Court Claim - Lowell Portfolio 1 LTD / Everything Everywhere - 29-6-2015

[DSF2210]

Received a claim? Yes
Issue Date: 29-6-2015
Amount approx: £693.33
Claimant: Lowell Portfolio 1 LTD
Solicitor: BW Legal
Original Credit: Everything Everywhere

Particulars of Claim:
The claimants claim is for the sum of £693.33 being monies due from the Defendant to the Claimant under the Telecomunications agreement regulated by the Consumer Credit Act 1974 between the defendant and everything everywhere limited under the account reference xxxxxxxx and assigned to the claimant on 26/06/2014 notice of which has been given to the defendant. The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. The claim also includes statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8.00% per annum (a daily rate of 0.11 from the date of the assignment of the agreement to 26/06/2015 being an amount of 40.26

Stat Barred? No

Have sent: Acknowledged the Claim

Other Info:
Hi.

Was a bit worried what to do with this but a friend pointed me in the direction of the site as a potential source of help.

I have read the sticky and will send the CCA and CPR request suggested today. Wanted to start a thread as, tbh, I have no idea what I am doing here so any help would be much appreciated.

I have checked my noodle credit account, and this looks like it was an old contract. I remember at the time there was a dispute with the phone company about the bill, and following a difficult time (was splitting for ex and son) I did nothing with it, which I should have. Noodle shows the account defaulted closed to £160 so not sure where this amount has come from. The debt is 4.5 years old.

I have also moved house (received this the day I was moving, hence the delay in response), is it possible to change my address for correspondence?

Thanks for any help.

[DSF2210]

Re: Court Claim - Lowell Portfolio 1 LTD / Everything Everywhere - 29-6-2015

I have just read that mobile phone debt do not apply to CCA. Is there something different I can do in that case?

[FlamingParrot]

Re: Court Claim - Lowell Portfolio 1 LTD / Everything Everywhere - 29-6-2015

I have just read that mobile phone debt do not apply to CCA. Is there something different I can do in that case?

The CCA request does not apply because a mobile contract is a service contract not a credit agreement as such. You can still send the CPR request to BW Legal.

Sadly if it's been just 4 and a half years since your last payment it wouldn't be SBd yet.

You mentioned something about the amounts not corresponding to the amount claimed. Any idea how much you owe if anything?

[DSF2210]

Re: Court Claim - Lowell Portfolio 1 LTD / Everything Everywhere - 29-6-2015

Thanks for the reply.

Have just printed the CPR request and will send in the morning.

My credit report has the initial default as £176. So was quite surprised to see such a figure.

Yes, I realised from research this would have been much simpler if it was SB'd, however realise it needs to be 6 years from last payment, which it is not.

Is it unlikely I will be able to defend this then and therefore should I offer to pay? I don't really want a CCJ on my file and would have no chance of paying that amount in one go.

[FlamingParrot]

Re: Court Claim - Lowell Portfolio 1 LTD / Everything Everywhere - 29-6-2015

Thanks for the reply.

Have just printed the CPR request and will send in the morning.

My credit report has the initial default as £176. So was quite surprised to see such a figure.

Yes, I realised from research this would have been much simpler if it was SB'd, however realise it needs to be 6 years from last payment, which it is not.

Is it unlikely I will be able to defend this then and therefore should I offer to pay? I don't really want a CCJ on my file and would have no chance of paying that amount in one go.

Let's see what they respond with when you request the documents, many claims fall down simply because they can't supply any documentation.

If it came to the point when you really need to settle, you could do so via a Tomlin order which stays proceedings as long as you keep to the terms of the order (the agreed repayments). That way you can avoid a CCJ. :thumb:

[DSF2210]

Re: Court Claim - Lowell Portfolio 1 LTD / Everything Everywhere - 29-6-2015

Great, thanks.

Will post it out and see what happens. I will keep the thread updated with any response.

[DSF2210]

Re: Court Claim - Lowell Portfolio 1 LTD / Everything Everywhere - 29-6-2015

Hi All.

Whilst I have Royal Mail tracking signed for evidence it was delivered on the 16th July, I have received no response yet from BW legal. I am getting very close to my final defence date. Should I file a defence now to say I have not received the requested documents? Does it need to be written in a certain way?

[nemesis45]

Re: Court Claim - Lowell Portfolio 1 LTD / Everything Everywhere - 29-6-2015

Thanks for the reply.

Have just printed the CPR request and will send in the morning.

My credit report has the initial default as £176. So was quite surprised to see such a figure.

Yes, I realised from research this would have been much simpler if it was SB'd, however realise it needs to be 6 years from last payment, which it is not.

Is it unlikely I will be able to defend this then and therefore should I offer to pay? I don't really want a CCJ on my file and would have no chance of paying that amount in one go.

The default figure of £176 is the amount you would have had to pay to put the account back into normal status.
The final balance ( that's being claimed) is all the outstanding balance and probably includes a large " cancellation " charge".

You can of course pay if you feel that there is no reasonable prospect of defending the claim, one way to do this is by a Consent Order sometimes called a Tomlin Order. This is an agreement drawn up between the parties to a claim and sealed by the court, if the terms of the order are maintained a CCJ is not registered, but you must be aware that failure to maintain the agreed payment ill allow the claimant to apply for summary judgement.

You can negotiate the terms of an order via the HMCTS Small Claims Mediation Service ( best way imo) or with the claimant direct, the court fee for the order is added to the debt.

nem

[DSF2210]

Re: Court Claim - Lowell Portfolio 1 LTD / Everything Everywhere - 29-6-2015

Thanks Nem.

Would you suggest I filed a defence based on not receiving the CPR request back or should I go ahead with the Tomlin?

To make things difficult, the final day for defence is tommorow and I fly out on holiday tonight. Although I am bringing my laptop.

[nemesis45]

Re: Court Claim - Lowell Portfolio 1 LTD / Everything Everywhere - 29-6-2015

Thanks Nem.

Would you suggest I filed a defence based on not receiving the CPR request back or should I go ahead with the Tomlin?

To make things difficult, the final day for defence is tommorow and I fly out on holiday tonight. Although I am bringing my laptop.

Failure to comply with CPR 31.14 is not in my opinion a defence with a reasonable chance of success, you would need to attempt enforcing the request through the court expensive and unlikely to succeed.

If there is no underlying dispute over the amount claimed or a dispute in regard to the service provided then the consent order is the reasonable option.

nem

[DSF2210]

Re: Court Claim - Lowell Portfolio 1 LTD / Everything Everywhere - 29-6-2015

The default figure of £176 is the amount you would have had to pay to put the account back into normal status.
The final balance ( that's being claimed) is all the outstanding balance and probably includes a large " cancellation " charge".

You can of course pay if you feel that there is no reasonable prospect of defending the claim, one way to do this is by a Consent Order sometimes called a Tomlin Order. This is an agreement drawn up between the parties to a claim and sealed by the court, if the terms of the order are maintained a CCJ is not registered, but you must be aware that failure to maintain the agreed payment ill allow the claimant to apply for summary judgement.

You can negotiate the terms of an order via the HMCTS Small Claims Mediation Service ( best way imo) or with the claimant direct, the court fee for the order is added to the debt.

nem

Failure to comply with CPR 31.14 is not in my opinion a defence with a reasonable chance of success, you would need to attempt enforcing the request through the court expensive and unlikely to succeed.

If there is no underlying dispute over the amount claimed or a dispute in regard to the service provided then the consent order is the reasonable option.

nem

Ah ok, thanks.

How do I go about doing one? Sorry for the Q's, but I have no clue.. Is there a template maybe?

With the orders, are they harsh on the amount they will accept? My financial situation is far from great right now, can I negotiate it down and offer to pay say £30 a month?

[nemesis45]

Re: Court Claim - Lowell Portfolio 1 LTD / Everything Everywhere - 29-6-2015

Ah ok, thanks.

How do I go about doing one? Sorry for the Q's, but I have no clue.. Is there a template maybe?

With the orders, are they harsh on the amount they will accept? My financial situation is far from great right now, can I negotiate it down and offer to pay say £30 a month?

Which item Consent order or I and E statement?

nem

[jon1965]

Re: Court Claim - Lowell Portfolio 1 LTD / Everything Everywhere - 29-6-2015

One thing that might be worth looking at. Did you receive a default notice as per S87 cca , if so was it compliant, i.e was the amount correct, was the time scale correct . I know it may be clutching at straws a bit but it is worth exploring all possibilities

[nemesis45]

Re: Court Claim - Lowell Portfolio 1 LTD / Everything Everywhere - 29-6-2015

Just taken a read through everything there's is a point I the POC, it mentions
a "Telecommunications Agreement Regulated By CCA 1974" So Lowell is stating
that such an agreement exists and should have it to hand to prove its claim.

I think even at this stage is worth a£1 to request it from Lowell.
Also if this is a phone contract there is no requirement for a section 87
default notice but Lowell states that one was sent.

The only way a telephone contract can be regulated as far as I'm aware is IF a handset is
bought on credit together with the telephone service agreement. ( I have one myself).
I'm going to suggest that you write to Lowell along the following lines.

FAO Mr Andrew Bartle
COO the Lowell Group
Ellington House
9 Savannah Way
Leeds Valley Park
Leeds
LS10 I AH

Date.

Ref: County Court Claim No.....................................

Dear Mr Bartle,

I refer to the above mentioned Count Court Claim Issued by BW Legal on behalf of Lowell Portfolio 1 Ltd..

I have noted in the Particulars of Claim that it is stated that the alleged debt arises from a " Telecommunications Contract Regulated by the Consumer Credit Act 1974 therefore I enclose herewith the £1 statutory fee for a request made under sections 77-79 of The Consumer Credit Act 1974. for the agreement. Lowell Portfolio 1 has 12 + 2 working days to comply with this request.
A copy of this letter has been sent to BW Legal.

Use a cheque or PO for the fee endorsed for "statutory fee only".
I'm hoping this will throw Lowell for a while it has done before.

Meanwhile we can look at the terms you want in a Consent Order.

nem