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Lowell Claim Form

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  • #31
    Re: Lowell Claim Form

    I have just received a letter from Lowell Solicitors confirming the letter I sent them.

    They have said

    "We confirm receipt of your letter requesting information for the above account.

    As this account is a telecommunications account it is not regulated by the Consumer Credit Act 1974. Therefore, the original creditor is not required to provide you with a copy of the agreement. We have requested copies of the statements from O2 (UK) Ltd and these will be sent to you one received"

    And then just saying when the CCC was issued and what to do if I wish to pay in full etc.

    Should I do anything else now or just wait and see if they do provide statements from O2?

    Thanks

    Comment


    • #32
      Re: Lowell Claim Form

      Anyone?

      Comment


      • #33
        Re: Lowell Claim Form

        Have you sent that SAR to Telefonica yet?
        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


        • #34
          Re: Lowell Claim Form

          Not yet no as low on money right now, but can do this week

          Comment


          • #35
            Re: Lowell Claim Form

            Just out of interest, did Lowells/Solicitors say in that recent letter anything about when your defence needed to be filed?
            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


            • #36
              Re: Lowell Claim Form

              No they havn't, all they have said is

              "A County Court Claim has been issued on 5 June 2017 and we note that you have acknowledged service of the claim form. Please respond as you deem appropriate within the time specified in the response pack"

              and then

              "Failure to respond within the timeframe specified in the response pack may result in us applying for a County Court Judgement (ccj) in Default to be entered against you with terms set out bu the court. This would mean further costs and could make it difficult for you to obtain credit, mortgages or even some employment whilst it remains unsatisfied on your credit file for a maximum of six years"

              Comment


              • #37
                Re: Lowell Claim Form

                Could someone help again please, I am due to submit my defense now and have no idea what to write? Any help appreciated

                Comment


                • #38
                  Re: Lowell Claim Form

                  Defence Example

                  Comment


                  • #39
                    Re: Lowell Claim Form

                    Thank you!

                    Comment


                    • #40
                      Re: Lowell Claim Form

                      I'm getting confused with the last few sections of the defense,

                      "[12: 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.]"

                      I have not asked for extended period of time but they said they will produce the evidence once recieved, so do I just leave this section out of my defense?

                      Comment


                      • #41
                        Re: Lowell Claim Form

                        *bump* Please, any advice is appreciated

                        Comment


                        • #42
                          Re: Lowell Claim Form

                          I'd put,

                          12: I have asked the Claimant if we may formally 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 failed to respond to this request.
                          #staysafestayhome

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

                          Received a Court Claim? Read >>>>> First Steps

                          Comment


                          • #43
                            Re: Lowell Claim Form

                            If you want to post up the rest of the defence when you're done we can give it a once over xxx
                            #staysafestayhome

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

                            Received a Court Claim? Read >>>>> First Steps

                            Comment


                            • #44
                              Re: Lowell Claim Form

                              Thank you, here is my defense now

                              "1: I received the claim ******** from the Northanpton County Court on 09-06-2017


                              2: Each and every allegation in the Claimants statement of case is
                              denied unless specifically admitted in this Defence.


                              3: This claim appears to be for an O2(UK)Ltd agreement regulated
                              under the Consumer Credit Act 1974.


                              4: It is denied that the Defendant has entered into an agreement
                              with O2(UK)Ltd for provision of credit.


                              4: The Claimants statement of case fails to give adequate
                              information to enable me to properly assess my position with
                              regards the claim.


                              5. The particulars of claim fail to state when the agreement was
                              entered into


                              6. The Claimants statement of case states that the account was
                              assigned from O2(UK)Ltd to Lowell Portfolio on 28-09-2012. The
                              Defendant does not recall receiving notice of this assignment.


                              7. It is denied that O2(UK)Ltd served any Default notice on the
                              Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant
                              is required to prove that a compliant Default Notice was served
                              upon the Defendant.


                              8: On the 19-06-2017 I sent a request for inspection of documents
                              mentioned in the claimants statement of case under Civil Procedure
                              Rule 31.14 to Lowells Solicitors. I requested the Claimant provide
                              copies of the Agreement.


                              9. Lowell Solicitors have not sent any of these documents to me.


                              10. On the [Date] I sent a formal request for a copy of the
                              original agreement to [Claimant] pursuant to section [77 or 78] of
                              the Consumer Credit Act 1974 along with the statutory £1 fee.


                              11. The Claimant has failed to comply with s77-s78 Consumer Credit
                              Act 1974 and by virtue of s77 (4) / s 78 (6) Consumer Credit Act
                              1974 cannot enforce the agreement.


                              12: I have asked the Claimant if we may formally 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 failed to
                              respond to this request.


                              13. 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.


                              14. 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.


                              15. 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.


                              16. 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. "

                              Comment


                              • #45
                                Re: Lowell Claim Form

                                *bump*

                                Comment

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