• Welcome to the LegalBeagles Consumer and Legal Forum. Please register to get the most out of the forum. Registration is free and only needs a username and email address.

Announcement

Collapse

Court Claim Help

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.



PLEASE DO NOT SEND THINGS WITHOUT READING THEM FIRST. IF YOU DO NOT UNDERSTAND SOMETHING - ASK !! - We LIKE QUESTIONS !!!



We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
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.
See more
See less

Lowell/O2/county court business centre claim

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Lowell/O2/county court business centre claim

    Hey,
    I've spent roughly 6 hours tonight looking through as many threads as possible to try and collate the correct information before proceeding.

    Today we received a county court claim form from Lowell for my partner regarding an O2 account.
    The county court business centre in Northampton is the addressed court - which is problematic for us to be able to attend any hearings etc as we are from North Yorkshire.

    The particulars of the claim are as follows:
    1) the defendant entered into an agreement with O2 (uk) ltd under account reference XXXXXXXXXX ('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 31/01/2013 and notice given to the defendant.
    4. Despite repeated requests for payment, the sum of 525.62 remains due and outstanding.
    And the claimant claims
    A) the said sum of 525.62
    B) 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, accusing at a daily rate of 0.115, but limited to one year, being 42.05
    C) costs


    Now there's a few issues I have personally with this as we can NOT be certain this account became statute barred or whether within the next 6 months it will become statute barred.
    We've also received no correspondence barring a previous later stating intent to claim against my partner with the courts - we received that last week and now this which we received today.

    From what I've gathered of reading around I need to submit a CPR 18 & CCA to the solicitors and a CCA to Lowell directly (to which I understand I need to specifically state that the 1 payable fee must not be used for anything other than its intended purpose - to prevent them from using the 1 to submit a payment against the account (surely they're playing with Fire doing that?

    I need to login to the online account to submit my intent to defend the claim also which shall be done asap.
    But I really just need some guidance, I understand why I'm doing what I'm doing but these guys just never seem to leave up. They're chasing me for an alleged debt that never even was a debt regarding an Avon selling account which I closed in the March of 2010 with verbal confirmation. Should I receive any correspondence I know a statute barred reply would suffice but this account issue is something else for us. We don't believe we owe the money as if he did, I would also owe money for the exact same reasons to the exact same company, which is not the case nor has it ever been.

    Some help and guidance would be adored.
    Please could someone provide me up to date appropriate templates for all letters I need to be sending out? Please and thank you.
    Tags: None

  • #2
    Re: Lowell/O2/county court business centre claim

    Please could someone reply? X

    Comment


    • #3
      Re: Lowell/O2/county court business centre claim

      tagging [MENTION=87380]Diana M[/MENTION] [MENTION=5553]charitynjw[/MENTION] 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


      • #4
        Re: Lowell/O2/county court business centre claim

        a CCA request won't apply here as this is a mobile contract ... but yes, you need to send a CPR (you can ask for the AGREEMENT and the NOTICE OF ASSIGNMENT as per the particulars of claim )

        The fact this claim has been sent from Northampton is not problematic at all ... it would get transferred to your local court before a hearing
        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


        • #5
          Re: Lowell/O2/county court business centre claim

          It would also be wise to send a SAR to Telefonica (O2) for all data held.
          http://legalbeagles.info/forums/show...quest-template
          CAVEAT LECTOR

          This is only my opinion - "
          Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb

          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.

          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment


          • #6
            Re: Lowell/O2/county court business centre claim

            Thank you.
            SAR can take upto 40 days can't it?

            I'll only have 28 days max to file all this for my OH. Will I need to change anything within the CPR18 and should I be sending anything else?
            Do I need to send a postal order to them still also? Many thanks.

            Comment


            • #7
              Re: Lowell/O2/county court business centre claim

              The SAR is more for your own info, so that you can see exactly what is on record with the original creditor & to compare that with any evidence that Lowell might produce.
              It does not necessarily form part of your defence.
              The time interval between filing a defence & any prospective hearing date is typically many months, so it probably won't matter too much not receiving it by the due date for your defence.
              It does usually cost 10, but could prove invaluable.
              CAVEAT LECTOR

              This is only my opinion - "
              Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb

              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.

              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment


              • #8
                Re: Lowell/O2/county court business centre claim

                Hi there.

                really struggling to find my own post half of the time.

                So I went ahead and sent a CCA request anyway as I had it written down on my notepad from posts R0B(?) has helped on within the last few months and many people mention that a mobile phone contract DOES run under some cover by the CCA.

                i did receive a letter back stating a CCA doesn't apply here bla bla and they claimed to have sent the postal order back, however they absolutely did not.

                i sent a CCA request (without the fee, purely as a copy to which I noted the reasoning within the letter) AND a cpr18 to the solicitors, however they have not responded with anything I could use as a defence. The letters are poor, I'm feeling hopeful on th discontinuance grounds here as they're not playing ball and each letter finished with them trying to scaremonger and push for a payment plan to be set up. If someone could let me know the email address to send photos too I'll happily do so, so that these letters can be seen by someone who knows a lot more than me.

                my main issue is the little information they have means I cannot file a proper defence other than to request it to be struck out due to insuffiencent information supplied.
                i am sorry to ask, I'm usually fine under pressure but as I'm filing this paperwork for my partner whilst he works tirelessly I'm feeling the weight of it a little right now and trying to maintain organisation and professionalism within my paperwork really is hard when I'm rather angry about the whole situation.

                I just want to extend my gratitude for the help, support and continued help, support and advice. Thank you.

                Comment


                • #9
                  Re: Lowell/O2/county court business centre claim

                  Hi

                  I believe that you can check whether a postal order has been cashed. You would need the p.o. receipt (or a note of the reference no. of the p.o.) & the applicable form which you can get from a Post Office.

                  If you use this forum's example defence (tweaked to suit your case), as things stand your defence would largely centre around the Claimant's failure to disclose evidence.

                  http://legalbeagles.info/forums/show...t-Court-Claims
                  CAVEAT LECTOR

                  This is only my opinion - "
                  Opinions are made to be changed --or how is truth to be got at?" (Byron)

                  You and I do not see things as they are. We see things as we are.
                  Cohen, Herb

                  There is danger when a man throws his tongue into high gear before he
                  gets his brain a-going.
                  Phelps, C. C.

                  "They couldn't hit an elephant at this distance!"
                  The last words of John Sedgwick

                  Comment


                  • #10
                    Re: Lowell/O2/county court business centre claim

                    Originally posted by charitynjw View Post
                    Hi

                    I believe that you can check whether a postal order has been cashed. You would need the p.o. receipt (or a note of the reference no. of the p.o.) & the applicable form which you can get from a Post Office.

                    If you use this forum's example defence (tweaked to suit your case), as things stand your defence would largely centre around the Claimant's failure to disclose evidence.

                    http://legalbeagles.info/forums/show...t-Court-Claims


                    for unknown reasons today I've received further letters with information however the paperwork does not look professional at all.

                    Can someone please let me know where to email photos too so I can have these placed onto my post? Many thanks.

                    also is Rob still around too? I know he's dealt with similar cases often throughout the years 2013-2017 at the least and would appreciate if someone could tag him here also please, thank you in advance for all help. X

                    Comment


                    • #11
                      Re: Lowell/O2/county court business centre claim

                      There's also discrepancies in their paperwork which are baffling me if I'm honest.

                      in one letter (claimed to be from o2) it states they transferred the account to Lowell 31/01/13. However the letter is dated 11/01/14

                      Then Lowell wrote to say the had taken the account over on 11/01/14 also. Why would it take over a year?
                      i really don't like this kind of thing because it becomes increasingly hard without trying to play them at their own "let's put some numbers in there" game, to seriously get on with a good solid defence.

                      in the O2 letters it says and I quote "We closed an account you had with us on 22/05/12. But you still owe us 525.62."

                      Comment


                      • #12
                        Re: Lowell/O2/county court business centre claim

                        Originally posted by Hatch92 View Post
                        for unknown reasons today I've received further letters with information however the paperwork does not look professional at all.

                        Can someone please let me know where to email photos too so I can have these placed onto my post? Many thanks.

                        also is Rob still around too? I know he's dealt with similar cases often throughout the years 2013-2017 at the least and would appreciate if someone could tag him here also please, thank you in advance for all help. X
                        @Kati [MENTION=71570]R0b[/MENTION]

                        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.

                        Originally posted by Hatch92 View Post
                        There's also discrepancies in their paperwork which are baffling me if I'm honest.

                        in one letter (claimed to be from o2) it states they transferred the account to Lowell 31/01/13. However the letter is dated 11/01/14

                        Then Lowell wrote to say the had taken the account over on 11/01/14 also. Why would it take over a year?
                        i really don't like this kind of thing because it becomes increasingly hard without trying to play them at their own "let's put some numbers in there" game, to seriously get on with a good solid defence.

                        in the O2 letters it says and I quote "We closed an account you had with us on 22/05/12. But you still owe us 525.62."
                        Per the Law of Property Act 1925 s136, notification of the assignment can be effected 'under the hand of the assignor' (basically, by anyone with the assignor's consent or permission).
                        The fact that it appears to have taken a year or so doesn't really matter too much.
                        It would only really be an issue if they tried to enforce before the Notice was served.
                        CAVEAT LECTOR

                        This is only my opinion - "
                        Opinions are made to be changed --or how is truth to be got at?" (Byron)

                        You and I do not see things as they are. We see things as we are.
                        Cohen, Herb

                        There is danger when a man throws his tongue into high gear before he
                        gets his brain a-going.
                        Phelps, C. C.

                        "They couldn't hit an elephant at this distance!"
                        The last words of John Sedgwick

                        Comment


                        • #13
                          Re: Lowell/O2/county court business centre claim

                          Originally posted by charitynjw View Post
                          @Kati @R0b

                          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.



                          Per the Law of Property Act 1925 s136, notification of the assignment can be effected 'under the hand of the assignor' (basically, by anyone with the assignor's consent or permission).
                          The fact that it appears to have taken a year or so doesn't really matter too much.
                          It would only really be an issue if they tried to enforce before the Notice was served.

                          Thank you, I'll take photos of each letter in the order I received them and try to block out all details necessary too. Just getting very confused at the minute and I really don't want to stumble with my defence and this to backfire on us. X

                          Comment


                          • #14
                            Re: Lowell/O2/county court business centre claim

                            Email containing photos has been sent.
                            Many thanks in advance x

                            Comment


                            • #15
                              Re: Lowell/O2/county court business centre claim

                              ....
                              Attached Files
                              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

                              Loading...

                              upgrade to vip

                              Want exclusive access to forums, more privacy and a live chat box? Upgrade to become a bigger part of our community.

                              only £15/yr

                              Offers available. No subscription traps.

                              sign up now

                              Resolver is a free automated complaints system that can help with all kinds of consumer complaints - including missold PPI and Package Bank Accounts.

                              make a complaint
                              Working...
                              X