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  • GUIDES & LETTERS

    Shortcuts for Consumer Credit Court Claims.

    Check your dates || PRE-ACTION || First Steps || Acknowledge a Claim || Guides || Example Defence || CCA Request Letter || CPR 31.14 Request Letter || Set Aside Application || Subject Access Request Letter

    If you received a court claim and want to start a new thread in this forum please read THIS POST about your first steps and make a new thread in the forum

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    If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.

    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service
    Defend Claim - within 28 days from Service (IF you acknowledged in time)
    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.

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Claim form - Lowell Portfolio / Lowell solicitors.

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  • Claim form - Lowell Portfolio / Lowell solicitors.

    Hello everyone, I was wondering whether I could engage some help / advice.

    A few years ago, T-Mobile started overcharging their clients on their telephone bills, there's been press releases about this. Admittedly, I don't know if my mother was included in the cohort of over charged. My mother had a contract with them @15£ a month. One month, T-Mobile randomly sent her a bill for ~200£.

    Basically, she is adamant she didn't make or use her phone to that value. We attempted to resolve the matter with T-Mobile by asking them to send an itemised bill, which they refused/ failed to send.

    Fast forward two years and multiple different agencies trying to collect the debt, lowell have sent a county court claim and I am just wondering what our options are. Shall we pay or fight this one?

    Any help appreciated. Claim form attached.
    Attached Files
    Last edited by captain sam; 16th February 2017, 11:24:AM.
    Tags: None

  • #2
    Re: Claim form - Lowell Portfolio / Lowell solicitors.

    I figured it'd be relevant to mention - my mother acknowledges she owes some money ie the 15£ monthly line rental. However, not the amount being claimed.

    That in mind, do I submit full defense or partial debt?

    Comment


    • #3
      Re: Claim form - Lowell Portfolio / Lowell solicitors.

      Any advice?

      Comment


      • #4
        Claim form - Lowell Portfolio / Lowell solicitors.

        I made a post in another section which doesn't appear to be attracting any replies...so I thought it might help if I posted here? Sorry if I end up irritating anyone!

        Hello everyone, I was wondering whether I could engage some help / advice.

        A few years ago, T-Mobile started overcharging their clients on their telephone bills, there's been press releases about this. Admittedly, I don't know if my mother was included in the cohort of over charged. My mother had a contract with them @15£ a month. One month, T-Mobile randomly sent her a bill for ~200£.

        Basically, she is adamant she didn't make or use her phone to that value. We attempted to resolve the matter with T-Mobile by asking them to send an itemised bill, which they refused/ failed to send.

        Fast forward two years and multiple different agencies trying to collect the debt, lowell have sent a county court claim and I am just wondering what our options are. Shall we pay or fight this one?

        I figured it'd be relevant to mention - my mother acknowledges she owes some money ie the 15£ monthly line rental. However, not the amount being claimed.

        That in mind, do I submit full defense or partial debt?

        Any help appreciated. Claim form attached.
        Attached Files

        Comment


        • #5
          Re: Claim form - Lowell Portfolio / Lowell solicitors.

          tagging [MENTION=87380]Diana M[/MENTION] [MENTION=6]Amethyst[/MENTION] xx

          to LB [MENTION=98025]cptsam[/MENTION] ... :sorry: your 1st post was missed!!

          Here's a link to your first steps to go through while you're waiting for replies http://legalbeagles.info/forums/show...it-Court-Claim (although you won't need to send a CCA request as they don't cover phone contracts)

          K xx
          Debt is like any other trap, easy enough to get into, but hard enough to get out of.

          It doesn't matter where your journey begins, so long as you begin it...

          recte agens confido

          ~~~~~

          Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

          I can be emailed if you need my help loading pictures/documents to your thread. My email address is kati@legalbeagles.info
          But please include a link to your thread so I know who you are.

          Specialist advice can be sought via our sister site JustBeagle

          Comment


          • #6
            Re: Claim form - Lowell Portfolio / Lowell solicitors.

            As the claim form is dated 13 February 2017 the acknowledgment of service is due to be filed before 4pm on 4 March 2017 and the defence befoe 4pm on 18 March 2017.

            I would suggest filing g the acknowledgment of service within the next few days to get it out of the way. If you indicate that you are disputing the full amount then that leaves your options open.

            On the other hand if you admit the amount you think you owe then the claimant may well accept that and ask for Judgment (CCJ) to be entered for that amount. However be aware that if you pay a CCJ more than a month after the judgment date, it stays on your credit history for six years


            Send a CPR 31.14 request to Llowells solicitors requesting a copy of any documents mentioned in the particulars of claim ie. agreement, assignment, termination notice - LB has a template you can use.

            I would think that they will probably accept a settlement offer because it costs them to proceed with the claim In which case a Tomlin order may be able to be agreed whereby the agreed sum is paid in monthly installments with no county court Judgment being entered against your Mum.
            I am a solicitor who specialises in consumer credit and my firm is Joanna Connolly Solicitors. A leading case of mine Carey v HSBC Bank plc [2009] EWHC 3417 (QB) (High Court) set the legal precedents for creditors compliance with section 77 & 78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court.

            This forumís site rules donít allow me to give advice by PM but if you need to contact me please email jo@joannaconnollysolicitors.co.uk. Our initial advice is always free.

            Any posts I make on Legal Beagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

            Comment


            • #7
              Re: Claim form - Lowell Portfolio / Lowell solicitors.

              Hello, thank you for responding, I very much appreciate it.

              I've submitted the acknowledgement so that gives me time to submit a further part admission later. Shall I send CPR 31.14 via post asking for a statement? As we are yet to receive one. However, t-mobile, to date have refused to provide us a breakdown.

              What shall I include as part admission 15£ only or include the court fees?

              Whilst filling out the CPR 31.14 I wasn't sure what to put here:

              Code:
              NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM - eg. IF THEY DON'T MENTION ' DEFAULT NOTICE' YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT - ask for the CONTRACT...IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!) 
              for EXAMPLE
              1. Agreement / Contract
              2. Default Notice 
              3. Assignment
              4. Formal Demand
              Also, do I need to include this section or fee?

              Code:
              For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, XX XXXX 201X.
              Last edited by captain sam; 18th February 2017, 19:48:PM.

              Comment


              • #8
                Re: Claim form - Lowell Portfolio / Lowell solicitors.

                Hi. Can anyone provide any guidance please? I'd like to get the paperwork submitted as soon as possible.

                Thanks.

                Comment


                • #9
                  Re: Claim form - Lowell Portfolio / Lowell solicitors.

                  slow down file the day before which will stop them producing any vital evidence to make your defence useless etc more haste = less speed learn from others mistakes

                  Comment


                  • #10
                    Re: Claim form - Lowell Portfolio / Lowell solicitors.

                    Thanks [MENTION=3599]MIKE770[/MENTION]

                    Right...Sounds pragmatic. Any ideas as to when I should submit the CPR then?

                    Comment


                    • #11
                      Re: Claim form - Lowell Portfolio / Lowell solicitors.

                      CPR 31.14 Request get it off post haste 1st class recorded = you were advise 18 th february to do so

                      Comment


                      • #12
                        Re: Claim form - Lowell Portfolio / Lowell solicitors.

                        Hi [MENTION=3599]MIKE770[/MENTION]. Yes I was advised to do so. However, I had the sections above that I was unsure of how to complete.

                        Comment


                        • #13
                          Re: Claim form - Lowell Portfolio / Lowell solicitors.

                          NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM - eg. IF THEY DON'T MENTION ' DEFAULT NOTICE' YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT - ask for the CONTRACT...IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!)for EXAMPLE
                          NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM - eg. IF THEY DON'T MENTION ' DEFAULT NOTICE' YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT - ask for the CONTRACT...IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!)for EXAMPLE

                          Comment


                          • #14
                            Re: Claim form - Lowell Portfolio / Lowell solicitors.

                            @MIKE770 thanks so much for your help. I assume that I should be asking for an agreement then (as per attached in OP).

                            Do I need to ask for the assignment? They did mention it was later "assigned"

                            Comment


                            • #15
                              Re: Claim form - Lowell Portfolio / Lowell solicitors.

                              Really sorry for seeming dense. This is the first time I'm doing anything like this.

                              In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

                              Do I need to enclose a fee? Particularly considering "For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, XX XXXX 201X."

                              Comment

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