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Lowell soliciters Court Claim T-Mobile

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  • Lowell soliciters Court Claim T-Mobile

    I have just received a letter from Lowell solicitors for a T-Mobile account i don't even remember having.
    I have acknowledged the letter via the Mcol website but where do i go now.
    1) The defendant entered into an agreement with T-mobile under account ref: XXXXXXXXXXXXXX (agreement)
    2) the defendant failed to maintain the required payments and service was terminated
    3) the agreement was later assigned to the claimant on 28/05/2015 and notice given to defendant
    4) despite repeated requests the payment of £395.35 remains due and outstanding
    and the claimant claims:
    the said sum of £395.35
    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
    costs

    That's all the information i have. I have had mobile phones over the years but cant remeber a t-mobile one i have got a copy of my credit file but there is no t-mobile of telecoms default except a lowels one which suddenly popped up in march 2016
    Last edited by Kati; 18th September 2017, 09:17:AM.
    Tags: None

  • #2
    Re: Lowell soliciters Court Claim T-Mobile

    Hi and Welcome

    Now you have acknowledged service you need to get on with writing to the solicitor with a request for all the documents (Original Agreement, Default Notice, Notice of Assignment of the Debt to Lowell etc.) and start preparing your defence. If you have entered into an agreement with them, then they should be able to produce all of this.

    There's more information Here of what process to follow. Send a CCA Request and CPR request to the solicitors. Finally when you start to write your defence, there's examples of how to format it here.

    In terms of the credit file, look on Noodle (free credit report) in the closed accounts section of your credit report. The account for T-Mobile would likely be there as they would mark it settled once sold to Lowell.
    Last edited by jaguarsuk; 19th September 2017, 10:02:AM. Reason: Links Added
    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

    My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

    Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

    Comment


    • #3
      Re: Lowell soliciters Court Claim T-Mobile

      Remember in a cpr31.14 request you can only ask for documents mentioned in the particulars of claim so no default notice

      As it is a telecoms agreement it is unlikely that a cca request will be valid unless there was a separate credit agreement for the handset which is how I know O2 now operate

      Comment


      • #4
        Re: Lowell soliciters Court Claim T-Mobile

        Originally posted by warwick65 View Post
        Remember in a cpr31.14 request you can only ask for documents mentioned in the particulars of claim so no default notice

        As it is a telecoms agreement it is unlikely that a cca request will be valid unless there was a separate credit agreement for the handset which is how I know O2 now operate
        As gary says that he doesn't recognise the debt I'd say send the CCA request as it's not possible to know if there is or isn't a CCA because he doesn't remember taking it out. As warwick says don't be surprised if you get nothing back on that front.
        COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

        My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

        Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

        Comment


        • #5
          Re: Lowell soliciters Court Claim T-Mobile

          Hi guys thankyou for the information i have just sent off the Cpr31.14 as well as the CCA request i have also checked my noodle closed accounts credit score as well as experian and callcredit and none of these show a t-mobile account or telecomms account except the one i have been on for the last 2 years which is with 3 mobile

          Comment


          • #6
            Re: Lowell soliciters Court Claim T-Mobile

            Originally posted by gary2176 View Post
            Hi guys thankyou for the information i have just sent off the Cpr31.14 as well as the CCA request i have also checked my noodle closed accounts credit score as well as experian and callcredit and none of these show a t-mobile account or telecomms account except the one i have been on for the last 2 years which is with 3 mobile
            Good stuff, let us know what if anything comes back. Keep an eye on the dates as if they don't get back to you with the things you have requested you'll still need to file a defence.
            COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

            My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

            Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

            Comment


            • #7
              Re: Lowell soliciters Court Claim T-Mobile

              Just for info
              Dealines are
              Acknowledgment of service - 19 days from the date on the claim form
              Defence - 33 days from the date on the claim form by 4pm. If that is a weekend it is 4pm the next working day

              Comment


              • #8
                Re: Lowell soliciters Court Claim T-Mobile

                ok thats brilliant the letter is dated 8-september but i didnt get it till the 14th at which state i went on and acknoledged receipt of it so is it 33 days from the 8th or 14th?

                Comment


                • #9
                  Re: Lowell soliciters Court Claim T-Mobile

                  33 from the 8th which makes 11th Oct

                  Comment


                  • #10
                    Re: Lowell soliciters Court Claim T-Mobile

                    Ok thankyou couple of questions as this account doesnt show on any credit score i have except for the sudden appearance of the lowell one will this help my defence also how do i put in a defence when ever i try to go on the mcol website i login put in the claim and the pw and it says invalid every time so not sure how i can gain access if those details no longer work

                    Comment


                    • #11
                      Re: Lowell soliciters Court Claim T-Mobile

                      As you'll need to sign the defence this is posted to the court, unfortunately it not being on your credit file isn't the defence as if the account was closed over six years ago it could have slipped off the credit file.

                      Your defence if they don't come back with the documents in the CPR 31.14 request will be that you don't recognise the debt, you have asked the claimant to substantiate their claim and they haven't, that as such you dispute owing the debt and you want the claim struck out with costs being paid by the claimant.

                      You write it a certain way though, so cross that bridge when it comes. Let's see if they come up with anything first.
                      COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

                      My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

                      Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

                      Comment


                      • #12
                        Re: Lowell soliciters Court Claim T-Mobile

                        Hi Gary

                        When you signed up for MCOL you were given a 12 digit number and created a password- this is what you use to log in

                        Then when you go to the bottom of the page you will see your claim.

                        If you are still having problems you can give the helpline a call. 0300 123 1057

                        You do not have to post your defence to the court - it can be emailed but I can never remember the correct email

                        It might be this ccbcdefendants@hmcts.gsi.gov.uk

                        I emailed my acknowledgement of service to ccbcaq@hmcts.gsi.gov.uk

                        Hope that helps
                        @charitynjw are they correct?



                        If the claim came from Salford here are the contact details
                        https://www.moneyclaimsuk.co.uk/ccmcc.aspx

                        Comment


                        • #13
                          Re: Lowell soliciters Court Claim T-Mobile

                          [MENTION=98117]warwick65[/MENTION]

                          For MCOL I've always used ccbcaq@hmcts.gsi.gov.uk.
                          Never had any problems.
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