Lowell Portfolio I Ltd V. GarlickFiend

[GarlickFiend]

Hi all,

Could anyone give me a bit of direction on what I need to do? Any and all help much appreciated!

I received the following in the post:

Lowell Portfolio I Ltd V. GarlickFiend

Date of issue of claim:
09.02.18

Date of service:
14.02.18

Response required by:
Wednesday 28.02.18 @4pm

Particulars of Claim

1. The defendant entered into an agreement with Orange under account reference xxxxxxxx (‘the Agreement’).
2. The Defendant failed to maintain the required payments and the service was terminated.
3. The Agreement was later assigned to the Claimant on 27/08/2014 and notice given to the Defendant.
4. Despite repeated requests for payment, the sum of £611.02 remains due and outstanding.

And the Claimant claims

1. The said sum of £611.02
2. Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.1354, but limited to one year, being £48.88
3. Costs

[Amethyst]

Hiya xx

Any idea when you defaulted on this - does it still show on your credit file ?

Other than that have a read of the first steps and get the claim acknowledged, and requests for info sent off...
First Steps
Check your dates
Acknowledge a Claim
CCA Request Letter
CPR 31.14 Request Letter

plus Subject Access Request Letter ( to orange (EE?)

[GarlickFiend]

Hi Amethyst,

Thanks for your reply.

I have just acknowledged the claim via moneyclaimonline.

My date I now need to respond by is the 14th March 2018.

I will print and send off CCA and CPR letters.

I have looked at my credit file, and there is nothing from Orange or EE on there. According to my file:

The Lender is Lowell
Account start date: 21.06.2012
Date of Default: 12.01.2014

Should I still do a Subject Access Request to Orange/ EE, or wait and see what I receive back from Lowell - the claimant is Lowell Portfolio I Ltd, and the solicitors are Lowell Solicitors Limited, so I think that the debt seems to rest entirely with them.

[Amethyst]

Excellent start Yes it will be Lowell's 'debt' now, but if there were any issues you had with Orange before defaulting which could assist with your defence it is worth getting in early direct to the original creditor ( Orange ) to try obtain evidence of that - complaints over charges/disputes over contracts - even just transaction lists and terms of contract ( as Lowells just wont provide it). Do you know if there was a handset/device on credit terms with the agreement ?

[GarlickFiend]

OK cool thank you. I can't remember if there were any issues with Orange, I imagine that there would have been a handset, but I very much doubt that I have any evidence of this stuff from 6+ years ago.

I've just sent off CCA and CPR letters this afternoon, so it'll be interesting to see what they come back with.

Thanks for your help!

[GarlickFiend]

So I received the following from Lowells Solicitors on Friday... What would be my next step?

Dear Mr GarlickFiend,

Account information
Our client: Lowell Portfolio I Limited
Lowell Reference Number: XXXXXXXXX
Claim Number: XXXXXXXX
Original Company Name: Orange
Original Account Number: XXXXXXXX
Current Balance: £800.00

We refer to your letter dated 15 February 2018 enclosed with Postal Order of £1.00.

As this is a former telecommunications matter it is not regulated by the Consumer Credit Act 1974, the original creditor is therefore not required to retain a copy of the agreement. Subsequently, we are unable to request a copy of this document. We confirm however, that we have requested statements from Orange and when a response is received we shall contact you.

A Claim form has been issued to you on 9 February 2018 and we not that you have filed the Acknowledgement of Service. This allows you until 14 March 2018 to respond to the Claim form. Should you fail to respond within this timeframe, this may result in a County Court Judgement (CCJ) in Default being entered against you with the terms set out by the Court.

If you wish to speak to a member of our team, please telephone us on the above number between 8:00am and 8:00pm Monday to Friday or between 8:00am and 2:00pm Saturday.

Yours sincerely,

Lowells Solicitors Limited

[GarlickFiend]

Hi, could anybody help with this please? I've got just over a week to respond to the courts.

[GarlickFiend]

Bump! Can anybody help please?

[Amethyst]

Example Defence

for you to adapt to suit the case - adapt the CCA section to include their response - have you managed to find out any more as to whether there was a handset credit agreement ? They still need to provide default notice, notice of assignment, and those statement... and the terms of the contract really in case there is a dispute over the amount that shows on the statements.

[GarlickFiend]

Hi, thanks for replying Amethyst :-)

I don't really understand what you mean by include their response - are they correct in that the CCA doesn't apply to them due it being a telecommunications matter? Would I just state that they don't feel it applies th them?
They haven't sent a handset credit agreement, just the response as above. I'll try and adapt the example defence and post here if that's ok?

[Amethyst]

The CCA request doesn't apply as its a service contract rather than credit - relevant to the airtime/data side of things. The handset, if that was bought from the company and paid monthly would fall under the CCA. As you don't know and they haven't evidence anything I'd leave in the CCA and just say what they responded with. Post up a draft ( without personal info) and will give you a hand xxx

[GarlickFiend]

In the Northampton County Court Business Centre
Claim No: [XXXXX]

Lowell Portfolio I Ltd
Claimant
And

GarlickFiend

Defendant




DEFENCE

1. I received the claim [Claim Number] from the [Name of Court – often Northampton or Salford] County Court on 13^th February 2018
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. This claim appears to be for a [Credit Card / Loan / Catalogue Account] agreement regulated under the Consumer Credit Act 1974.
4. It is denied that the Defendant has entered into an agreement with Orange for provision of credit.
5. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
6. The Claimant’s Particulars of Claim fail to state when the agreement was entered into.
7. The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years
8. The Claimants statement of case states that the account was assigned from Orange to Lowell Portfolio I Ltd on27th August 2014. The Defendant does not recall receiving notice of this assignment.
9. It is denied that Orange served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
10. On the 15^th February 2018 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Lowell’s Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
11. Lowell’s Solicitors has not sent any of these documents to me.
12. On the 15^th February 2018 I sent a formal request for a copy of the original agreement to Lowell Portfolio I Ltd pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.
13. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.
14. The Claimant has replied with the following:
15. Account information
    Our client: Lowell Portfolio I Limited
    Lowell Reference Number: XXXXXXXXX
    Claim Number: XXXXXXXX
    Original Company Name: Orange
    Original Account Number: XXXXXXXX
    Current Balance: £800.00
    
    We refer to your letter dated 15 February 2018 enclosed with Postal Order of £1.00.
    
    As this is a former telecommunications matter it is not regulated by the Consumer Credit Act 1974, the original creditor is therefore not required to retain a copy of the agreement. Subsequently, we are unable to request a copy of this document. We confirm however, that we have requested statements from Orange and when a response is received we shall contact you.
    
    A Claim form has been issued to you on 9 February 2018 and we note that you have filed the Acknowledgement of Service. This allows you until 14 March 2018 to respond to the Claim form. Should you fail to respond within this timeframe, this may result in a County Court Judgement (CCJ) in Default being entered against you with the terms set out by the Court.
    
    If you wish to speak to a member of our team, please telephone us on the above number between 8:00am and 8:00pm Monday to Friday or between 8:00am and 2:00pm Saturday.
    
    Yours sincerely,
    
    Lowells Solicitors Limited
16. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
17. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
18. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
19. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
Signed ________________________________
Dated ________________________________

[GarlickFiend]

Does that look ok @Amethyst; ? I think there's a couple of bits to amend but I'm hoping it's a good starter! I have to respond to the court by tomorrow :-)

[GarlickFiend]

Bump! Can anybody help please? I need to respond to the court today. Any and all help appreciated! Thanks!

[GarlickFiend]

Is there anyone that could help today please? I need to respond to the Court by 4pm! Much appreciated if you can help. Thank you :-)