Lowell/O2 court claim CPR31.4 response received

[tomtom1]

Hi,

Could anyone please shed a little light as to what i send/reply next with the CPR31.4 reply from Lowell, Everything i have done so far is below, Thanks in advance for taking time out to read and reply with any info.

18/12/17 - Letter of claim/paticulars of debt from lowell = I replied filling in section 4(i need more documents/information) of which i never received a reply
29/1/18 - Nottingham County Court Claim Form received 30/1/18
31/1/18 - I acknowledged service that i would be defending on MCOL
3/2/18 - CPR31.4 along with CPR18 sent to lowell solicitors which wer delivered on the 5/2/18
13/2/18 - Reply off lowell stating they will not be supplying me with anything apart from the Notice Of Assignment which was included but was sent to my old address

They state the last time a payment was made to the o2 aaccount was in september 2012

There is also a default on my experian account registered but it also states that the account was settled in early 2013.

Thank You T

[jaguarsuk]

Hi Tom

It would be useful to see (post a pic or scan with personal info covered) or you type in the Particulars of Claim from the claim form if you could?

You still have 2 weeks to file your defence (by 4pm on 2nd March 2018) based on the issue date on the form being 29/01/2018 - is that the correct date?

[tomtom1]

Hi jaguarsuk and thank you for reply,

Yes the date on the court claim form is 29th jan 2018.

Paticulars of claim are below as my scanner is innaccessible at the moment.

1) The defendant entered into an aggrement with O2(UK) LTD under account reference ********** ('the Agreement).
2) The Defendant failed to maintain the required payments and the service was terminated.
3) The Agreement was later assigned to the claimant on the 31/08/2013 and notice given to the defendant.
4) Despite repeated requests for payment the sum of £640.77 remains due and outstanding.
And the claimant claims.
a) The said sum of £640.77
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,
accruing at a daily rate of £0.140, but limited to one year, being £51.26.
c) Costs

Amount Claimed £692.03
Court Fee £60
Legal Rep's Costs £70
Total Amount £822.03

I have also just logged into noddle after joining last month, It has been updated by lowell as default date of 9/4/2013, Default amount £641 and the balance owing on noddle credit report as £822 which is the court fee etc added

Thanks T

[jaguarsuk]

What did you ask for on the 31.14 request?

I would send an SAR to O2 to see what that turns up, they have 40 days to send you the stuff so unlikely to be of benefit to your defence although might be useful to be able to compare documents if some appear at a later date.

Some O2 agreements had seperate finance for the handsets, so it may be worth also doing a CCA letter to the claimant.

Mine certainly was financed seperately to the plan in 2014, but I don't know when they started doing that slainte caragh do you happen to know when O2 started financing handsets sperately?

[warwick65]

What did you ask for in the CPR31.14 request and also in your part 18 request

As this is an O2 account can you remember if the account was split in-between a handset agreement and an airtime contract- if it was then a CCA request to Lowell

I am not sure as I have never been with O2 but I know they were doing them around 2014 but not sure when they started

Just out of interest, when you filled in your letter of claim, did you just tick the box or did you actually ask for any documents?

[tomtom1]

Hi warwick65 and thank you for reply,

I cannot honestly remember having an o2 account which states it started on the 11/08/2008.

The letter of claim i returned to lowell i ticked the section 4 box i and written i need a copy of everything listed below, I also signed and put a line through it but it was not sent recorded so i have no evidence of this but did scan the letter and envelope.

I have added both the cpr's i sent.

Hope all this helps.

Much Appreciated T

[jaguarsuk]

Hi warwick65 and thank you for reply,

I cannot honestly remember having an o2 account which states it started on the 11/08/2008.

The letter of claim i returned to lowell i ticked the section 4 box i and written i need a copy of everything listed below, I also signed and put a line through it but it was not sent recorded so i have no evidence of this but did scan the letter and envelope.

I have added both the cpr's i sent.

Hope all this helps.

Much Appreciated T

They might be stating that they will only provide the Notice of Assignment, but they are going to have to provide a copy of the agreement and terms if they want a judge to rule on it. The whole foundation of their claim is you entered an agreement and they need to evidence that along with what terms you didn't comply with that allowed O2 to terminate the contract and ultimately sell it to the claimant.

Just because they are saying they won't or haven't yet it doesn't mean the terms won't appear though. As I said in post #4 send an SAR to O2 to see if they send you a copy of the agreement and terms back. If the claimant produces some, you'll have something to compare it to and ensure it's legitimate.

[tomtom1]

Thanks for reply.

On the reply i received off lowell dated 13/2/18 it does state they have requested documents from the original creditor(o2) and when a response is received we shall contact you.

Would it be worth me trying to contact o2 and see what they say as i have the account number etc what lowell sent.

Thanks Again T

[jaguarsuk]

Thanks for reply.

On the reply i received off lowell dated 13/2/18 it does state they have requested documents from the original creditor(o2) and when a response is received we shall contact you.

Would it be worth me trying to contact o2 and see what they say as i have the account number etc what lowell sent.

Thanks Again T

Ah okay, so they're trying to dig them up.

O2 are unlikely to be able to assist much more then to tell you what you already know without a proper request. Between now and filing your defence it'll depend if or what they actually produce on what it needs to say, but the template for it is here: http://legalbeagles.info/library/gui...-court-claims/

[tomtom1]

Thanks Again jaguarsuk

So i should just sit back and wait until an hour or two before the defence deadline and then file it on MCOL just to see if they lowell come up with anything.

Thanks T

[jaguarsuk]

No, a few days before not hours.

That way if the online line system fails you can post or email it in to still make the deadline

[tomtom1]

No problem,

Really do appreciate your replies, I'll get the sar off first thing and tick the receive via email box as i may get it quicker.

Thanks Again T

[warwick65]

Actually you can email it right up to 4 pm on the day but yes don't leave it until minutes before its due,

Just been looking at your CPR18 - I think they may refuse it as an abuse of process because you have asked for the same things as in your CPR31.14 and it reads a bit like a phising trip. Also Part 18 is not applicable in the small claims track either

If I were to write a part 18 request it would be more direct and more bullet points - its about getting further information on what was in the statement of case

Many of those arguments you could include in your defence or witness statement

[tomtom1]

Thanks warwick65 jaguarsuk for replies, I am just about to submit my defence, i have tried to keep it short and to the poing, Does this look ok.7

1. Paragraph 1 is neither admitted or denied with regards to the
defendant entering into an agreement referred to in the
Particulars of Claim (‘the Agreement’) the Claimant has yet to
disclose any such agreement.

2. Paragraph 1 is denied with regards to the Defendant owing any
monies to the Claimant the claimant has failed to provide any
Original Creditor evidence of assignment/balance/breach as
requested by CPR 31.14 on the 3/2/2018 and the Claimant is put to
strict proof to:
(a) show how the Defendant has entered into an agreement; and
(b) show how the Defendant has reached the amount claimed for; and
(c) show how the Claimant has the legal right, either under
statute or equity to issue a claim;

3. The claimant also failed to respond to the Letter Of Claim
section 4 asking for all documents mentioned in the claim which
was dated 18/12/2017 and was returned to the claimant on the
21/12/17.

4. As per Civil Procedure Rule 16.5(4), it is expected that the
Claimant prove the allegation that the money is owed.

5. On the alternative, if the Claimant is an assignee of a debt,
it is denied that the Claimant has the right to lay a claim due to
contraventions of Section 136 of the Law of Property Act and
Section 82A of the consumer credit Act 1974.

6. By reason of the facts and matters set out above, it is denied
that the Claimant is entitled to the relief claimed or any relief.

I believe that the facts stated in this claim are true.

Much Appreciated T

[Amethyst]

3. The claimant also failed to respond to the Letter Of Claim
section 4 asking for all documents mentioned in the claim which
was dated 18/12/2017 and was returned to the claimant on the
21/12/17.

Is that about the pre-action protocols letter of claim ? I might add in that they went ahead with the claim in breach of preaction protocol for debt claims para 8.2 ) and maybe re-word as it isn't clear, ummm something like....

The Claimant sent a pre-action letter to the Defendant dated 18/12/2017, which the Defendant responded to by completing the form stating xxxxxxxxxx and requesting copies of x,x and x on the 21/12/2017. The Claimant did not respond to the Defendant nor give any further notice of their intention to start court proceedings contrary to para 8.2 of the Pre-Action Protocol for Debt Claims. The claim was issued 29/1/18.

from the pre-action protocol...

8.2 Where the debtor has responded to the Letter of Claim but agreement has not been reached, the creditor should give the debtor at least 14 days

’notice of their intention to start court proceedings, unless there are exceptional circumstances in which urgent action is required (for example,because the limitation period is about to expire).

Also, if you still have no knowledge of any contract you had with O2 in 2008, I might be inclined to mention that in your defence.

They state the last time a payment was made to the o2 aaccount was in september 2012

There is also a default on my experian account registered but it also states that the account was settled in early 2013.

HAve you managed to get any details from O2 at all - or checked bank account for payments made in sept 2012?