County Court Claim, Lowell

[sparkie400]

County Court Claim, Lowell

Today, 16:22:PM
Received a claim? Yes
Issue Date: 05/10/20
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : £250
Claimant’s Name: Lowell Solicitors
Solicitors Firm: As Above
Original Creditor: Three Telecom
Original Debt Aledgedly £161
Particulars of Claim: Claiment maintains i entered into an agreement with Three (correct), Failed to maintain payment (Incorrect!! with statments to prove all payments made) service terminated and charges added Total £161.45
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Not sure
List any letters you have sent (eg: CCA/ CPR ): None as yet awaiting advice
Any Other Information or Background Details:
Added particularsof claim
1) The defendant entered into an agreement with Three Mobile under account reference xxxxxxx ( 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 by Hutchinson 3G UK Ltd on 02/04/2019 and notice given to the defendant.
4)Despite repeated requests for payment, the sum of £161.45 remains due and outstanding.
And the Claimant Claims
a)The said sum of £161.45
b)Interest pursuant to s69 County Court Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue, accruing at
a daily rate of £0.035, but limited to one year, being£12.92
c)costs


In December 2103 i entered into an agreement/contract with 3 telecom to purchase an ipad and airtime, an initial payment of approx £119 and 24month term of £29.99, all payments were paid by direct debit, i have bank statements to prove, i have had no contact, email or other from 3 telecom at any time to say why these charges have been added or that the account is in default.
The 1st i knew was a letter from lowell in early 2018, 3 yrs after my agreement ended which i ignored but i called Three, they said the account was no longer with them, other letters followed then I received a call from someone who initially made out that they were 3 telecom after payment of the said amount, I got frustrated as the guy just kept asking how i would like to pay but at no time could answer the question of why there were these charges as account was fully paid, after some persistence he then said he was representing three but wasnt three, I ended the call suggesting he go back to three to find more information as i totally disagreed with his claim.
over time more letters arrived, then a notice of court action and then nothing...for maybe 12 months but recently more letters and now they have issued a claim, yesterday i recieved a call and answered from lowell Solicitors, again asking how id like to pay the Now £250?, when i said i had had a conversation stating i didnt owe he too wasnt interested, asked if id had a claim, i said yes and proposed to defend it, i asked if they could provide details of original agreement and details of charges etc, and he said they didnt legally have to and that i should pay to avoid a CCj.
I maintained i didnt owe this debt and have no knowledge, but did say if they removed all information on a debt i dont owe from my credit i file i may settle...this may heve been a mistake, but he said he could only mark it as settled, when i asked why as i totally disputed and didnt owe money he just went into script, so i ended the call telling him i was prepared to see him in court and not to call again..

So far i have acknowledged claim and have read many similar situations on this TOP forum......Is it correct they can buy and chase a debt without having to give any information as to why there is a debt anyway?
Any Advice and on how to proceed ? will be gratefully received
Thankyou.
also the court papers say the agreement was assigned to lowell on 02/0419 but i have letters from them dated 12 months prior

[ostell]

So why start a duplicate thread?

[sparkie400]

Thought I’d put in wrong forum sorry

[sparkie400]

Any Advice on how to proceed please?..Not sure if this is CCA or not as they did sell an ipad not just airtime?
Thanks

[Celestine]

OK Sparkie - sounds like there is a lot going on with this account. You clearly do have a legitimate dispute with the 'Original Creditor' Three/Hutchinson.

I would urgently send Hutchinson a Subject Access Act request (template in sidebar) - They need to explain how this sum came to be in default.
In the meantime you can make CPR requests, it is hard to know whether CCA will apply but no harm in sending one and see what comes back.

In the meantime you need to defend the case in full, you will need to use our defence template and set out all the circumstances you described in your first post, but also add that you have made these statutory requests for information and reserve the right to amend your defence upon receipt of further documentation.

[sparkie400]

OK Thankyou for reply.
Im in process of doing these now, i did ask the lowell guy who phoned but he said he had no legal obligation to provide any information, which i thought odd!
The Claiment on claim is actually Lowell Portfolio, with lowell solicitors taking action, i will send to both and SAR to Three Telecom..
is it advisable to send all mail 'Recorded Delivery' ?

[MIKE770]

get signature every time and keep copy as proof of posting is not proof of receipt, some argue different but experience has shown a fact not may be! I have just proven yet again this point , this time with FCA stating non delivery and I proved time/date/who signed, funny within a week they found it from 5 months ago! after they state never seen anything> it is signed for these days same thing different heading may be Royal Mail have trouble spelling long words! lol

[sparkie400]

Ok, After looking at the CPR31.14 Form Im a little confused what to ask for ? it says if in doubt to post and ask advice
This is what is on front of claim

1) The defendant entered into an agreement with Three Mobile under account reference xxxxxxx ( 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 by Hutchinson 3G UK Ltd on 02/04/2019 and notice given to the defendant.
4)Despite repeated requests for payment, the sum of £161.45 remains due and outstanding.
And the Claimant Claims
a)The said sum of £161.45
b)Interest pursuant to s69 County Court Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue, accruing at
a daily rate of £0.035, but limited to one year, being£12.92

So i ask for 1)24 mth Agreement with Three telecom No.xxxxxxx
2) Not sure about this one, but all 24 payments were made?
3)Assignment Notice

Thanks.

[sparkie400]

Good Afternoon,
just an update, letters sent
could someone tell me the time constraints please, How long i have to file defence after responding to defend claim?
is it 28days from date of claim or response to defend?
trying to work my dates out
original letter dated 5th /10/20 but believe this will be taken as 10th as it came in post?

regards

[MIKE770]

Check dates

[sparkie400]

Check dates?

[MIKE770]

click and enter the dates they ask it tells you latest to get defence etc in by

[sparkie400]

OK Thankyou, will give a go now
All Letters sent and delivered with proof, I have printed and added to my file!

Also i have trawled through my filing cab and have actually found a letter from 'Three' dated September 2016 notifying me of a final bill, it says they closed my account on 8/09/2016 with a balance of £26 plus an Involuntary Cancellation fee of £135.45 Total £161.45
I seem to remember calling them for an explanation and girl said she would look into it, As Agreement was 24 month from Dec '13 , ending dec 2015 all payments made, and called to discontinue, maybe the £26 is from last payment to cancellation, but i had honored the minimum term of 24 mnths, I had no contact either way with 'Three' after this

Any Views on this?? or anybody else experienced this with 'Three'
regards

[sparkie400]

Good Afternoon,
I am just preparing my defence, as i acknowledge i had an account but dispute this went into default do i list this on the defence on item '4' on your sample defence?
think i have this covered but would appreciate guidance, i intend to submit later today
regards

[sparkie400]

OK, here is a copy of my defence based on your example and of others on forum, could someone PLEASE give this the once over before i submit?
seems to have gone quiet on this site for advice :-(....

1. I received the claim G5HK1F35 from the County Court Business Centre in Northampton on or around 10/10/2020, dated 05/10/2020.
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. This claim appears to be for an alleged debt owed under an agreement between ‘Three Mobile’ and myself. The Claimant's Particulars of Claim are very vague and does not appear to be compliant with CPR 16.
4. I did have an Ipad and airtime agreement that used the ‘Three’ network some years ago. I believe this was in December 2013, however as the Claimant has not stated the date the agreement was entered into in their Statement of Case, and I do not recognise the account number they have given, it is impossible for me to say for certain.
5. The Claimants statement of case states that the agreement was assigned to Lowell Portfolio Ltd on 02/04/2019 by ‘Hutchinson 3G UK Ltd’ and notice given, I do not recall receiving a notice of assignment. I put the Claimant to strict proof of legal assignment of the agreement from ‘Hutchinson 3G UK Ltd’ to Lowell Portfolio Ltd.
6. The Claimants statement of case states that I failed to maintain payments and the agreement was terminated. They do not give any detail of the terms of the agreement, what payments were not made or when the account defaulted or was terminated,. They should also evidence any charges that might have been added to the account. They are put to strict proof.
7. On the 28/10/2020 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors. I requested the Claimant provide copies of the agreement with , ‘Hutchinson 3G UK Ltd’, Default or termination Notice,/Notice of Assignment and a Full breakdown of the sum being claimed.
8. Lowell Solicitors Ltd has not sent any of these documents to me.
9. In that letter I also asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have have failed to respond at all.
10. Additionally, on 28/10/2020 I sent a Subject Access Request under the Data Protection Act /GDPR to ‘Hutchinson 3G UK Ltd’ to try and find out more about this alleged debt and agreement. I am awaiting a response from them.
11. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
12. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
13. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
14. It is denied that the Claimant is entitled to the relief as claimed or at all.

Patiently awaiting reply

Regards...