Help County court summons Lowell & O2

[pitbull10]

Hello All

help needed, I have written a full report went to post it and error popped up and it lost, I have posted this to try again before I write out the hole thing again.

pitbull10

[pitbull10]

Re: Help County court summons Lowell & O2

Hi All

We got a CC summons from Lowell claiming we owe O2 £680 on a mobile contract.
We filed a defence of WE HAVE NO Contract with Lowell
We sent PROVE IT
The response was
1) Endeavour to supply documents
2 The agreement is not covered by consumer credit act
3) Dead of assignment has private information and they will not be providing it.
4) we have entered a defence deal with court.

Background

My wife got me a phone for my birthday Sept 2015, the phone was faulty from day one, it would switch off and turn back on factory reset, we retuned it to shop and they said it would take a month to send it away to be fixed and could only provide a useless phone with no functions, We told them we wanted to cancel contract and go else where, as it was not fit for use and they were in breach of contract under consumer act. We have had letter and we have phoned and told them the same but they have ignored it and sent this summons.

Can anyone advise us what to do from now.

Kind Regards

Pitbull10

[pitbull10]

Re: Help County court summons Lowell & O2

Hello All

Received a letter from court today judge has ordered that they supply everything in the prove it letter by 4th December and further defence by 27th December.

IS THERE ANYONE WHO WILL GIVE SOME ADVICE

[Amethyst]

Re: Help County court summons Lowell & O2

The judge has ordered the claimant provide documents - has he listed specific documents? any sanction on the order for if they fail to comply ?

In your defence did you just go on lack of documents / evidence or bring up the background facts of the case ( re the non working phone and cancellation ) ?

[pitbull10]

Re: Help County court summons Lowell & O2

Hello Amethyst

Judge ordered
1) claimant shall file and serve on other party the following by 4th December
a) copy of original agreement b) copy of each and every notice of assignment and proof of service c) copy of default notice d) a complete breakdown of sums claimed and proof of how it is calculated.
2) if the claimant complies we can amend our defence ny 27th December
3) either party can apply to have order set aside varied or stayed

All we put for the defence was that we have no contract with Lowell and I sent a copy of the profit letter and stated I have asked for proof and they have refused, so we cannot defend the case or use mediation service

I have downloaded defence letter but I don't understand how to defend this ???

pitbull10

[nemesis45]

Re: Help County court summons Lowell & O2

Hi,
When an account/debt is sold by an original creditor the debt purchaser inherits the rights/obligations of the original agreement allowing them after giving proper notice to pursue payment.

nem

[Diana M]

Re: Help County court summons Lowell & O2

the phone was faulty from day one, it would switch off and turn back on factory reset, we retuned it to shop and they said it would take a month to send it away to be fixed and could only provide a useless phone with no functions, We told them we wanted to cancel contract and go else where

A couple of questions if I may

What happened to the handset?

Did you leave it at the shop having rejected their offer of a temporary (inferior?) handset while your handset was sent away for repair? (I assume they refused to replace it.) Or do you still have it?

If this was in September 2015 it's possible that the handset would have had a separate contract ("split tarriff") regulated by the CCA so have you sent a s 77-79 CCA Request to Lowell?

This forum has a template letter here > https://legalbeagles.info/library/gu...etter-example/

I would also send Lowell Solicitors the CPR 31.14 Request found here > https://legalbeagles.info/library/gu...-of-documents/

Di

[Diana M]

Re: Help County court summons Lowell & O2

Judge ordered
1) claimant shall file and serve on other party the following by 4th December
a) copy of original agreement b) copy of each and every notice of assignment and proof of service c) copy of default notice d) a complete breakdown of sums claimed and proof of how it is calculated.
2) if the claimant complies we can amend our defence ny 27th December
3) either party can apply to have order set aside varied or stayed

All we put for the defence was that we have no contract with Lowell and I sent a copy of the profit letter and stated I have asked for proof and they have refused

I have downloaded defence letter but I don't understand how to defend this

According to the Order which you've quoted, your Amended Defence deadline is not until 27th December so wait and see if the documents are produced by 4th December as per that court Order.

It appears to say that you may (please post/type the exact wording) file an Amended Defence if the Claimant files (at court) and serves (on you) the documents which the Judge thinks are relevant (he's specifically itemised them). It's a good list

It does not say that their claim will be struck out if they don't produce those documents, so the case will probably continue even if they don't.

However I think you may need to file an Amended Defence anyway since from what you say your Defence argued that you didn't have a contract with Lowell but doesn't address the legal issues of the contract which you did have with O2.

This is why I have suggested you send a s.77-79 CCA Request and a CPR 31.14 Request to Lowells so these issues can be raised/pleaded in your Amended Defence if necessary.

In your first post you've referred to Lowells refusing to send you the contract and Deed etc so did you ask informally ("Prove It" letter) or did you send a formal s 77-79 CCA Request together with the £1 statutory fee and a CPR 31.14 Request?

If you can also post/type the Particulars of Claim (removing anything which could identify you) that would be helpful. A Defence is a response to the POC which says what the Claimant is claiming and why they think they have the right to claim it.

Di