Help needed with Defence for Lowell Court Claim

[jakebiz12]

I have received a claim for a Lowell debt from 2 credit cards and a mobile phone as set out below:

Received a claim? Yes
Issue Date: 1/7/22
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : £1425.57
Claimant’s Name: Lowell
Solicitors Firm: Overdales
Original Creditor: O2, Vanquis, Capitol One
Original Debt (eg. Credit card/Loan/Overdraft) : Mobile phone credit cards
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):

1. The Claim comprises the following Agreements the Defendant entered into:

1. Telefonica xxxx and current balance £88.96
2. Capital One (Europe) plc with ref xxxx and current balance £730.13
3. Vanquis bank with reference: xxxx and current balance of £352.73

The agreements were terminated as payments were not maintained and subsequently assigned to the claimant.
And the claimant claims:

1. The total of said sums being £1171.82
2. Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of the assignment to the date of issues, but limited to one year being £93.75
3. Costs.

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): 02 one yes
List any letters you have sent (eg: CCA/ CPR ): I have not been able to do this yet as I’m struggling to get a printer and postal order am due to sort this out tomorrow.
Any Other Information or Background Details: I have received the letter before claim and have been sent copies of CCA and default notice and notice of assignment as part of this process.

And the claimant claims:
I have defended one of these once before and was successful but i am not sure what i can do to defend this.
1. the mobile date is statute bared - last payment was December 2014
the two credit card debts are not and i have been sent copies of the assignment, CCA and Default as part of the pre action and they seem legit to me so i am not sure what defence i can put?
I am also ware i am running out of time so i wondered:
1. am I entitled to email request for the CPR and CCA? they have already provided me with this information so can i request again?
2. can i request for more for the defence as i have been having difficulties getting a printer and a PO sorted?

Thanks in advance.

[echat11]

Hi Jake

Can you edit your post to remove, card details, replace with XXXXXXXXXXXXXXXXXXXXXXXXXX.

[echat11]

a) 1. the mobile date is statute bared - last payment was December 2014

Provided no payment or written communications admitting the debt in the last 6 years, then the debt is statute barred.

b) the two credit card debts are not and i have been sent copies of the assignment, CCA and Default as part of the pre action and they seem legit to me so i am not sure what defence i can put?

You need to go through the CCA agreements to see if they are compliant, do they contain all the information they should?
are they reconstructed or originals? has the agreement been 'varied'?

I am also ware i am running out of time so i wondered:

c) am I entitled to email request for the CPR and CCA? they have already provided me with this information so can i request again?

Yes email them to request as part of the CPR and CCA protocols (it might be the same information, but they still need to comply with your request). The CCA 1974 only applies to the credit card accounts, not the 02 account. So just write a letter requesting a copy of the 02 agreement.

d) can i request for more for the defence as i have been having difficulties getting a printer and a PO sorted?

Don't understand this bit.

e) This is an example defence, you should have all the information, so start working on it.

https://legalbeagles.info/library/gu...-court-claims/

You need to work out the date that your defence needs to be lodged with Court and their solicitors, note it in your diary, 14 + 14 + 5 days postal, but try to get it done within the 28 days.

[jakebiz12]

HI thanks for the quick reply.
My point on e. was can i request an extension on the date for the defence to be filled due to me not being able to get a Postal Order to request the CCA? i don't have a cheque book and don't live near a post office so its not easy to sort out due to work ect.

Also i can't seem to find the edit button?

[echat11]

HI thanks for the quick reply.
My point on e. was can i request an extension on the date for the defence to be filled due to me not being able to get a Postal Order to request the CCA? i don't have a cheque book and don't live near a post office so its not easy to sort out due to work ect.

Also i can't seem to find the edit button?

Regards e) If you can get consent from Overdales / Lowells, then they may give you an extension, send an email to both, make sure they send you a confirmation email, explain that you can't get to Post Office, due to work commitments. Keep the letter brief.

I've reported the edit issue to Admin

Celestine

ULA

[jakebiz12]

i had a couple of questions:

1. the POC don't specify any documents so does that mean i am unable to request them as part of my request?
2. can a post a copy of the CCA i do have for an opinion if they look compliant? i've has look but don't know what i'm looking for.

[echat11]

i had a couple of questions:

1. the POC don't specify any documents so does that mean i am unable to request them as part of my request?
2. can a post a copy of the CCA i do have for an opinion if they look compliant? i've has look but don't know what i'm looking for.

1. the POC don't specify any documents so does that mean i am unable to request them as part of my request?

Agreements, assignment and termination, so ask for Agreements, Notice of Assignment and Default Notices.

2. can a post a copy of the CCA i do have for an opinion if they look compliant? i've has look but don't know what i'm looking for.

Have a look at the following - https://www.handbook.fca.org.uk/handbook/CONC/13/1.html

[ULA]

Card details removed