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

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  1. #26
    charitynjw's Avatar

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

    When arguing 'statute-barred', it is important to establish the trigger date for the cause of action. This is not necessarily the date of a last payment.
    As this is a mobile phone claim, they will probably be arguing that the trigger date is when the contract period expired.
    Hence the importance of checking the contract T&Cs.
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    Default Re: Court Claim - lowell portfolio / ee limited - 22-9-2017

    Quote Originally Posted by charitynjw View Post
    When arguing 'statute-barred', it is important to establish the trigger date for the cause of action. This is not necessarily the date of a last payment.
    As this is a mobile phone claim, they will probably be arguing that the trigger date is when the contract period expired.
    Hence the importance of checking the contract T&Cs.
    i see, all i can do is wait for the sar if it turns up in time, but at moment ime confident the contract was a 12month one taken out in 2009

  3. #28
    charitynjw's Avatar

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

    Any upgrades or anything which may have renewed it?
    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

  4. #29
    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
    Any upgrades or anything which may have renewed it?
    No wouldn't have been as it was cancelled when non payment.
    That's why bill so high they have charged the termination charge for rest of contract.

    My bank statements here go back to may 2011 and there is no payments.
    It was cancelled and last payment at least 2010 maybe 2009.

    How long does the sar request Have to send you information
    Was it 30 days

  5. #30
    charitynjw's Avatar

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

    At present a SAR can take up to 40 days.
    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

  6. #31
    Toby1979's Avatar

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

    Ok thanks a lot for help today.

    Is there any links to anything similar defence wise so I can see how you have to write it out etc... x

  7. #32
    Toby1979's Avatar

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

    Letter of ee / tmobile today I didn't put my old address on sar request so got to resend!!! So another up to 40 days!!!


    Anyone got any links to online defence examples ??
    Also do you go in to detail on your defence? Ie dates are wrong, last payment date is wrong etc.... or just say your defending on that it's stat barred ..

    Thanks xxxxxxxxx

  8. #33
    MIKE770's Avatar

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

    Quote Originally Posted by Toby1979 View Post
    Letter of ee / tmobile today I didn't put my old address on sar request so got to resend!!! So another up to 40 days!!!


    Anyone got any links to online defence examples ??
    Also do you go in to detail on your defence? Ie dates are wrong, last payment date is wrong etc.... or just say your defending on that it's stat barred ..

    Thanks xxxxxxxxx
    Example Defence look at top of thread here has these info

  9. #34
    charitynjw's Avatar

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

    There really is no panic in sending a defence just yet.
    It is best to wait until nearer the deadline. (If you send to the court by post, allow 2 days for delivery, but email or online is pretty instantaneous).
    You can post up your defence draft here for comment if you want.
    It doesn't need to be 'party of the first part'-type legalese.
    Plain & simple is fine.

    Basically, you deny everything that is in the particulars of claim unless it is expressly admitted in the defence.
    Then try to pick out the bits you disagree with & give a brief reason.
    Then add anything else which supports your defence (Stat barred, Claimant's failure to disclose asked-for docs, the mistakes they've made, etc etc)
    Add (taken from forum defence example template which @MIKE770 posted.....refer to that)
    On the [Date] I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to [Claimant’s Solicitor]. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment]......ie, whatever you asked for.
    [Claimant’s Solicitor] has not sent any of these documents to me.



    I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.
    or
    [The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.]


    Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

    I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

    In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

    It is denied that the Claimant is entitled to the relief as claimed or at all.

    Statement of Truth
    The Defendant believes that the facts stated in this Defence are true.

    Signed ________________________________
    Dated ________________________________
    Treat it as a work in progress!
    Last edited by charitynjw; 14th October 2017 at 00:13:AM.
    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

  10. #35
    Toby1979's Avatar

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

    Thank you very much will take a good look after work xxx

  11. #36
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    Default Re: Court Claim - lowell portfolio / ee limited - 22-9-2017

    Quote Originally Posted by charitynjw View Post
    There really is no panic in sending a defence just yet.
    It is best to wait until nearer the deadline. (If you send to the court by post, allow 2 days for delivery, but email or online is pretty instantaneous).
    You can post up your defence draft here for comment if you want.
    It doesn't need to be 'party of the first part'-type legalese.
    Plain & simple is fine.

    Basically, you deny everything that is in the particulars of claim unless it is expressly admitted in the defence.
    Then try to pick out the bits you disagree with & give a brief reason.
    Then add anything else which supports your defence (Stat barred, Claimant's failure to disclose asked-for docs, the mistakes they've made, etc etc)
    Add (taken from forum defence example template which @MIKE770 posted.....refer to that)


    Treat it as a work in progress!

    Thank you xxxx

  12. #37
    Toby1979's Avatar

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

    Evening everyone.

    Ime going to get my head down tomorrow and sort my defence out.

    I will be doing it online,

    1. How much detail should I go in to ? Ie. Say there is no £35 direct debit payment to ee on the date they Say! Should I leave it as that or add that there is a £10 bank card payment to ee for a pay as you go phone ?

    2. Should I say things like I have all my bank statements to prove there was no direct debit payments to the contract for the period they Say??

    3. To me it looks like they have details of a pay as you go phone I had years after this contract phone and there trying to use them dates! Especially with there claim of the £35 payment been on the actual day I paid a £10 pay as you go top up on my card to ee ?? Should I mention this allegation what I think or totally leave this out !!

    Thanks

    Just trying to get a idea of how much detail to go in to

  13. #38
    MIKE770's Avatar

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


  14. #39
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    Default Re: Court Claim - lowell portfolio / ee limited - 22-9-2017

    Thanks, is that ok to use the wording for the mobile phone contract this is for ?

  15. #40
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    Default Re: Court Claim - lowell portfolio / ee limited - 22-9-2017

    Hi, i have done up to number 11, but i am stuck on numbers 12 , 13 and 14 not sure what to edit out / leave in ?? s77 s78 etc....

    iam editing the eg from mike, also were should i mention there is no £35 payment ?

  16. #41
    charitynjw's Avatar

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

    The basic layout is ok but you'll need to tweak it a bit to suit your case.
    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

  17. #42
    Toby1979's Avatar

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

    Thanks, i have done yes, just stuck on paragraphs 12 / 13 / 14 do these comply to me ? not sure which ones to leave in or out ?


    1. On the 29/09/2017I sent a formal request for a copy of the original agreement to Lowell solicitors ltdpursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.
    2. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.


    - - - Updated - - -

    dont know what 77 78 mean

  18. #43
    Toby1979's Avatar

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

    Do i just leave the above 2 out for a mobile phone contract

  19. #44
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    Default Re: Court Claim - lowell portfolio / ee limited - 22-9-2017

    trying to find what they are on google, so it looks like i just leave the 2 paragrapghs above as they are ? failed to comply s77 and s78

  20. #45
    charitynjw's Avatar

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

    Was your agreement a regulated agreement via the Consumer Credit Act 1974?
    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. #46
    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
    Was your agreement a regulated agreement via the Consumer Credit Act 1974?
    sorry i dont know ? and have no paper work from the mobile contract. how would i find this out

  22. #47
    Toby1979's Avatar

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

    Looking at comment 15 by charity, would i be ok just leaving the above 2 paragraphs out of my response ?
    i think charity is saying they are saying in there last letter to me i sent them a ss77-79 and its no good for mobile phones.... but i didnt i sent them your cpr request from your link! if that makes sense

  23. #48
    charitynjw's Avatar

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

    Yep, it makes sense.

    Replace those 2 paragraphs with

    "In a letter dated [xxx], the Claimant claims that the agreement is not regulated via the Consumer Credit Act 1974.
    Due to the Claimant's failure to disclose requested documentation I am unable to verify this statement or to ascertain my legal position in this matter".
    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. #49
    Toby1979's Avatar

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

    Excellent thank you very much xxx

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