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some advice on a claim form sent from LOWELL please thank you
Hi,
Can anyone please give me some advice?
Thank you
I received a claim form letter on the 24th January 2018 [dated 22nd January 2018]
from NORTHAMPTON COUNTY COURT BUSINESS CENTRE.
Claimant is: LOWELL PORTFOLIO I LTD
Underneath that 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 ######## ('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 28/06/2017 and notice given to the Defendant.
4) Despite repeated requests for payment, the sum of £164.27 remains due and outstanding.
And the Claimant claims
a) The said sum of £164.27
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, accuring at a daily rate of £0.036, but limited to one year, being £7.38
c) Costs
Signed: LOWELL SOLICITORS LIMITED
Amount claimed: £171.65
Court fee: £25.00
Legal representative's costs: £50.00
Total amount: £246.65
Comes with a response pack.
Included in this pack are
> Admissiom Form N9A
> Defence and Conterclaim form N9B
> Acknowledgment of service
Summery
I took out a mobile phone contract with Orange [before they changed to EE] many years ago.
Anyway i stopped the direct debts going out from my bank to EE/Orange back in 2012/2013 [around 5/6 years ago]
because i had payed for the phone the contract time limit had actually ended in other words i had payed to the phone and i was not using the phone anymore so i stopped the direct debt payments
the contract had come to a end because Orange/EE were contacting me asking me if i wanted to upgrade my phone and change my contract etc
[i hope that makes sense]
then Orange sent me 2/3 warning letters saying if i do not pay they will pass the 'debt' to a debt company
since then over the years i have had letters from 2 debt companies [Moorcroft Debt Recovery and now Lowell Portfolio] before and thrown them away until this claim form came from the courts.
Also may i just point out i never got any confirmation that Moorcroft debt recovery had passed the 'debt' to Lowell Portfolio i just wonder if they should have done this?
So what I plan to do after doing some research on the internet is the following
1) Acknowledge the Claim [i think this is also know as acknowledgement of service]
2) Send CPR 18 off very soon via moneyclaim.gov.uk
[i am now registered on money claim also i do have a claim number along with a password on the claim form letter sent to me from NORTHAMPTON COUNTY COURT BUSINESS CENTRE]
3) Start thinking of what to say in my defence
4) Wait so many days after the issue date [not sure how many days i should wait i think 22 days after the issue date please advise me if you think different] for a reply from Lowell.
5) Send my defence online and/or by post saying what Lowell have or have not done in response to my acknowledgement of service [of course this depends if they comply with my requests i have asked for in the acknowledgement of service]
And then what?
My questions now are
Do i have the right to ask for a copy of the original contract i signed with Orange [i just think if they wish to claim i still own this money they should have this as a piece of evidence to back them up]
Do i also send a email [or letter by post] of the acknowledgement of service as well as my defence to Lowell solicitors as well as Lowell portfolio?
I will post underneath the CPR 18 i am sending, does this look ok?
i am very anxious about all this and could do with some help please any help and advice at all i would be very grateful
Thank you in advance.
B
BELOW IS WHAT I THINK I WILL SEND
My address and theirs...
Dear Sirs,
Re: LOWELL SOLICITORS LIMITED v ME Claim Number: ########
CPR18 Request for further information.
On the 24 January 2018, 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 £246.65 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 all this looks ok before i send it off please?
Best Regards,
B
Can anyone please give me some advice?
Thank you
I received a claim form letter on the 24th January 2018 [dated 22nd January 2018]
from NORTHAMPTON COUNTY COURT BUSINESS CENTRE.
Claimant is: LOWELL PORTFOLIO I LTD
Underneath that 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 ######## ('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 28/06/2017 and notice given to the Defendant.
4) Despite repeated requests for payment, the sum of £164.27 remains due and outstanding.
And the Claimant claims
a) The said sum of £164.27
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, accuring at a daily rate of £0.036, but limited to one year, being £7.38
c) Costs
Signed: LOWELL SOLICITORS LIMITED
Amount claimed: £171.65
Court fee: £25.00
Legal representative's costs: £50.00
Total amount: £246.65
Comes with a response pack.
Included in this pack are
> Admissiom Form N9A
> Defence and Conterclaim form N9B
> Acknowledgment of service
Summery
I took out a mobile phone contract with Orange [before they changed to EE] many years ago.
Anyway i stopped the direct debts going out from my bank to EE/Orange back in 2012/2013 [around 5/6 years ago]
because i had payed for the phone the contract time limit had actually ended in other words i had payed to the phone and i was not using the phone anymore so i stopped the direct debt payments
the contract had come to a end because Orange/EE were contacting me asking me if i wanted to upgrade my phone and change my contract etc
[i hope that makes sense]
then Orange sent me 2/3 warning letters saying if i do not pay they will pass the 'debt' to a debt company
since then over the years i have had letters from 2 debt companies [Moorcroft Debt Recovery and now Lowell Portfolio] before and thrown them away until this claim form came from the courts.
Also may i just point out i never got any confirmation that Moorcroft debt recovery had passed the 'debt' to Lowell Portfolio i just wonder if they should have done this?
So what I plan to do after doing some research on the internet is the following
1) Acknowledge the Claim [i think this is also know as acknowledgement of service]
2) Send CPR 18 off very soon via moneyclaim.gov.uk
[i am now registered on money claim also i do have a claim number along with a password on the claim form letter sent to me from NORTHAMPTON COUNTY COURT BUSINESS CENTRE]
3) Start thinking of what to say in my defence
4) Wait so many days after the issue date [not sure how many days i should wait i think 22 days after the issue date please advise me if you think different] for a reply from Lowell.
5) Send my defence online and/or by post saying what Lowell have or have not done in response to my acknowledgement of service [of course this depends if they comply with my requests i have asked for in the acknowledgement of service]
And then what?
My questions now are
Do i have the right to ask for a copy of the original contract i signed with Orange [i just think if they wish to claim i still own this money they should have this as a piece of evidence to back them up]
Do i also send a email [or letter by post] of the acknowledgement of service as well as my defence to Lowell solicitors as well as Lowell portfolio?
I will post underneath the CPR 18 i am sending, does this look ok?
i am very anxious about all this and could do with some help please any help and advice at all i would be very grateful
Thank you in advance.
B
BELOW IS WHAT I THINK I WILL SEND
My address and theirs...
Dear Sirs,
Re: LOWELL SOLICITORS LIMITED v ME Claim Number: ########
CPR18 Request for further information.
On the 24 January 2018, 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 £246.65 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 all this looks ok before i send it off please?
Best Regards,
B
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