some advice on a claim form sent from LOWELL please thank you

[jaguarsuk]

Hi, in response to your PM I only usually frequent this forum on weekdays.

You have sent all you can send them right now. It might be worth sending EE a Subject Access to Information Request (SAR) under the data protection act 1998 to try to see what documents they might have or to be able to compare against what Lowell send you.

[MIKE770]

Subject Access Request Letter

[TomatoSoup]

MIKE770 and jaguarsuk yes thank you i have already sent a Subject Access Request Letter to EE and a CCA Request Letter to Lowell

also Amethyst and slainte caragh

questions i have now are...

how long should i give Lowell to reply to the CCA Request Letter and the CPR 31.14 Request Letter??

CCA Request Letter it say they have 12 working days to reply i sent the email to them on the 3rd so 12 days from then will be about monday the 19th of Feb?!

and the CPR 31.14 Request Letter again i sent them the email on the 3rd should i give it til friday the 9th of feb which will be about 7 days since i sent it or should i give them more time?

also should i wait to send my defence via money claim online in the CPR 31.14 Request Letter i said

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 23/02/2018

so should i wait until then to file my defence or should i do it much sooner?



[really hope you guys can help me because i am ready to do over the next few days but im really holding back here]

[jaguarsuk]

You'll need to allow them the time to respond before you file your defence, as you have until the 23rd at 4pm there's plenty of time after the 19th to prepare and then submit the defence.

SAR takes up to 40 days, so you won't have anything in time for the defence. It could prove useful if they do send you documents to be able to compare for witness statements later.

For now, just sit tight.

[warwick65]

TomatoSoup

I am just reading the last few posts

You say you sent the CCA request and CPR31.14 request by email? Was that the case?

If so how did you make the payment for the CCA request

I will have a quick read back

[warwick65]

By the way, if the date on the claim form was 22nd Jan then the defence is due 24th Feb BUT that is a Saturday so actually it is due by 4pm on the next working day 26th Feb.

just so you are aware, if you feel the need, you can make arrangements to pay at various times including mediation.

It is highly likely they will refuse your CCA request because it is a telecoms contract and thus not covered (unless there were two contracts, one for the equipment and one for the airtime.)

[TomatoSoup]

thank you jaguarsuk & warwick65

and thank you Amethyst for you PM

oxox to you all you guys are seriously awesome

[warwick65]

Did you email or post the letters?

[Diana M]

>>>

CCA Request Letter

>>>

my name and address

Date xx/xx/2018

LOWELL SOLICITORS LIMITED
PO Box 1419. Northampton.
NN2 1BU

Dear Sir/Madam

Claim Number: xxxxxxxx

Orange account number : xxxxxxxx

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a legible copy of my credit agreement on request. I am happy to send you a payment of £1.00 which represents the fee payable under the Consumer Credit Act. please let me know as soon as possible so i can send you the fee
I understand a copy of our credit agreement should be supplied within 12 working days.

I look forward to hearing from you.

I've just seen this post from last week ^ ^ ^

Your CCA Request is not valid since you didn't include the £1 statutory fee with it.

You've asked them to let you know if they want you to send them the £1 statutory fee.

Don't be surprised if they don't reply to your letter (email?) since they will know your request is meaningless (in legal terms) without the £1 statutory fee.

My suggestion is to send a formal CCA Request using this forum's template.

Di

[Diana M]

Your CCA Request is not valid since you didn't include the £1 statutory fee with it.

. . . .

My suggestion is to send a formal CCA Request using this forum's template.

. . . together with the essential £1 statutory fee

Di

[Diana M]

Letters look fine

Although the CCA Request letter (email?) openly admits that the essential £1 statutory fee was not included.

This can be remedied if the OP resends and deals with the date issues in any Defence filed.

Di

[Diana M]

You have sent all you can send them right now.

That's incorrect legal advice jaguarsuk.


See previous posts >

>>>

CCA Request Letter

>>>

my name and address

Date xx/xx/2018

LOWELL SOLICITORS LIMITED
PO Box 1419. Northampton.
NN2 1BU

Dear Sir/Madam

Claim Number: xxxxxxxx

Orange account number : xxxxxxxx

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a legible copy of my credit agreement on request. I am happy to send you a payment of £1.00 which represents the fee payable under the Consumer Credit Act. please let me know as soon as possible so i can send you the fee
I understand a copy of our credit agreement should be supplied within 12 working days.

I look forward to hearing from you.

I've just seen this post from last week ^ ^ ^

Your CCA Request is not valid since you didn't include the £1 statutory fee with it.

You've asked them to let you know if they want you to send them the £1 statutory fee.

Don't be surprised if they don't reply to your letter (email?) since they will know your request is meaningless (in legal terms) without the £1 statutory fee.

My suggestion is to send a formal CCA Request using this forum's template.

Di

. . . together with the essential £1 statutory fee

Di

Di

[slainte caragh]

hiya mate,

sorry been away, work has been insane recently, yesterday was a 13.5 hour shift.

you are best with these guys with prove it letters etc, I understand contracts but bow to these people's expert knowledge with these things.

What I would say is, even if you DO provide a CCA agreement (with the appropriate fee), this may be returned as your contract might not (probably with the dates we are talking) have a CCA. You would still be liable for costs if it can be proved any contract was up and running, but these wonderful people can help with this bit.

[TomatoSoup]

ok today i receive 2 emails from Lowell

they read as below

>>>

1st email

>>>


From: Help Lowell Solicitors <help@lowellsolicitors.co.uk>
Sent: 07 February 2018 08:32
To: me
Subject: RE: Claim Number: xxxxxxxx CCA Request Letter (Threadxxxxx)

Dear Miss xxxxx,

Client Name: Lowell Portfolio I Ltd

Our Reference: xxxxxxxxx

Balance: £246.65

Thank you for your recent email.

As this account is a telecommunications account it is not regulated by the Consumer Credit Act 1974 and therefore the supplier may have not retained a copy of the agreement.
The terms of such an agreement are deemed to be accepted when the seal on the SIM card is broken and it is inserted into the mobile device.
At this point, calls can be made and received, and access is available to other facilities that may have been provided as part of the terms. You can view the up to date terms on the supplier’s website.
As you are aware, a County Court Claim was issued against you on the 22 January 2018. You should now read this fully and respond to the Claim.
If you are admitting the debt in full and wish to pay by instalments, our team are available to complete the Admission form response with you over the telephone if you prefer. They can be contacted by calling 0113 335 3334.
Failure to respond to the Claim within 14 days from the date of this email may result in us applying for a County Court Judgment (CCJ) in Default to be entered against you.
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 six years.
If you are experiencing financial difficulties, you may wish to seek free and impartial advice from StepChange Debt Charity on 0800 138 1111 or visit www.stepchange.org.uk.
If you wish to speak with a member of our team, please telephone us between 8:00am and 8:00pm Monday to Friday or between 8:00am and 2:00pm Saturday on 0113 335 3334.

Yours sincerely,

Lowell Solicitors

[TomatoSoup]

>>>

2nd email


From: Help Lowell Solicitors <help@lowellsolicitors.co.uk>
Sent: 07 February 2018 10:18
To: me
Subject: Lowell Solicitors (Threadxxxxx)

Dear Miss xxxxx,



Client Name: Lowell Portfolio I Ltd

Our Reference: xxxxxxxxx

Balance: £246.65

We write with regards to our email previously sent to you today.

We apologise for our administrative error. We note that you have an Acknowledgment of Service on your account. You therefore have 19 days from the date of this email in order to respond to the Claim.
Failure to respond to the Claim within this timeframe may result in us applying for a County Court Judgment (CCJ) in Default to be entered against you.
If you are experiencing financial difficulties, you may wish to seek free and impartial advice from StepChange Debt Charity on 0800 138 1111 or visit www.stepchange.org.uk.
If you wish to speak with a member of our team, please telephone us between 8:00am and 8:00pm Monday to Friday or between 8:00am and 2:00pm Saturday on 0113 335 3334.

Yours sincerely,

Lowell Solicitors