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Thread: Claim form - Lowell Portfolio / Lowell solicitors.

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  1. #1
    captain sam's Avatar

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    Default Claim form - Lowell Portfolio / Lowell solicitors.

    Hello everyone, I was wondering whether I could engage some help / advice.

    A few years ago, T-Mobile started overcharging their clients on their telephone bills, there's been press releases about this. Admittedly, I don't know if my mother was included in the cohort of over charged. My mother had a contract with them @15£ a month. One month, T-Mobile randomly sent her a bill for ~200£.

    Basically, she is adamant she didn't make or use her phone to that value. We attempted to resolve the matter with T-Mobile by asking them to send an itemised bill, which they refused/ failed to send.

    Fast forward two years and multiple different agencies trying to collect the debt, lowell have sent a county court claim and I am just wondering what our options are. Shall we pay or fight this one?

    Any help appreciated. Claim form attached.
    Attached Images Attached Images
    Last edited by captain sam; 16th February 2017 at 11:24:AM.

  2. #2
    captain sam's Avatar

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    I figured it'd be relevant to mention - my mother acknowledges she owes some money ie the 15£ monthly line rental. However, not the amount being claimed.

    That in mind, do I submit full defense or partial debt?

  3. #3
    captain sam's Avatar

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    Any advice?

  4. #4
    captain sam's Avatar

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    Default Claim form - Lowell Portfolio / Lowell solicitors.

    I made a post in another section which doesn't appear to be attracting any replies...so I thought it might help if I posted here? Sorry if I end up irritating anyone!

    Hello everyone, I was wondering whether I could engage some help / advice.

    A few years ago, T-Mobile started overcharging their clients on their telephone bills, there's been press releases about this. Admittedly, I don't know if my mother was included in the cohort of over charged. My mother had a contract with them @15£ a month. One month, T-Mobile randomly sent her a bill for ~200£.

    Basically, she is adamant she didn't make or use her phone to that value. We attempted to resolve the matter with T-Mobile by asking them to send an itemised bill, which they refused/ failed to send.

    Fast forward two years and multiple different agencies trying to collect the debt, lowell have sent a county court claim and I am just wondering what our options are. Shall we pay or fight this one?

    I figured it'd be relevant to mention - my mother acknowledges she owes some money ie the 15£ monthly line rental. However, not the amount being claimed.

    That in mind, do I submit full defense or partial debt?

    Any help appreciated. Claim form attached.
    Attached Images Attached Images

  5. #5
    Kati's Avatar

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    tagging @Diana M @Amethyst xx

    to LB @cptsam ... :sorry: your 1st post was missed!!

    Here's a link to your first steps to go through while you're waiting for replies http://legalbeagles.info/forums/show...it-Court-Claim (although you won't need to send a CCA request as they don't cover phone contracts)

    K xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

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

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is [email protected]
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  6. #6
    Joanna C's Avatar

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    As the claim form is dated 13 February 2017 the acknowledgment of service is due to be filed before 4pm on 4 March 2017 and the defence befoe 4pm on 18 March 2017.

    I would suggest filing g the acknowledgment of service within the next few days to get it out of the way. If you indicate that you are disputing the full amount then that leaves your options open.

    On the other hand if you admit the amount you think you owe then the claimant may well accept that and ask for Judgment (CCJ) to be entered for that amount. However be aware that if you pay a CCJ more than a month after the judgment date, it stays on your credit history for six years


    Send a CPR 31.14 request to Llowells solicitors requesting a copy of any documents mentioned in the particulars of claim ie. agreement, assignment, termination notice - LB has a template you can use.

    I would think that they will probably accept a settlement offer because it costs them to proceed with the claim In which case a Tomlin order may be able to be agreed whereby the agreed sum is paid in monthly installments with no county court Judgment being entered against your Mum.
    I am a solicitor who specialises in consumer credit and my firm is Joanna Connolly Solicitors. A leading case of mine Carey v HSBC Bank plc [2009] EWHC 3417 (QB) (High Court) set the legal precedents for creditors compliance with section 77 & 78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email [email protected]. Our initial advice is always free.

    Any posts I make on Legal Beagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  7. #7
    captain sam's Avatar

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    Hello, thank you for responding, I very much appreciate it.

    I've submitted the acknowledgement so that gives me time to submit a further part admission later. Shall I send CPR 31.14 via post asking for a statement? As we are yet to receive one. However, t-mobile, to date have refused to provide us a breakdown.

    What shall I include as part admission 15£ only or include the court fees?

    Whilst filling out the CPR 31.14 I wasn't sure what to put here:

    Code:
    NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM - eg. IF THEY DON'T MENTION ' DEFAULT NOTICE' YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT - ask for the CONTRACT...IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!) 
    for EXAMPLE
    1. Agreement / Contract
    2. Default Notice 
    3. Assignment
    4. Formal Demand
    Also, do I need to include this section or fee?

    Code:
    For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, XX XXXX 201X.
    Last edited by captain sam; 18th February 2017 at 19:48:PM.

  8. #8
    captain sam's Avatar

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    Hi. Can anyone provide any guidance please? I'd like to get the paperwork submitted as soon as possible.

    Thanks.

  9. #9
    MIKE770's Avatar

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    slow down file the day before which will stop them producing any vital evidence to make your defence useless etc more haste = less speed learn from others mistakes

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    captain sam's Avatar

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    Thanks @MIKE770

    Right...Sounds pragmatic. Any ideas as to when I should submit the CPR then?

  11. #11
    MIKE770's Avatar

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    CPR 31.14 Request get it off post haste 1st class recorded = you were advise 18 th february to do so

  12. #12
    captain sam's Avatar

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    Hi @MIKE770. Yes I was advised to do so. However, I had the sections above that I was unsure of how to complete.

  13. #13
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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM - eg. IF THEY DON'T MENTION ' DEFAULT NOTICE' YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT - ask for the CONTRACT...IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!)for EXAMPLE
    NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM - eg. IF THEY DON'T MENTION ' DEFAULT NOTICE' YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT - ask for the CONTRACT...IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!)for EXAMPLE

  14. #14
    captain sam's Avatar

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    @MIKE770 thanks so much for your help. I assume that I should be asking for an agreement then (as per attached in OP).

    Do I need to ask for the assignment? They did mention it was later "assigned"

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    captain sam's Avatar

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    Really sorry for seeming dense. This is the first time I'm doing anything like this.

    In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

    Do I need to enclose a fee? Particularly considering "For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, XX XXXX 201X."

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    agreement their wording on the N1 form

    notice of assignment

  17. #17
    captain sam's Avatar

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    Sorry @milke770 seems to have been a cross over between your post and my double post...

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    no fee for CPR31.14 to solicitors

    CCA1974 request is a £1.00

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    captain sam's Avatar

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    Thank you so much. I will be sending this letter off tomorrow and keep the thread updated of any further movement.

    In the meantime, do I need to submit anything else on MCOL? I've submitted an acknowledgement but that's it.

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    MIKE770's Avatar

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    13th march your defence , send via MCOL the day before, peeps will advise you on here if you ask

    - - - Updated - - -

    First Steps have you read this?

  21. #21
    captain sam's Avatar

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    @MIKE770 admittedly, I had not seen the first steps. However, I have just given it a read over. Very helpful, thank you.

    So, 12th March, I will submit partial 15£ which was the monthly fee or full defense?

  22. #22
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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    Quote Originally Posted by cptsam View Post
    @MIKE770 admittedly, I had not seen the first steps. However, I have just given it a read over. Very helpful, thank you.

    So, 12th March, I will submit partial 15£ which was the monthly fee or full defense?
    b
    yes full defence Di will advise no doubt!

  23. #23
    captain sam's Avatar

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    And my defense would be what exactly? That when we requested an itemised bill T-Mobile refused to do so? @MIKE770

  24. #24
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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    Defence Example this would be adjusted to suit, you really need to look around the threads on this site and look at telecon etc threads to get the idea and adjust to fit your situation! you have the time to look around before submission

  25. #25
    captain sam's Avatar

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    Hello all

    I've had a reply from Lowell to my letter. I can't upload attachments so I have copy paste the CPR31.14 that I sent and uploaded the letters received to imgur

    Can anyone help me please? I'd really appreciate your time.

    Letters received
    http://imgur.com/a/TnThV

    CPR31.14

    Code:
    04/03/2017
    
    Lowell Solicitors LIMITED
    PO BOX 1419
    NORTHAMPTON
    NN2 1BU
    
    
    
    Dear Sirs,
    
    Claim Number: xyz
    
    Request for documents mentioned in a statement of case under CPR 31.14
    
    On 15/03/2017 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.
    
    To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 18 March 2017.
    
    
    1. Agreement
    2. Notice of Assignment
    
    
    In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
    
    You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective. 
    
    You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.
    
    If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.
    
    I look forward to hearing from you.
    
    Yours sincerely
    Last edited by captain sam; 10th March 2017 at 21:55:PM.

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