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Thread: Court Claim - lowell portfolio / ee limited - 22-9-2017

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    Toby1979's Avatar

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    Default Court Claim - lowell portfolio / ee limited - 22-9-2017

    Received a claim? Yes
    Issue Date: 22-9-2017
    Amount approx: 758
    Claimant: lowell portfolio
    Solicitor: lowell solicitors
    Original Credit: ee limited

    Particulars of Claim:
    the defendant entered into agreement with ee formely t-mobile under account ref xxx

    2) defendant failed to maintain the required payments and srvice was terminated.

    3) the agreement was later assigned to the claiment on 30/09/14 and notice given to the defendant.

    4) despite repeated requests for payment the sum of 582.30 remains due.


    Stat Barred? Yes

    Have sent:

    Other Info:
    Had odd letter over years and ignored. can not even find any info on it my self as in way of dates because it was removed of my credit file around 2 years ago, so sure its well over 6 years a payment was made.

    Account was originaly in dispute over premium call backs that were charged on the phone and i refused to pay.

    can a mobile phone contract go stat barred ?

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    Toby1979's Avatar

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    Default Re: Court Claim - lowell portfolio / ee limited - 22-9-2017

    just to add ime on holiday from saturday, and this was issued 22nd sep so i will need to disagree with the claim or acknowledge it before i go away saturday morning ?

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    Toby1979's Avatar

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    Default Re: Court Claim - lowell portfolio / ee limited - 22-9-2017

    Can anyone see this lol?? not sure if i done it correct

    ime away saturday and need to acknowledge claim or disagree with claim ?
    not sure which one with it been stat barred ? its been over 7 years since payment so should i say i dont reconise the debt ?
    or tell them it stat barred

    Thanks!
    ps if i have done it wrong or in wrong section can some one let me know please

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    Amethyst's Avatar

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    Default Re: Court Claim - lowell portfolio / ee limited - 22-9-2017

    Hi Toby, Sorry looks like you're talking to yourself... sometimes posts just get missed - you've done it right and it's in the right place, so our fault xxx

    You need to Acknowledge the Claim ( intent to defend in full ) regardless of whether you actually go on to defence it or make an offer - it's not binding and simply allows your the full 28 days

    Sounds like it may be statute barred so you can defend on that basis but I'd also get them to provide all the relevant documents for you so you have a backup defence if you made any payments to like a DCA or something within the last 6 years.

    So send a CPR 31.14 Request Letter to the Claimant asking for the 'agreement' and the ' notice of assignment ' ( as they are both mentioned in the particulars of claim )

    You might also want to send a SAR to the original creditor (EE ) Subject Access Request Letter - not imperative but might assist later evidencing the contract and payments etc
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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    Default Re: Court Claim - lowell portfolio / ee limited - 22-9-2017

    HaHa thought i was lol!

    Right thanks all that will be done today.

    so before the 28 days is up i need to submit my defense is that right ? and is that just done online again ?

    just ime away till 8th october want to get organised for when i get back

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    Toby1979's Avatar

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    Default Re: Court Claim - lowell portfolio / ee limited - 22-9-2017

    1 more question sorry! so i take it because it stat barred it doesnt automatically mean they cant go through with the claim ?

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    Amethyst's Avatar

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    Default Re: Court Claim - lowell portfolio / ee limited - 22-9-2017

    Indeed, you have to defend stating it is statute barred and this puts the burden of proof onto the claimant to show it isn't ( so evidence a payment in the last 6 years etc)

    Yes you need to submit your defence within 33 days from the date of issue on the claim form There is an example defence here >> Example Defence
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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    Default Re: Court Claim - lowell portfolio / ee limited - 22-9-2017

    Thank you very much I understand now very helpful.

    When I get back should I just update on this thread and it goes back to top of list or make new thread ?

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    Toby1979's Avatar

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    Default Re: Court Claim - lowell portfolio / ee limited - 22-9-2017

    Hi, i have returned from holiday and have recieved no response yet to letters sent.

    acknowledged claim online 28/9/17

    sent cpr request to lowell solicitirs 29/9/17 was signed for special delvery on the following monday

    sent sar to ee on 29/9/17

    so what date do i have till to file a defense ?

    and is there any template / examples on the site as i have no clue were to start or what to put in it about it been stat barred

    Thank you very much

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    Amethyst's Avatar

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    Default Re: Court Claim - lowell portfolio / ee limited - 22-9-2017

    Claim issued on 22nd sept ? Roughly you have till 22nd Oct for defence ( do issue date plus 33 days here http://www.timeanddate.com/date/dateadd.html for absolute maximum timescales but be thereabouts)
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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    Toby1979's Avatar

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    Default Re: Court Claim - lowell portfolio / ee limited - 22-9-2017

    Thanks, should i hold on then bit longer see if i get any reply from cpr request

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    Amethyst's Avatar

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    Default Re: Court Claim - lowell portfolio / ee limited - 22-9-2017

    I would hang on another week at least xx
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

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    Default Re: Court Claim - lowell portfolio / ee limited - 22-9-2017

    Thank you x

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    Default Re: Court Claim - lowell portfolio / ee limited - 22-9-2017

    Hi. Just received a letter today confirming receipt of cpr
    But says it's not covered because it's a mobile Phone,
    And they won't be sending me anything.

    Then it states a few dates saying I only took the pho e contract out in 2012 and last payment was 2013 ? Last payment was years before this as far as I Am aware and one sure the original co tract was from around 2009. I will try contact my old bank for proof.

    Is it known for them to just make these dates up ??

    I'll add a copy of the letter when ime back home later

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    Default Re: Court Claim - lowell portfolio / ee limited - 22-9-2017

    Hi Toby

    If you sent a CPR 31 request per Amethyst's link (above), then they seem to be confusing it with a request via ss77-79 Consumer Credit Act 1974, which is an entirely different animal.
    If it were me I'd use this in the defence to show their ineptitude.
    But yes, post up the letter (obscure personal info).

    Is it known for them to just make these dates up ??
    They have been known to be 'creative', lol!

    Have you sent the SAR?
    CAVEAT LECTOR

    This is only my opinion - "
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    Default Re: Court Claim - lowell portfolio / ee limited - 22-9-2017

    Hi. Yes sent sar to ee at same time, not had any reply back yet.

    I'll check exactly what I sent when I get in o saved it on my

    Thank you for help x

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    Default Re: Court Claim - lowell portfolio / ee limited - 22-9-2017

    Quote Originally Posted by charitynjw View Post
    Hi Toby

    If you sent a CPR 31 request per Amethyst's link (above), then they seem to be confusing it with a request via ss77-79 Consumer Credit Act 1974, which is an entirely different animal.
    If it were me I'd use this in the defence to show their ineptitude.
    But yes, post up the letter (obscure personal info).


    They have been known to be 'creative', lol!

    Have you sent the SAR?
    Yes just checked i used the link above to send cpr request. so same as written on link

    - - - Updated - - -

    [IMG][/IMG]

    - - - Updated - - -

    It was from way before i moved in this house and i have been in this house 7 years, will my old bank confirm payments over telephone ?

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    Default Re: Court Claim - lowell portfolio / ee limited - 22-9-2017

    Re that letter, if the claim was issued 22nd September, the defence deadline is 25th October.
    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

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    Toby1979's Avatar

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    Default Re: Court Claim - lowell portfolio / ee limited - 22-9-2017

    I have just found all my bank statments from 2012 to 2016 !! no payment made on 17th may 2013

    just doing kids tea at same time lol ill try find last payment but ime sure its even further back than this

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    charitynjw's Avatar

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    Default Re: Court Claim - lowell portfolio / ee limited - 22-9-2017

    Can you remember the name of the contract which you had with T-mobile?
    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

  21. #21
    Toby1979's Avatar

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    Default Re: Court Claim - lowell portfolio / ee limited - 22-9-2017

    Quote Originally Posted by charitynjw View Post
    Can you remember the name of the contract which you had with T-mobile?
    no sorry

    But i have just found a £10 pay as you go top payment on the date they said i paid £35 to ee ?? the pay as you go phone was ee and i use to top up on my card when ringing them. it says card payment. the contract phone was only ever direct debit payments never "card payment"

    would they have this kind of information ? cant be a coincidence the dates match 17th may 2013

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    Toby1979's Avatar

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    Default Re: Court Claim - lowell portfolio / ee limited - 22-9-2017

    it looks like there trying to confuse it with a pay as you go phone !!! would they be able to get information like this to try and blag it ?

    gone back to 2012 and still just the odd £5 or £10 payasyou go top card payment,

    ill see if i can actually find older ones and find a actual direct debit for the contract,, but ime sure last payment was around 2010 or even 2009

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    charitynjw's Avatar

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    Default Re: Court Claim - lowell portfolio / ee limited - 22-9-2017

    They might try & blag to confuse you, but if you challenge the £35 payment, they must evidence exactly where it came from.
    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

  24. #24
    Toby1979's Avatar

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    Default Re: Court Claim - lowell portfolio / ee limited - 22-9-2017

    Quote Originally Posted by charitynjw View Post
    They might try & blag to confuse you, but if you challenge the £35 payment, they must evidence exactly where it came from.
    ok thanks well there is deffo no £35 payment, ime searching back through the months now and still not found last payment it might be to far back.

  25. #25
    Toby1979's Avatar

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    Default Re: Court Claim - lowell portfolio / ee limited - 22-9-2017

    I have till the 10th feb 2011 and still no payments to them!! the dates on that letter from today are deffo a pay as you go phone i bought years after this contract, they must be able to get this information of ee ?? or its a coincidence?

    either way no payments from me i have the statments here.

    so how do i file a defense online ? is there any templates / links info on here, i will start it sunday give my self time as i dont know were to start at the moment

    Thank you very much for any help

    - - - Updated - - -

    Last one for today! is it worth ringing the solicitors and letting them know i no its wrong dates and there was no payments ?

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