of the court system. 

 

I have established that these debts are not statute barred and they have provided adequate information relating to the credit cards. 

 

However they have ignored my request to settle outside of the court, telling me to just complete the court return documents. 

 

Also they advised that mobile phone contracts do not fall within the remit of the consumer credit act and that EE are therefore not obliged by law to provide me a copy of the original agreements. 

 

They advised me to review a EE link with the terms and conditions of their offering. 

 

On reading these terms and conditions it clear states that the provision of their services is regulated by the consumer credit act.  I have again received another letter today providing the details of the credit card account. 

 

The letter states:

 

Quote

 

EE Limited have confirmed that EE do not retain copies of the original signed agreement.  A mobile phone agreement is not a regulated agreement under the consumer credit act and as such they are not required to retain a signed copy of the agreement.

 

When you connect to EE, you would have been asked to either sign a customer agreement form stating that you have read ad agreed to the terms and conditions or, in the case of telesales, you would give verbal agreement to the terms and conditions over the phone and a hard copy would be supplied with the delivery of the phone.  This is in compliance with the consumer protections (distance selling) regulations 2000.  In all cases, the terms and conditions applicable to your agreement with EE (the contract) are supplied in the box with the phone.  These will either be in a separate guide or in the back of the phone user guide.

 

 

My questions in relation to my scenario are:

 

Are there any rules around companies like Overdales supporting settling outside of court if this is requested?

 

If the original agreement / contract contains the clause that it is regulated under the CCA, would it be reasonable for the consumer to expect that they (EE) follow the regulations of the act i.e. in this scenario provide copies of the original agreements?

 

If they can not provide original agreements, putting aside CCA regulations, would this make this an unenforceable debt?

 

I have a reasonable understanding of how the court system works and how contracts work but I am a little confused about this scenario as to me the terms and conditions are contradicting what they are saying.  I do not see how they can state that they contract is regulated under the CCA when its not but then not uphold rules of this i.e. the provision of the original agreement.  To me by inclusion of this, they have implied that any rules associated with the CCA and obligations under this apply.

 

My difficulty with this is I am unable to determine whether the debts are mine, if they are -  how much I was expected to pay and how much I have so that I can determine if what they are saying I owe is reasonable and unduly inflated.

 

Would be grateful for peoples views on this.

 

Thanks

S

Edited October 30, 2021 by dx100uk
spacing

[dx100uk]

going about the mobiles totally wrong im afraid.

 

mobile contracts are not covered by the CCA , but thats not the way to counter that debt if your read like lowell mobile/telecom claimform threads here.

 

can you please complete the questionnaire below and then we will get you moving properly to out do them and win.

 

the last thing you should be doing is offering payment!!

 

 

dx

 

[AndyOrch]

Welcome to the forum.

 

Can you confirm if they issued you with the Pre Action Protocol pack before issuing this claim ?

 

 

[keysersoze1982]

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

 

 

1. The Claim comprises of the following agreements the defendant entered into:

• Capital One (Europe) plc with reference xxxxx current balance of £563.03
• Capital One (Europe) plc with reference xxxxx current balance of £328.20
• EE Finance Plc with reference xxxxx current balance of £1998.59

2. The agreements were terminated as payments were not maintained and subsequently assigned to the claimant.

And the claims:

• The total of the said sums being £2889.82
• Interest pursuant to s69 County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue, but limited to one year, being "231.19
• Costs

 

What is the total value of the claim?

 

Amounts Claimed £3121.01

Court Fee £205.00

Legal Representative Costs £80.00

Total Amount £3406.01

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?

 

Received 30th September 2021

 

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?

 

• 2 x Credit Cards
• 1 x Mobile Phone Account

 

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

 

Not sure of exact dates but post 2007 and likely to be around 2017

 

 

Do you recall how you entered into the agreement...On line /In branch/By post ?

 

• Credit Cards - Online Applications
• Mobile Account - Online Application

 

 

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

 

• Unable to see accounts for Capital One and EE with amounts listed in Claim
• Several Lowell Accounts, although corresponding amounts do not match amounts specified in claim

 

 

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. 

• Claims not issued by original lender
• Accounts assigned to lowell, and claims made by Overdales Solicitors

 

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not able to remember - no documentation to refer to

 

 

Did you receive a Default Notice from the original creditor? Not able to remember - no documentation to refer to

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not able to remember but do not believe so

 

 

Why did you cease payments? Affordability

 

 

What was the date of your last payment? Not sure, but likely to be late 2017

 

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

There were issues with EE in which they blacklisted a device that was over 6 months old and terms indicated ownership of device after this period, there was a threat to black list current devices if a large payment was not paid, due to these devices being with new users, approximately £1000 was paid to EE.

No disputed existed with capital one.

 

 

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

 

Extensive contact was made with EE to discuss ongoing difficulties in relation to mental health and financial difficulties.  I had been diagnosed with ADHD not long before these issues started to occur, they gave the impression of being supportive but there was no material difference to the outcome.  I did look at DMP and related solutions at the time, but due to the ADHD I was unable to focus and concentrate on getting these resolved.

 

I have yet to discuss repayment and do not intend to at this stage, further more I have not accepted ownership of these accounts yet as I have asked them for evidence of ownership in form of original agreements and statements.

 

The only thing that I have asked is to discuss avoiding this to go full through the court, but they have ignored this and told me to complete the court return documents.

 

Looking at the link around pre action protocol it, they have sent me a notice of claim issue, this is a one paged document with nothing else but details of what to do next.

Edited October 31, 2021 by dx100uk
removal of numerous unnecessary quotes

[AndyOrch]

But not the response form allowing 60 days before litigation is commenced ?  So they have not complied with PAP. ?

[keysersoze1982]

Not sure, don't recall a response form.

[dx100uk]

what date is top right on the claimform please

 

have you sent CCA requests for the 2 cards with the fee?

have you sent cpr 31.14 to the solicitors?

 

have you done AOS on MCOL website?

 

dx

 

[keysersoze1982]

I had requested Credit Agreements and Statements for all accounts, they provided these for the credit card accounts.  They said that they were not obliged to provide this for the mobile account stating it does not fall under the CCA, however the terms and conditions stated that it did.

 

I have not done a CPR31.14

 

I have done the AOS on MCOL

[dx100uk]

upon which they are correct there is no cca for a mobile.

 

so you did not sent a cca request for each card with the £1 fee... simply a letter which asked for such?

 

can we have the date top right of the claimform please.

[dx100uk]

you need to interact with this thread

 

dx

[keysersoze1982]

I intend to, i am in scotland at moment and not back home till thursday so dont have access to documents.

[dx100uk]

sure.

 

dx

[keysersoze1982]

The Issue Date is 24 Sep 2021

 

I did not send a CCA Request, just asked via email for copies of statements and agreements along with last payments made

Edited November 4, 2021 by keysersoze1982

[dx100uk]

then you need to do:

 

.
get a CCA Request running to the claimant

https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/

..

Leave the £1 PO unsigned and uncrossed

.

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]

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