Lowell / Overdale Claim - SKY UK

[PEhearn]

Hi,

I have recieved a court claim from Overdale Solictiotors , for an old SKY broadband account.
I had requested further information from Lowell back in JAN 2021 on this , Initally by a CCA request to which they apparently responded via letter. I didnt get this in the post however today I got them to email me a digital copy. I assumed they had just forgotten about this as could provide me with anything .
In their response they say that as this was in relation to service agreement and not a credit agreement they did not have to provide me with anything.
Fast forward to March 2023 and I now have a court claim for a CCJ for the vert small £237.02 balance I apparently owe sky back from my old account with them which start in 2010 , ending in Jan 2018.

I plan to defend this claim and I am about to make a request - CPR 31.14 Request for inspection of documents disclosed in SOC

However the part I am unsure of is the last part ......

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, XX XXXX 201X.

Do i include this paragraph ? Do i include £1? I am really confused.

[echat11]

Hi Pehearn

Welcome to LB

What document have you received from the Court (I now have a court claim for a CCJ) ?

Your service agreement with Sky isn't covered by the Consumer Credit Act 1974.

So you simply need to request a copy of your service agreement by using CPR31.14.

Copy and paste the answers back to this thread (remove all personal details)

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

[PEhearn]

Hello, Thank you for the welcome.

What document have you received from the Court (I now have a court claim for a CCJ) ? I have received a claim form, in the county court busines centre.

Your service agreement with Sky isn't covered by the Consumer Credit Act 1974. Yes I have recently realised this.

So you simply need to request a copy of your service agreement by using CPR31.14. Yes I have completed this request today and sending to Overdales solicitors

Copy and paste the answers back to this thread (remove all personal details)

Received a claim? Yes
Issue Date: 13th MARCH 2023
Have you Acknowledged the Claim?: YES
Total Amount Claimed : £300.00
Claimant’s Name: LOWELL PORTFOLIO LTD
Solicitors Firm: OVERDALES SOLICITORS
Original Creditor: SKY UK LIMITED
Original Debt (eg. Credit card/Loan/Overdraft) : £200.00
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):

THE CLAIM IS FOR THE SUM OF £219.46 DUE BY THE DEFENDANT UNDER A SKY UK LIMITED ACCOUNT WITH AN ACCOUNT REFERENCE OF XXXXXXXXX
THE DEFENDANT FAILED TO MAINTAIN CONTRACTUAL PAYMENTS REQUIRED UNDER THE TERMS OF THE ACCOUNT AGREEMENT.
THE DEBT WAS LEGALLY ASSIGNED TO THE CLAIMANT ON 21-11-19, NOTICE OF WHICH HAS BEEN GIVEN TO THE DEFENDANT.
THE CLAIM INCLUDES STATUTORY INTEREST UNDER S.69 OF THE COUNTY COURTS ACT 1984 AT A RATE OF 8% PER ANNUM FROM THE DATE OF ASSIGNMENT TO THE DATE OF ISSUE OF THESE PROCEEDINGS IN THE SUM OF £17.56.
THE CLAIMANT CLAIMS THE SUM OF £237.02

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): REQUESTED CCA LETTER BACK IN JAN 2021
List any letters you have sent (eg: CCA/ CPR ): SENDING CPR31.14.

Any Other Information or Background Details: ACCOUNT WAS WITH SKY, OPENED IN 2010 , CLOSED IN 2018.

[echat11]

Because you have Acknowledged the Service of the claim, you have 14 + 14 days (5 days postal) from the date on the claim to lodge your defence with the Court and Claimant. You need to work out when you defence is due, make sure it's not late, make a note of the date.

a) I would send Sky a Subject Access Request, see if there's anything in the data they send back, it covers a 6 year period. They have 30 days to respond to your request. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

b) The following is an example defence, remove all references to the Consumer Credit Act 1974. It needs to be amended to reflect that it's a Service Agreement. Don't send it off, you can start working on it, see if they send the requested documentation.

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

[PEhearn]

oK THANK YOU.

I am just trying to ensure i have my dates correct. Issue date on the claim for is 13th March. Acknowledged the Service I actioned today 20th March. So does this mean i have 14 + 14 + 5 days from 13th March ?

I will send Sky a Subject Access Request .

[PEhearn]

Regarding the subject access request to Sky UK LTD.

Please supply the data about me that I am entitled to under data protection law relating to myself.

[ if there are specific things you want to know put them in here otherwise remove this] ------ Would you recommend I request anything specific ?

[echat11]

oK THANK YOU.

I am just trying to ensure i have my dates correct. Issue date on the claim for is 13th March. Acknowledged the Service I actioned today 20th March. So does this mean i have 14 + 14 + 5 days from 13th March ?

I will send Sky a Subject Access Request .

Yes, from the 13th March, try to get it within the 28 days. The defence can be filed online via MCOL platform.

[echat11]

Regarding the subject access request to Sky UK LTD.

Please supply the data about me that I am entitled to under data protection law relating to myself.

[ if there are specific things you want to know put them in here otherwise remove this] ------ Would you recommend I request anything specific ?

No, you just want everything, so 'all data under your name and address'. It might be an idea to include all your addresses whilst you had the Sky Account.

[PEhearn]

Good Afternoon,

I sent a CPR31.14. to Overdale Solicitors on March 21st , recorded delivery. I still have not heard anything back. in regards to this . However they sent me a 'notice of pending county court judgement letter' dated 4th April 2023 , seems as a last attempt to get me to pay.
I am concerned as need to complete next steps fro defence.

[echat11]

Good Afternoon,

I sent a CPR31.14. to Overdale Solicitors on March 21st , recorded delivery. I still have not heard anything back. in regards to this . However they sent me a 'notice of pending county court judgement letter' dated 4th April 2023 , seems as a last attempt to get me to pay.
I am concerned as need to complete next steps fro defence.

The following is an example defence, remove all references to the Consumer Credit Act 1974. It needs to be amended to reflect that it's a Service Agreement. Don't send it off, you can start working on it, see if they send the requested documentation. Copy and paste it back onto the thread without personal details, I can take a look and suggest amendments.

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

[PEhearn]

The following is an example defence, remove all references to the Consumer Credit Act 1974. It needs to be amended to reflect that it's a Service Agreement. Don't send it off, you can start working on it, see if they send the requested documentation. Copy and paste it back onto the thread without personal details, I can take a look and suggest amendments.

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

Please see the defence I have so far ...




NORTHAMPTON COUNTY COURT (CCBC)

Claim No: XXXXXXXX

Lowell Portfolio I Ltd

Claimant

And

DEFENDANT NAME

Defendant

1.The Defendant received the claim XXXXX from the Northampton County Court on 18^th March 2023.

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 payments required under a contractual agreement with Sky UK Limited.

4.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with

regards the claim.


5.The Claimant’s Particulars of Claim fail to state when the

agreement was entered into.


6.The Claimants statement of case states that the account was assigned from Sky UK Limited to Lowell on 21^st Nov 2019. The Defendant does not recall receiving notice of this assignment.

7.On the 21/03/2023 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under
Civil Procedure Rule 31.14 to Overdales Solicitors, I requested the Claimant provide copies of the Account Agreement, Contractual Agreement and Service Agreement.

8.Overdales Solicitors have not sent any of these documents to the
Defendant.

9.The Defendant respectfully requests the court orders the
Claimants to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out.

10.In the event that the relevant documents are received from the
Claimant, the Defendant will then be in a position to amend her
defence, and would ask that the Claimants bear the costs of the
amendment.

11.Statement of Truth
I believe that the facts
stated in this defence are true.I understand that
proceedings for contempt of court may be brought against anyone

who makes, or causes to be made, a false statement in a document

verified by a statement of truth without an honest belief in its
truth.

Signed ________________________________


Dated ________________________________

[PEhearn]

Should I also include -
15.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.

[PEhearn]

My Latest Draft -


NORTHAMPTON COUNTY COURT (CCBC)
Claim No: XXXXXXX

Lowell Portfolio I Ltd

Claimant


And


xxxxxxxxxxxxxxxxx
Defendant

1.The Defendant received the claim xxxxxxxx from the Northampton County Court on 18^th March 2023.

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 payments required under a contractual service agreement with Sky UK Limited.


4.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5.The Claimant’s Particulars of Claim fail to state when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned from Sky UK Limited to Lowell on 21^st Nov 2019. The Defendant does not recall receiving notice of this assignment.

7.On the 21/03/2023 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Overdales Solicitors. I requested the Claimant provide copies of the Account Agreement, Contractual Agreement and Service Agreement.

8.Overdales Solicitors have not sent any of these documents to the Defendant.

9.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out.

10.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.


11.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the
amendment.


13.It is denied that the Claimant is entitled to the relief as claimed or at all.


Statement of Truth

I believe that the facts stated in this defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its
truth.

Signed ______________________________


Dated ________________________

[echat11]

Amend to the following:

1. Should read 13th March, not 18th March.

4. (include) It is admitted that the Defendant has previously entered into service agreement with Sky UK Ltd.

7. I requested the Claimant provide copies of the Service Agreement / Terms and Condition, Statement of Account, Letter of Assignment and default notice.

Renumber all 1 - 13.