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** DISCONTINUED ** Lowell Claim Form Northampton Court *HELP*

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  • ** DISCONTINUED ** Lowell Claim Form Northampton Court *HELP*

    Hi,

    I received a claim form letter on the 27th April 2017 dated 26th April 2017 from NORTHAMPTON COUNTY COURT BUSINESS CENTRE. Looks like a photocopy and is signed in print (not handwriting)

    Claimant is: LOWELL PORTFOLIO I LTD

    Underneath It says 'address for sending documents and payments:"
    LOWELL SOLICITORS LIMITED

    Particulars of claim:

    1) The defendant entered into an agreement with Orange under account reference XXXXXXXXX ('the agreement').
    2) The Defendant failed to maintain the required payments and the services was terminated.
    3) The Agreement was later assigned to the Claimant on 27/08/2014 and notice given to the Defendant.
    4) Despite repeated requests for payment, the sum of £597.61 remains due and outstanding.
    And the Claimant claims
    a) The said sum of £597.61
    b) Interest pursuant to s69 per annum from the date of assignment to the date of issue, accuring at a daily rate of £0.131, but limited to one year, being £47.81
    c) Costs

    Signed: LOWELL SOLICITORS LIMITED

    Amount claimed: £645.42
    Court fee: £60.00
    Legal representative's costs: £70.00
    Total amount: £775.42

    Comes with a N9A response pack.

    I took out a mobile phone contract online with Orange (I think around 5 years ago). I was younger and stupid back then. Anyway I received the phone and used it, I didn't use the sim it came with it i just used the handset as an ipod as you might say. I lost my part time job and was over 25 days into my contract so I decided not to pay and just let it slip my mind.

    I have had letters from various debt companies before and thrown them away until this claim form came from the courts.

    So what I plan to do after reading many of the related threads on this forum is the following:

    1) Aknowledge the Claim

    2) Send CPR 18 off tomorrow recorded delivery

    3) Start typing up a defence

    4) Wait until around the 18th May 2017 (22 days after the issue date) for a typical reply from Lowell.

    5) Send my defence online or post saying Lowell haven'the complied with my requests etc

    And then what?

    My questions now are..

    Do I send the CPR to Lowell solicitors or the 'portfolio' address? And is the 'case number' on my CPR letter the 'Claim number' on the letter I received?

    I will post underneath my CPR 18, I will be sending it to them tomorrow. Does this look OK?

    Do I send a CCA also? I heard there is no point as they don'the have to prove a CCA if it's a mobile phone contract?

    I'm new to the forum and could do with some help, any at all?

    Thankyou in advance.

    - - - Updated - - -

    My address and theirs....

    Dear Sirs,

    Re: LOWELL SOLICITORS LIMITED v MYNAME Case No: XXXXXXXX

    CPR18 Request for further information.

    On the 27 April 2017, I received the Claim Form in this case issued by you out of the Northampton County Court.
    I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your entire claim.

    Please treat this letter as my request made under CPR18 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim and is made by way of Service upon You:

    1.The agreement/contract, including the specific Terms at the point the alleged Agreement was made and any subsequent changes. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the originals should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
    2.The deed of assignment
    3.The notice of assignment
    4.The default warning letter
    5.The default notice

    6. I deny any indebtedness to the Claimant but particularly deny they are due statutory interest on the alleged amount of £645.42 and as such I request full disclosure of the amount the Claimant alleges to have paid for this alleged debt.

    7. Also, your Particulars of Claim state the action is brought for Breach of Agreement, yet you have failed to identify the specific Statutory Instrument you have commenced proceedings under. Therefore, I would be request details of the Statutory Instrument under which you have brought proceedings.

    You should ensure compliance with your CPR 18 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Failure to produce each and every document referenced within the Particulars of Claim (detailed above) will result in an Application to the Court for an Order of Disclosure.

    Your CPR 18 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy.

    Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

    Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any versions to include an obligation to recover and preserve such versions, which are now in the possession of a third party.

    I request under Civil Procedure Rule 39A (3.3) any documents upon which the claimant intends to rely are brought to any subsequent hearing for examination

    If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

    If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

    Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

    Yours faithfully

    Signed.....
    Dated......


    Could you tell me if this all looks OK before I send I off please?

    Thankyou
    Last edited by Kati; 30th April 2017, 10:05:AM.
    Tags: None

  • #2
    Re: Lowell Claim Form Northampton Court *HELP*

    CCAs and Default Notices don't apply for mobile phone debts.

    Comment


    • #3
      Re: Lowell Claim Form Northampton Court *HELP*

      Can anyone answer my questions and is the CPR 18 good to send? Thanks

      Comment


      • #4
        Re: Lowell Claim Form Northampton Court *HELP*

        tagging [MENTION=87380]Diana M[/MENTION] ... can you have a look at this please??
        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...

        recte agens confido

        ~~~~~

        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 Kati@legalbeagles.info
        But please include a link to your thread so I know who you are.

        Specialist advice can be sought via our sister site JustBeagle

        Comment


        • #5
          Re: Lowell Claim Form Northampton Court *HELP*

          Thankyou so much! I have gathered all my information from threads already on here. But I have the following questions still...

          Do I send the CPR to Lowell solicitors or the 'portfolio' address? And is the 'case number' on my CPR letter the 'Claim number' on the letter I received?

          Is my plan of action correct?

          Is the CPR 18 good enough to use in my circumstances?

          I hope to have the CPR in the post very shortly before time starts running out so any info will be a great help.

          Thankyou

          Comment


          • #6
            Re: Lowell Claim Form Northampton Court *HELP*

            Originally posted by Debt Camel View Post
            CCAs and Default Notices don't apply for mobile phone debts.
            Good morning, DC.

            Although this is generally the case, it is not always so.
            Some agreements (commonly referred to as 'split tariff') are, in part, regulated agreements, so the CCA will be applicable.
            AfaIk, some Virgin, Tesco & O2 agreements may be affected, possibly others.
            However, I don't know whether Orange (now EE) have ever offered the facility.
            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

            Comment


            • #7
              Re: Lowell Claim Form Northampton Court *HELP*

              Thanks for the info. I'll sent the CPR and CCA off today to both lowell portfolio and lowell solicitors with a postal order for £1.00

              I wait to hear back now...

              Comment


              • #8
                Re: Lowell Claim Form Northampton Court *HELP*

                sent Recorded delivery ??? it is sunday to-day!

                Comment


                • #9
                  Re: Lowell Claim Form Northampton Court *HELP*

                  Ahh, I will post the first thing in the morning.. thanks for that lol

                  Comment


                  • #10
                    Re: Lowell Claim Form Northampton Court *HELP*

                    CCA request letter

                    Their address. My Address.

                    Date: 30 April 2017

                    I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY IN ANY FORM

                    F.A.O: [LOWELL PORTFOLIO I LTD]

                    Dear Sir/Madam

                    Account/Ref No: D00000V6

                    I do not recall any agreement with Orange, I therefore, require the Original Signed Agreement, along with a copy of the original Terms & Conditions and any subsequent changes in said Terms & Conditions (referred to as 'the Agreement’ within the Particulars of Claim) and show how the Defendant has entered into an agreement. The Claimant is put to the strictest of proof as to the existence of said agreement.

                    With reference to the above agreement, I/we would be grateful if you would send me/us a copy of this credit agreement and a full breakdown of the account including any interest or charges applied.

                    I/we understand that under the Consumer Credit Act 1974 [sections 77-79], I am/we are entitled to receive a copy of any credit agreement and a statement of account on request.

                    I/we enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act 1974. Please note, this money is not to be used for any purpose except as the required administration fee for the above request.

                    I/we understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

                    I/we understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act. Please be aware that until you provide a copy of the credit agreement the following applies.

                    * You may not demand any payment on the account, nor am I obliged to offer any payment to you.
                    * You may not add further interest or any charges to the account.
                    * You may not pass the account to a third party.
                    * You may not register any information in respect of the account with any credit reference agency.
                    * You may not issue a default notice related to the account.
                    * You may not issue a court summons.

                    You should also be aware that unless or until you provide me/us with the the agreement requested under the Consumer Credit Act 1974, it will remain Unenforceable at Law, and any legal proceedings taken out whilst the agreement request remains outstanding, will be Vexatious and Unlawful. Be aware also that the Financial Conduct Authority Regulations apply:

                    7.3.18: A firm must not threaten to commence court action, including an
                    application for a charging order or (in Scotland) an inhibition or an order
                    for sale, in order to pressurize a customer in default or arrears difficulties
                    to pay more than they can reasonably afford.

                    7.11.6: A firm must not suggest or state that action can or will be taken when
                    legally it cannot be taken.

                    I/we look forward to hearing from you within the allotted time scale.

                    Yours faithfully,

                    Signed.....
                    Dated.....

                    If everything looks alright then I will send them off in the morning?

                    Thankyou

                    Comment


                    • #11
                      Re: Lowell Claim Form Northampton Court *HELP*

                      Originally posted by Funnyman21 View Post
                      Ahh, I will post the first thing in the morning.. thanks for that lol
                      Tuesday!

                      - - - Updated - - -

                      Originally posted by Funnyman21 View Post
                      Ahh, I will post the first thing in the morning.. thanks for that lol
                      Tuesday!

                      CCA Request

                      Comment


                      • #12
                        Re: Lowell Claim Form Northampton Court *HELP*

                        Where did you get the inspiration for that lengthy letter in your post # 10?

                        It seems to be a mash-up of template letters from the internet which may not be appropriate in it's entirety.

                        At one point you say "any legal proceedings taken out while the agreement Request remains outstanding will be considered vexatious and unlawful" . But legal proceedings have already been taken out since you have received a claim form. The claim was therefore issued before the Request was sent let alone received.

                        There's no post until a Tuesday so you've got time to get this right.

                        My overall advice is never send a letter to a solicitor unless you fully understand the content and what you're hoping to achieve by sending it.

                        I'll add to that don't send a confrontational letter to a solicitor unless you are also solicitor

                        Any letter you write has has the potential to be read by a judge who make take a negative view of you if he thinks your Request is really an excuse to rant. Pick your words wisely.

                        Di

                        Comment


                        • #13
                          Re: Lowell Claim Form Northampton Court *HELP*

                          looks familiar the contents = FOTL no doubt

                          Comment


                          • #14
                            Re: Lowell Claim Form Northampton Court *HELP*

                            Hi, I'm completely new to this process and can'take really find any help anywhere. I'm regretting clicking defend now big time as i don'the know what to do. So the CCA I will just leave out unless anyone can ammendmend it for me please? And i'll just send the CPR and wait for my day in court.

                            Thanks for the help everyone

                            Comment


                            • #15
                              Re: Lowell Claim Form Northampton Court *HELP*

                              Originally posted by Funnyman21 View Post
                              Hi, I'm completely new to this process and can'take really find any help anywhere. I'm regretting clicking defend now big time as i don'the know what to do. So the CCA I will just leave out unless anyone can ammendmend it for me please? And i'll just send the CPR and wait for my day in court.

                              Thanks for the help everyone
                              There are plenty of people on this forum who will offer you help.

                              It'll be on a one-step-at-a-time basis because no two claims are the same. You've helpfully posted up a comprehensive history which is a great start (you joined the forum this morning).

                              Expect to get lots of questions from Beagles before being given your options. This is a sign that helpers are being, well, helpful.

                              Sometimes telling someone what not to do is helpful too. So please don't take my previous post as criticism.

                              It's a Bank Holiday weekend so the forum is likely to be a bit 'short staffed' but positive help will be on it's way soon. Contributers to this forum are volunteers.

                              Di

                              Comment

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