Lowell claimform - 3G Hutchinson Ltd for multiple contracts

[tinkibell]

I was a customer of 3G since 2010 when I separated from my ex and took over his dongle contract (no forms signed etc) I took over payments and it went into my name following a phone call.

 

I ended up with 3 ongoing contracts with them 2 mobile phone contracts and one for a device

 

on the device account I went from dongle then upgraded at end of contract to laptop then upgraded at end of contract to IPad etc since 2010.

One mobile contract for my son from 2011 until 2018 (when he turned 18)

One mobile contract for myself ended in December 2021.

 

With most contracts they would end after 24 months but I would keep them going until I went in to the shop to upgrade (tbh this could be up to 6 months after the contract had finished as I had forgotten). Shop would do their stuff and I would upgrade, no issue I thought. 

 

Well Lowell have now issued a claim for a CCJ for multiple 3G accounts. 

4 accounts to be exact.

 

I checked my credit report today and I have one 3G account on there showing as settled and completed the rest are now showing as Lowell Portfolio and all the dates have changed and Lowell have issued defaults on them in 2020. 

Some of these accounts were originally showing as closed back in 2015 and now they are up and open and showing recent defaults.

 

I am going to SAR 3G and Lowell but I know they won't provide any information as one of the amounts I am aware of and it was because when I upgraded they forgot to cancel the old contract and have been in dispute with them for years about this. 

 

One of the amounts I may owe some of it, my son turned 18 and we went in store and they gave me an amount to cancel the contract and pay it up and my son could start a new one or he could take it over, he wanted to take it over so gave all his details to the staff along with his bank details and they told me they would sort this out when the manager returned and I could cancel the direct debit as I had just paid for the month and it would be sorted within the month.  So if he didn't pay this (which I don't know as he was then hospitalised for nearly a year and when he came out the local authority took over his finances).  I will happily pay the amount I was initially quoted as owing as I did sign the original agreement.

 

My question is

how can they take over accounts and change the start dates and then apply a default when some would be statue barred at this point and could only be defaulted by them updating the start date etc?

 

How can they add a default 4/5 years after the delinquency they have reported occurred?

The account numbers on my credit file and the ones they are chasing for are not the same numbers? does this matter?

I have only ever had 3 accounts and now 5 are showing on my credit file? 1 settled and 4 owing monies. 

 

If I win my defence as I am arguing I never owed the amounts as these were upgrades and the other contracts had finished and it wasn't my fault they never cancelled them and in one case they were given 3 months notice to cancel at the end of contract as the device was stolen/broken so I blocked it and informed them I wanted to cancel the device at the end of the contract as I wasn't intending on getting a new one.

If I win can I ask for these particular accounts to be removed from my credit file and the defaults to be removed.  

Any help at all will be appreciated

 

 

[dx100uk]

please complete the above and we will get you moving

 

lowell- a dca debt buyer, cannot issue a default, only the original creditor can do that on or before the date of sale.

 

yes there are numerous multiple mobile merged claims here

many turn out to have several statute barred debts thrown in for good measure hoping you'll wet yourself and cough up immediately.

 

its what we call a speculative claim.

lowells are masters at these but lose most of them as long as you FOLLOW OUR ADVICE.

else you'll lose.

 

get the sticky done

and scan up any previous paperwork they have sent too.

i suspect, you have moved several times over this period

so previous paperwork has gone to an old address

 

 

dx

 

 

[tinkibell]

 

• You have received a claim form.

Which Court have you received the claim from ? County Court Business Centre, 4th Floor St Katharine's House, 21-27 St Kathrine's Street, Northampton, NN1 2LH

 

 

If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS)

Will do

 

Name of the Claimant ? Lowell

 

Date of issue – 

 

Date of issue 21 July 2020

date to acknowledge = 8th August

date to submit defence = 22rd August 

 

Particulars of Claim

 

What is the claim for – 

1.The claim comprises the following agreements the defendant entered into:

a. Hutchinson 3G Ltd with reference (ending in 0720) and current balance of £51.00

b. Hutchinson 3G ltd with reference (ending in 4338) and current balance of £73.00

c. Hutchinson 3G ltd with reference (ending in 5114) and current balance of £95.00

d. Hutchinson 3G ltd with reference (ending in 8558) and current balance of £361.

 

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

 

3. And the claimant claims:

 

 the total of the said sum being £580

b) interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignments of the date of issued, but limited to one year, being £35.55

c) costs

 

What is the total value of the claim? £756.07
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No idea if I am being honest.
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes all of them are listed as my old address I moved at the beginning of 2020 a week before lock down. But 3G Hutchinson had my new address as I still had a contract with them that is not listed above and is showing as settled
 

Did you inform the claimant of your change of address? No I wasn't being chased at this time or aware that I owed any monies

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

When did you enter into the original agreement before or after April 2007 ? No
 

Do you recall how you entered into the agreement...On line /In branch/By post ? I I believe but most were in the shop
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes all, but not the original just the Lowell with no delinquent dates just defaults added in 2020 no payment history and start dates I do not recognise.

 

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. From 3G Hutchinson Ltd to Lowell Portfolio I Ltd
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No but I can not state it wasn't sent.
 

Did you receive a Default Notice from the original creditor? No I have not. I believe for one account one was put on but as it was disputed it was removed. but no evidence of this as it was many years ago.
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? e Not that I am aware of but I may have just binned it
 

Why did you cease payments? No Idea but the last one would be 2018, I am not sure what the others are referring to, but I think 2016, 2014 and 2012
 

What was the date of your last payment? I would need to know what devices they are referring to to know the last dates I paid as I would have upgraded every 2 years as all but one is referring to a device (dongle, laptop and then ipads
 

Was there a dispute with the original creditor that remains unresolved? Yes and I raised the dispute over and over and at times was told it was resolved as it was them who had not cancelled the old contract when I upgraded to a new device
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No, no contact with DCA at all, par back in 2015 when I told them one of them was disputed (there was only one showing at the time) no idea where the others came from tbh. It was sent back to 3G Hutchinson Ltd who acknowledged it was an error on the phone and said it would be sorted out. I also wrote to them but my guest is this was 2014 when it started, but again I am not sure if this was related to one of these amounts or a different one. 
 

What you need to do now.

claimform.pdf

[dx100uk]

Get that SAR of to 3 1st thing Monday by recorded post, don't forget to sign it and Inc a current ctax bill copy  

 

More later.

 

It would be very advantageous to discover some are sb'd by your defence filing date 

 

If you can find an email ad for 3 or ask where to send it by chat on their website all the better, but again don't forget to attach a PDF copy of ctax bill as proof of who and where you are now, else they will poss refuse the data 

 

You base problem here is you assumed a current contract would update old contact s bad idea!

 

Dx

[tinkibell]

SAR done and printed and council tax also printed.  Ready to be sent tomorrow by registered mail to 3G and both also sent PDF with both electronic signature and scanned signature on letter sent by email to them with read receipt added so should receive receipt when they open this email.

 

At the moment I can only get bank statements going back 7 years showing my payments to 3G but there is only ever 3 payments a month (par when they made the error and there was 4 coming out for a year and I phoned and queried this and they cancelled the payment and said they would speak to their manager and arrange a refund... which of course never happened).

 

Frustrating as they never paid me back from when my sons phone was stolen I put a stop on it and they didn't and someone got a hold of this and was using it for months (paperless so no idea) until whoever stole it got greedy and tried to and then successfully upgraded the account to unlimited data and international calls adding nearly £50 a month onto the contract, as I was still paying it because I always paid them. 

 

I kicked off blue murder and all I got was oh yeh you reported it stolen and asked for it to be blocked we have the notes but it wasn't done. That took 5 hours on the phone with no one understanding me, just oh you don't want to upgrade the account... honestly, should have left them then. 

 

I can only guess at the moment when the contracts were upgraded/started due to a high direct debit month and in one case I made a payment upfront.  The direct debit numbers haven't changed as in one wasn't cancelled and another started they just rolled on.

 

From 7 years ago 2 direct debits always on the 3rd of the month and another one on the 15th, every month since 2010 until my final contract was up in December 2020. By which time the 4 defaults were already on my credit file.

 

[dx100uk]

direct debit guarantee, go ring your bank.

if DD's were taken when they should not have. could still get you lots of moneyback.

anyway , thats the least of your issues at present.

 

 

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

 

 

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]

.

LEGAL : CPR 31.14 Request when Claim is being made for a Current Account - Court Procedure and General Guidance (mainly England and Wales) - Consumer Action Group

.

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]

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

 

 

 

 

 

 

 

 

[tinkibell]

I have had nothing from Overdales re the SAR sent par an email saying please confirm the case number which was on the response email they sent.

Lowell's send a spreadsheet showing all of 3g and some amounts. Nothing from 3 either par an email back saying you don't have an account with us.  No response by mail or from the mail I sent with proof of postage. 

The defense is due tomorrow. I know I can't present a defense without this information, should I just say as much in my defense?

[AndyOrch]

No........Defence not due until Monday 22nd Aug by 16.00...have you not looked at examples of telecoms defence in the Legal Success Forum ?

 

Andy

 

 

.

[dx100uk]

opps you've given them an EMAIL ADDRESS. by sending the sar to overdales/lowell have you?

have you not been reading up upon how destructive that will be for you later on?

 

sar was to 3 was it not?

 

dx

 

 

 

[tinkibell]

I have looked at examples and am working on putting one together. 

 

No idea why I shouldn't have emailed them? 

 

Sent sar to 3 and crp letter to lowells and overdales. 

[dx100uk]

Did you use email to lowell or overdales?

[tinkibell]

Overdales.

[dx100uk]

opps

send them one more email

tell them email is not to be used for anything in relation to our mutual claim..

 

this is why you just shouldnt vanish for a month but  get reading up on claims here already so you know whats to come how to react and whats next etc. there are 100's of telecom or mobile claimform threads here already

 

giving an email to the fleecers gives them a method of filing stuff 1 min before a court deadline removing any way of you countering what could be lies and fake documentation.

 

 

[tinkibell]

Thank you appreciated. 

Unfortunately school holidays and working full time with no childcare is hindering me no end. No excuse, I know. I will get to reading. Again thank you. 

[dx100uk]

use our enhanced google searchbox

 

claimform mobile

or 

claimform telecom.

 

 

[tinkibell]

Overdales have sent back a letter. 

And included notice of assignment letters from Lowells for 3 and a notice to sell for 2.

I'm still waiting for anything from 3 Hutchinson UK. 

 

[AndyOrch]

Might be a good idea to scan redact and upload what they have sent.....handy for you having it all in your topic handy for us if you want help and advice with your defence.

 

 

Andy

[AndyOrch]

Name showing on every page.......upload hidden

[dx100uk]

doh!

 

dx

 

[tinkibell]

Try again, think I redacted this time. fingers crossed

Overdales response updated.pdf

 

I have also gone back over my bank statements but could only go bsack to 2015.

 

The xxxxx  £51.00 balance seems to relate to a dongle that was taken out in December 2014

 

(which is the start date on credit reference file - although the address is my old old one which I left in 2012,

 

so my best guess at this stage is it was a dongle that was taken out in 2010 that I forgot to cancel when I moved in 2012 but did once I had moved,

 

this would have been a 24 month contract,

 

I have checked and I paid 30 months for this and cancelled in store when I went to get an upgrade.

 

I can't work out from my bank statements the other two £73.44 and £95.01 but I have checked my bank statements

 

for each contract I have paid at least the 24 months that I was contacted to. 

 

I also know that in December 2015 I contacted 3 Hutchinson Ltd because I had had this kind of problem and told them to cancel each and every contract at the end of the 24 month contracts and to put the note on each of my contracts.

 

I am hoping they come through with the information and notes on the system with the SAR,

 

I remember because I was on the phone for nearly 3 hours trying to sort this kind of stuff out with them and eventually got no where

 

after being passed to everyone and their mother because they didn't understand the issues,

 

which was about an early upgrade offer they offered me in the store and then hadn't processed correctly. 

 

[AndyOrch]

Defence ready to file ?

[dx100uk]

On 19/08/2022 at 18:30, tinkibell said:

Try again, think I redacted this time. fingers crossed

whats the point in removing your name/address when you've left every account/ref number showing ?

you do realise lowell read the threads here and can use those to ID your case?

 

defence due by 4pm today.