Lowell/O2 court claim CPR31.4 response received

[warwick65]

S82A is no longer part of the consumer credit act- it was repealed

https://www.legislation.gov.uk/ukpga...39/section/82A

You don't want to look silly by arguing non existent points of law

[Amethyst]

3) The Agreement was later assigned to the claimant on the 31/08/2013 and notice given to the defendant.

Would it be retrospective warwick65 ( I'm never sure on that change to the CCA - after 1/4/14 it would be ref to FCA CONCs instead of CCA 82a - but between 2010/11? and 2014 it would apply? ) Either way though it needs a reword.

[tomtom1]

Hi Amethyst,

Thanks for reply, Yes it was a pre court action letter of which i replied to just before christmas and had no reply until the county court letter came, I will re-edit and repost the defence here and see if it looks any better.

No reply off o2 as yet but i have emailed the person dealing with my sar this morning asking if he can give me any specific information i ask for as he has been good in replying quickly whilst applying for it over the last couple of weeks.

Thanks T

[tomtom1]

Edited a little should i add regarding the notice of assignment as i believe it is equitable assignment and not served(after reading threads/posts)

1.I received the claim ********* from the Northampton County Court
on the 31/1/18.

2. Paragraph 1 is 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.

3. Paragraph 1 is denied and there is no knowledge with regards to
the Defendant owing any monies to the Claimant nor O2 UK LTD and
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;

4. The Claimant sent a pre-action letter to the Defendant dated
18/12/2017, Of which the Defendant responded to by completing the
form stating and requesting copies of all bullet point documents
in box I of section 4 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 paragraph 8.2 of
the Pre-Action Protocol for Debt Claims. The claim was issued on
the 29/1/2018.

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

6. 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.

7. 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.

STATEMENT OF TRUTH

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

Much Appreciated T

[Amethyst]

copies of all bullet point documents
in box I of section 4 on the 21/12/2017.

I might list them as you put on the form...

[tomtom1]

Will do, really do appreciate yours and anyone elses replies and input. Thank You

[tomtom1]

REVISED DEFENCE

1.I received the claim ****** from the Northampton County Court
on the 31/1/18.

2. Paragraph 1 is 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.

3. Paragraph 1 is denied and there is no knowledge with regards to
the Defendant owing any monies to the Claimant nor O2 UK LTD and
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;

4. The Claimant sent a pre-action letter to the Defendant dated
18/12/2017, Of which the Defendant responded to to the letter on
the 21/12/2017 by completing the form stating and requesting
copies of:
(a)the original agreement,
(b) A full statement of account including details of all interest
and charges included on the outstanding balance of the debt
explaining how they have been calculated, and any payments already
made to toward the debt,
(c) A calculation of interest claimed
(d) A description of the nature and amount of any administrative
carges included in the debt,
(e) A copy of the notice of assignment of the debt.
The Claimant did not respond to the Defendant nor give any further
notice of their intention to start court proceedings contrary to
paragraph 8.2 of the Pre-Action Protocol for Debt Claims. The
claim was issued on the 29/1/2018.

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

6. 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.

7. 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.

STATEMENT OF TRUTH

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

[Amethyst]

Much better IMO warwick65 ?

[warwick65]

From what I see and from a non legally educated eye looks better.

My worry before was in arguing a point you may not fully understand, although you may.

[tomtom1]

received my s.a.r last week which i know 110% now my ex wife took out the phone as it was pink and she stopped paying around the same time i threw her out after finding out she had me off for nearly 10k whilst i was looking after my mother who was terminally ill.

Filed defence as stated above and i have received the following letter off lowell, Any advice what to reply to them or what i should look for on the s.a.r.

As you have filed a defence, this matter is now progressing through the small claims track.

Our client is keen to resolve this matter amicably with you before it reaches a court hearing, saving costs and time for both parties.

Our client is keen to resolve the matter amicably and will consider payment proposals you put forward. Please contact our office on the number above to discuss this further.

[Amethyst]

Did she take the contract out in your name? Was it opened online as far as you can see ? did they send a copy of the application/agreement etc ? Was there a credit agreement for the actual handset or was it just a data/airtime contract with a 'free' phone?

[tomtom1]

Hi again Amethyst,

Yes it was online she took it out, Still trying to figure it all out really as it all looks flung together and jumbled up. Never had an s.a.r before or been through this so still trying to figure out what i'm looking for.

Cheers T

[Amethyst]

Well, you have found out what the debt is and how it was taken out.
After your wife left did you receive no letters at all about the contract or debt, no bills or demands etc ?
The SAR shows transactions? does it show where the payments made were from - bank account/card number etc ?
Also can you see if the phone was a credit agreement on its own, or included in the airtime contract ?
Is there any default notice, notice of assignment?

Remember only you have that SAR info, so you know what documentation might become available, Lowell haven't yet provided any documents to evidence their case at all, so IF they did, you already know what the flaws might be to argue against it.

A case where a husband had taken out debts in his wifes name has just been 'allowed to be struck out' 'on a commercial basis' so that thread may be of some help - http://legalbeagles.info/forums/foru...bt-was-husband

[tomtom1]

Morning Amethyst,

Sorry for the delay in replying was working on the girlfriends car all weekend whilst the sun was out,

When the phone was first took out in 2008 it has on the s.a.r Credit Class = Consumer DD/CCA High risk online billing(RESTRICTED). whatever that means lol but the phone was upgraded online in 2010 for another phone and it has credit check not done.

It shows on the s.a.r our old joint bank account details,

I did not receive anything which is strange but she was still visiting the house frequently to take or son to school etc as i had custody of our son who would of been around 4 at the time, The default notice would of probably arrived when i had already moved out of my old house also looking at the dates.

It does not look like there is a default notice on the s.a.r but there is a section that says details passed to collection agency lowell in august 2013

Cheers T

[tomtom1]

I also received the court N180 forms on saturday, Do i need to send lowell a photocopy of them or just return to the courts.

Just researched on here i need to send them a copy. i have just emailed the courts theirs and will also post one as i had a return email saying they are having phone line problems.

Cheers T