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

[TomatoSoup]

Look at my awful handwriting

>

[slainte caragh]

it's better than mine

[Amethyst]

Old school I try write anything more than a few notes now I get terrible hand ache ... it’s perfectly fine honestly xxx get it sent then we can write that defence in preparation - you’ll be glad to know you can put that through to court on email or via the money claim online system.

[TomatoSoup]

sorry ive not updated this not been well so ok i sent that hand written letter off on wednesday the 14th i sent it to LOWELL SOLICITORS LIMITED because on the claim form letter it say that is the address for sending documents and payments and i guess they should have got it by now now i have no idea what to say to the organisation i wish to volunteer for they want me to >>> please forward copies of any emails or correspondence concerning the defaulted account for £145 for our records. It would also be helpful if you could indicate your possible future course of action regarding this. how do i put that in writing? is so annoying when i cant think straight

[MIKE770]

having a real panic here now moneyclaim.gov.uk say

The following errors have occurred:

1. Claim number or password is incorrect.

CCBC Defend use this e-mail address (Click on the Blue) -if you are having problems??? should work OK

and send your paperwork

[Amethyst]

Reply to the Voluntary organisation you're volunteering for that it was for a mobile phone contract from 2014? the amount of which is in dispute however you are happy to pay it off to have it marked as settled if they require it, and you will continue with your complaint directly with the company for a refund and subsequent removal from your credit file. I think that will be the best way to deal with it. Honestly xxx

[TomatoSoup]

ok contacted stepchange they did not want to help me with my defence in case they advise me wrong and then leave me viable

[TomatoSoup]

stepchange also advise that i contact http://www.gov.uk/civil-legal-advice but i need to call them on 0345 345 4 345 and it looks like it is 9p per min

[Amethyst]

Have you made a start on your defence? Example Defence

Is a good starting point.

[TomatoSoup]

Diana M jaguarsuk Amethyst and slainte caragh

i think you write a defence in 3rd person

so would i write a defence like this


>>>

on the 24th January 2018 [dated 22nd January 2018] Defendant received the Claim Form from NORTHAMPTON COUNTY COURT BUSINESS CENTRE. the Claimant is LOWELL PORTFOLIO I LTD

>>>

or like this

>>>

On the 24 January 2018, Defendant received the Claim Form in this case issued by Claimant LOWELL PORTFOLIO I LTD out of the Northampton County Court.



Defendant confirm having returned their acknowledgement of service to the court in which they indicate their intention to contest the Claimants entire claim.

[warwick65]

Diana M jaguarsuk Amethyst and slainte caragh

i think you write a defence in 3rd person

so would i write a defence like this


>>>

on the 24th January 2018 [dated 22nd January 2018] Defendant received the Claim Form from NORTHAMPTON COUNTY COURT BUSINESS CENTRE. the Claimant is LOWELL PORTFOLIO I LTD

>>>

or like this

>>>

On the 24 January 2018, Defendant received the Claim Form in this case issued by Claimant LOWELL PORTFOLIO I LTD out of the Northampton County Court.



Defendant confirm having returned their acknowledgement of service to the court in which they indicate their intention to contest the Claimants entire claim.

Have you looked at the sample defence Amethyst directed you to as a starting point

I see no good reason why you need to write in the third person although the past tense is probably right . In fact I think as you are writing about yourself it does sound a bit pretentious to refer to yourself as the defendant - you are not a lawyer writing a defence for someone else, you are a Lip writing your own

I stand to be corrected if i am wrong

[Amethyst]

The example does switch a bit between the two - if I draft anything I tend to use 'The Defendant' for more formal legal arguments, or for fast track cases, and 'I' for small claims more general arguments so it doesn't come across as templated and seems somehow more 'honest' and genuine sounding. For LIPS in small claims there isn't really a right or wrong way, whatever feels comfortable really, just remember the defence is likely to be the first thing a judge will read and will set the basis of the rest of the case - so try to be clear concise and not sound too much up your own bottom or like you're talking out the same .... lol

[slainte caragh]

I bow to these lovely folks expert knowledge when it comes to legal defences.

[TomatoSoup]

Amethyst Diana M jaguarsuk and slainte caragh


right ok then this is a very VERY rough defence and it is written in 1st person

>>>


In the Northampton County Court Business Centre

Claim No: [XXXXX]



[Claimants Name]

Claimant

And



[Defendants Name]

Defendant

DEFENCE


1. on the 24th January 2018 [dated 22nd January 2018] i received a claim Form from Lowell.

2. on the 29th January 2018 i returned the acknowledgement of service via moneyclaim.gov.uk in which i indicated my intention to contest the Claimants entire claim.

3. i believe this claim to be for a Orange Mobile Contract [Dolphin 20] and it was a 24 month contract which was from march 2011 so by march 2013 the 24 months would have been up so, when the direct debits were actually stopped in late 2015 [because i had already got a new pay as you go phone] the 24 month contract for the old non working phone were well past the 24 month contract end date.

4. on Thursday the 1st of February 2018 i sent a hand written Subject Access Request ( Data Protection Act 1998 ) via post to EE Customer Services 6 Camberwell Way Sunderland Tyne and Wear SR3 3XN United Kingdom and i am still waiting for a reply on this

5.on Thursday the 1st of February i sent a Subject Access Request ( Data Protection Act 1998 ) via email to customer-service@everythingeverywhere.co.uk and i am still waiting for a reply on this

6. on Friday the 2nd of Febuary i sent a CCA Request Letter to the Cliamant via email

. on Friday the 2nd of Febuary 2018 i sent a CPR 31.14 Request Letter to Lowell via email and i am yet to recieve a reply on this

. on Saturday 3rd Febuary 2018 by chance i decided to check my credit report and with regards to the Cliamant putting my account has defaulted i found the following information on there
Financial Account Information
Date of default 03/06/2016
but when looking at STATUS HISTORY and the BALANCE HISTORY on the credit report it say that the account has defaulted from October 2017

7. on Wednesday 7th Febuary 2018 i recieved a email reply from the Claimant about the CCA Request Letter which reads as follows
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.

in response to the claimants email regarding the CCA Request Letter If the operator have not retained the terms and they are not able to provide them then how can they claim that i agreed to anything at all? Their claim specifically mentions an "agreement" in their particulars of claim and whether putting in then using a sim was agreeing to it or not they have to show what that exact agreement was.
And as for the up to date terms being on the website, those are not the terms they claim that i agreed to and are actually irrelevant.

.on Monday 12th February 2018 i received a phone call from a well known organisation i was hoping to volunteer for
the organisation require a vet check so they did a full check on me and they then asked me over the phone if i was aware of the default by lowell on my credit file

they [the organisation i wish to volunteer for] now want me to >>>
please forward copies of any emails or correspondence concerning the defaulted account for £145 for our records.
It would also be helpful if you could indicate your possible future course of action regarding this.
that phone call was so embarrassing and now makes me think could this default now also affect any other future unpaid/volunteer jobs i go for as well as any paid jobs i will apply for?
this could affect my employment future for the next 5/6 years

. on Wednesday 14th Febuary 2018 i sent a hand written CPR 31.14 Request Letter to Lowell via post and i am yet to recieve a reply on this

. 21st February 2018, i contacted stepchange they did not want to help me with my defence in case they advise me wrong and then leave me viable
but stepchange did advise that i contact civil legal advice but i will need to call them on 0345 345 4 345 and it will cost 9p per min
upon further investigation via http://www.gov.uk/civil-legal-advice
it looks like i would not actually qualify for legal aid and the next page actually referred me back to step change among other debt help charities.


. i suffer from mental health problems anxiety and depression and i am on the waiting list with insight to receive therapy for the 9th time

.i am receiving benefit and i do not have a lot of money so IF it is decided that i am actually required to pay anything back to the Claimant i will not be able to do it in one lump sum
it will be £1 a month as that is all i can afford.

[Amethyst]

Going through for you now xxx We're looking a little bit Witness Statement like so I'll cut it down a bit to the arguments xxx