Re: Claim form - Lowell Portfolio / Lowell solicitors.
####
Originally posted by cptsam
View Post
I haven't been able to calculate it. I don't know what the remainder balance would be for her contract, how long the contract was for, start or end dates etc. Admittedly, I'm finding it really difficult to get to a figure of what that should be and my mother is getting extremely stressed with receiving all these correspondences.
I must make point we have no qualms with paying money owed, but they are yet to prove / itemise what those are or were. It's just difficult to try and portray this without compromising my mother's position.
I was thinking maybe try a cheeky 'Without prejudice save as to costs' full & final offer in return for them discontinuing the claim.
But don't admit or acknowledge the claim. 'Alleged' is a good word.
Sounds like most prudent to state in my defence it was not supplied? I'm happy to be guided by you guys as to what my defence should or would best be.
They appear to indicate in their first paragraph that the agreement is not covered by CCA therefore they do not need to provide it. However, it's to be noted that I did not make a CCA request, but a CPR31.14. Am I entitled to be served a copy under CPR?
Many of these debt purchase companies state that mobile phone agreements are not regulated by the CCA.
That's not entirely correct.
For instance, T-Mobile has (or had) something called the Equipment Installation Plan, which seems to be a form of split-tariff agreement.
Certainly several of the providers have offered CCA-regulated agreements.
Without sight of your agreement, how can Lowells state that it is not regulated? (& if they had a copy, why would they not send a copy to you?).
They mentioned a default notice but we never received one. What can we do about that? Is it a point to raise?
I must make point we have no qualms with paying money owed, but they are yet to prove / itemise what those are or were. It's just difficult to try and portray this without compromising my mother's position.
I was thinking maybe try a cheeky 'Without prejudice save as to costs' full & final offer in return for them discontinuing the claim.
But don't admit or acknowledge the claim. 'Alleged' is a good word.
Sounds like most prudent to state in my defence it was not supplied? I'm happy to be guided by you guys as to what my defence should or would best be.
They appear to indicate in their first paragraph that the agreement is not covered by CCA therefore they do not need to provide it. However, it's to be noted that I did not make a CCA request, but a CPR31.14. Am I entitled to be served a copy under CPR?
Many of these debt purchase companies state that mobile phone agreements are not regulated by the CCA.
That's not entirely correct.
For instance, T-Mobile has (or had) something called the Equipment Installation Plan, which seems to be a form of split-tariff agreement.
Certainly several of the providers have offered CCA-regulated agreements.
Without sight of your agreement, how can Lowells state that it is not regulated? (& if they had a copy, why would they not send a copy to you?).
They mentioned a default notice but we never received one. What can we do about that? Is it a point to raise?
Comment