County Court letter from Lowell

[StevenStacey]

Hi
I have received a court letter from Northampton / Lowell regarding an old account I had with Vodafone.
apparently Vodafone served me a default notice but no date is stated, I am currently getting divorced and have not lived at my old address for 2 years? this was then passed onto Lowell who supposedly contacted me in July 2014 at my old address?
I've enrolled and entered a defend plea on the Money Claim online,
what is my next step?
Not a clue how to go about this, any advice would be really appreciated
it just says Lowell Solicitors on the court form
Agreement took out with Vodafone 14/07/10
Default served 01/08/2013
updated by Lowell 27/08/14
I wasn't aware until they sent me a letter to my new address.

[nemesis45]

Re: County Court letter from Lowell

Good morning,
Could you please either type in or post up a copy
of the N1 claim form after removing, your name/address
and the claim number?

To which address was the claim pack sent?

nem

[StevenStacey]

Re: County Court letter from Lowell

Hi Nem

Claimant
Lowell Portfolio I ltd
Ellington House

Address for sending payment / documentation
Lowell Solicitors limited
PO Box1419

1,The defendant entered into an agreement with Vodafone under account ********* (the agreement)
2, The defendant failed to maintain the required payments and a default notice was served
3, The agreement was later assigned to the Claimant 31/07/14 and notice given to the defendant
4, Despite repeated requests for payment the sum of £486.06 remains due and outstanding and the claimant claims a) the said sum of £486.06 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, accruing at a daily rate of £0.107 but limited to a year being £38.88 c) Costs

[nemesis45]

Re: County Court letter from Lowell

Hi Nem

Claimant
Lowell Portfolio I ltd
Ellington House

Address for sending payment / documentation
Lowell Solicitors limited
PO Box1419

1,The defendant entered into an agreement with Vodafone under account ********* (the agreement)
2, The defendant failed to maintain the required payments and a default notice was served
3, The agreement was later assigned to the Claimant 31/07/14 and notice given to the defendant
4, Despite repeated requests for payment the sum of £486.06 remains due and outstanding and the claimant claims a) the said sum of £486.06 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, accruing at a daily rate of £0.107 but limited to a year being £38.88 c) Costs

Is Lowell Solicitors PO address in Leeds?

OK, A request to Lowell solicitors under CPR 31.14 (Civil Procedure Rule) (no fee) for the documents mentioned
in the Particulars of Claim i.e. A copy of the agreement, the default notice and the notice of assignment.
I suggest sending this by signed for post.

As mobile phone accounts are not regulated by CCA 1974 (Service Contracts) the normal request for a copy of
the agreement cannot be used.

I have a suggestion though:

FAO
Mr Andrew Bartle
COO The Lowell Group
Ellington House etc.

Date Ref: CC Claim No,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,: Lowell Portfolio 1.

Dear Mr Bartle,

I have received the above mentioned County Court Claim and I now require Lowell
to provide me with a Copy of the Service Contract/Agreement relating to the alleged
debt.

I am aware that this is not regulated by CCA 1974, never the less this is document that
Lowell/Lowell solicitors intends to rely on in court, refusal to provide this agreement will
be brought to the notice of the court.

Signed for post for this, check delivery date.

nem

[StevenStacey]

Re: County Court letter from Lowell

really appreciate your help on this
the address is Northampton for Lowell

[StevenStacey]

Re: County Court letter from Lowell

@nemesis45
Really appreciate your help on this
the address is Northampton for Lowell not Leeds
Do I need to send a copy to the court?
I take it recorded delivery for this?

Is Lowell Solicitors PO address in Leeds?

OK, A request to Lowell solicitors under CPR 31.14 (Civil Procedure Rule) (no fee) for the documents mentioned
in the Particulars of Claim i.e. A copy of the agreement, the default notice and the notice of assignment.
I suggest sending this by signed for post.



As mobile phone accounts are not regulated by CCA 1974 (Service Contracts) the normal request for a copy of
the agreement cannot be used.

I have a suggestion though:

FAO
Mr Andrew Bartle
COO The Lowell Group
Ellington House etc.

Date Ref: CC Claim No,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,: Lowell Portfolio 1.

Dear Mr Bartle,

I have received the above mentioned County Court Claim and I now require Lowell
to provide me with a Copy of the Service Contract/Agreement relating to the alleged
debt.

I am aware that this is not regulated by CCA 1974, never the less this is document that
Lowell/Lowell solicitors intends to rely on in court, refusal to provide this agreement will
be brought to the notice of the court.

Signed for post for this, check delivery date.

nem

[nemesis45]

Re: County Court letter from Lowell

@nemesis45
Really appreciate your help on this
the address is Northampton for Lowell not Leeds
Do I need to send a copy to the court?
I take it recorded delivery for this?

Ok I thought this might be the case Lowell Solicitors
is based in the Marlin Financial offices in Northampton
the PO box No. may be a problem with signed for post.
Still send signed for to the sols anyway and for the
letter to Bartle.
No need to send to the court, just keep copies for your
self as they will be needed if we get to the stage of making
a witness statement.

nem

[StevenStacey]

Re: County Court letter from Lowell

@nemesis45
Thank you I will post today to both locations and let you know if and when I get a response
Will I need to do anything regarding the money claim line as I put a defence plea in yesterday?
Once again cant thank you enough for speedy reply and advice

Ok I thought this might be the case Lowell Solicitors
is based in the Marlin Financial offices in Northampton
the PO box No. may be a problem with signed for post.
Still send signed for to the sols anyway and for the
letter to Bartle.
No need to send to the court, just keep copies for your
self as they will be needed if we get to the stage of making
a witness statement.

nem

[nemesis45]

Re: County Court letter from Lowell

@nemesis45
Thank you I will post today to both locations and let you know if and when I get a response
Will I need to do anything regarding the money claim line as I put a defence plea in yesterday?
Once again cant thank you enough for speedy reply and advice

Always happy to help!:santa_wink: nem

[StevenStacey]

Re: County Court letter from Lowell

[MENTION=55034]nemesis45[/MENTION]
Hi Had a reply from Lovell saying they have received my request and will contact myself once they have the documents requested.
What should I do regarding the court? do I need to let them know?

[nemesis45]

Re: County Court letter from Lowell

@nemesis45
Hi Had a reply from Lovell saying they have received my request and will contact myself once they have the documents requested.
What should I do regarding the court? do I need to let them know?

Ok, Steven,

You just a carry on with the court process, Lowell are fully aware that if the agreement is not supplied within 12 +2
working days timescale the debt is rendered unenforceable Until the agreement is supplied.

I suggest taking a look around some other threads on the forums to get an idea of the content and format of defences.
The court will not take any action on Lowell's " on hold " statement as it is " informal".

nem