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Advice for defence please - LOWELL
Received a claim? Yes
Issue Date: 24 Jan 2018
Amount approx: £590.38 (court fee £60, Legal rep costs £70) TOTAL £720.38
Claimant: Lowell Portfolio Ltd
Solicitor: Lowell Solicitors Ltd
Original Creditor: EE Limited (formerly T-Mobile UK Ltd)
Particulars of Claim:
1) The defendant entered into an agreement with EE Limited (formerly T-Mobile UK Ltd) under account reference XXXXXXXXX ('the agreement').
2) The defendant failed to maintain the required payments and the service was termintated.
3)The agreement was later assigned to the claimant on 30/06/2014 and notice given to the defendant.
4) Despite repeated requests for payment, the sum of £546.65 remains due and outstanding.
And the climate claims
a)The said sum of £546.65
b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.120, but limited to one year being £43.73
c)Costs
Is the debt Statute Barred? No
List any letters you have sent: CPR 31.14 and CCA request (no response to date)
Any Other Info:
Hi Guys
Could anyone advise if this defence (below) is correct in addressing all the necessary points, and correctly worded - basically I'm unsure of what the sum/debt is made up of and Lowell haven't responded to my CPR request nor the CCA (I cannot remember if the agreement was made up of a handset) so sent the CCA request just in case. I have to file defence before 21/2/18.
1.The Defendant contends that the particulars of claim xxxxxxxx are vague and generic in nature.
2.The Defendant accordingly sets out its case below and relies on CPR 16.5(3) in relation to any particular allegation to which a specific response has not been made.
3.Paragraph 1 is accepted insofar that a relationship did exist between the Defendant and T-Mobile UK LTD however, I cannot recall this agreement and I am unaware of what debt the Claimant refers to.
4.Paragraph 3 is denied. The defendant is unaware of any legal notice of assignment or Notice of Assignment pursuant to Law and property Act 1925 Section 136(1).
5.The Claimants particulars of claim fails to give adequate information to enable me to properly assess my position with regards to the claim.
6.I have requested information pertaining to the Claimants claim by a request for inspection of documents mentioned in the claimant’s particulars of case under Civil Procedure Rule 31.14 sent to LOWELL SOLICITORS LIMITED on 30.01.2018 and received on 31.01.2018.
7. LOWELL SOLICITORS LIMITED has not sent any of these documents to me.
8.I have requested a copy of any Consumer Credit Agreement from the Claimant as is my entitlement under sections 77-79 of the Consumer Credit Act 1974, request sent on 30.01.2018 along with the statutory £1 fee, the claimant received on ??????. The Claimant has failed to respond.
9.The Claimant has to date failed to provide any such documentation as detailed on the particulars of claim.
10.I have asked the Claimant to notify me in writing if they require more time in which to comply with this request to provide required documents for inspection, to allow me to assess my position in regards to the claim. I requested the Claimant notify me before the time for compliance with this request has expired.
11.The Claimant has failed to respond.
12.I request the court orders the Claimant 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 Claimant I will then be in a position to amend my defence, and would ask that the Claimant bear the costs of the amendment.
14.Therefore the defendant denies owing any money to the Claimant 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 legal right, either under statue or equity to issue a claim.
15.As per Civil Procedure Rule 16.5(4) it is expected that the Claimant prove the allegation that the money is owed.
16.Notwithstanding the above should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if the remaining contract is unlikely to be fair as it fails to take into account the fact that the provider no longer has to provide and pay for their service.
17.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 1925.
18.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
The Defendant believes that the facts stated in this Defence are true.
Signed ________________________________
Dated ________________________________
Issue Date: 24 Jan 2018
Amount approx: £590.38 (court fee £60, Legal rep costs £70) TOTAL £720.38
Claimant: Lowell Portfolio Ltd
Solicitor: Lowell Solicitors Ltd
Original Creditor: EE Limited (formerly T-Mobile UK Ltd)
Particulars of Claim:
1) The defendant entered into an agreement with EE Limited (formerly T-Mobile UK Ltd) under account reference XXXXXXXXX ('the agreement').
2) The defendant failed to maintain the required payments and the service was termintated.
3)The agreement was later assigned to the claimant on 30/06/2014 and notice given to the defendant.
4) Despite repeated requests for payment, the sum of £546.65 remains due and outstanding.
And the climate claims
a)The said sum of £546.65
b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.120, but limited to one year being £43.73
c)Costs
Is the debt Statute Barred? No
List any letters you have sent: CPR 31.14 and CCA request (no response to date)
Any Other Info:
Hi Guys
Could anyone advise if this defence (below) is correct in addressing all the necessary points, and correctly worded - basically I'm unsure of what the sum/debt is made up of and Lowell haven't responded to my CPR request nor the CCA (I cannot remember if the agreement was made up of a handset) so sent the CCA request just in case. I have to file defence before 21/2/18.
1.The Defendant contends that the particulars of claim xxxxxxxx are vague and generic in nature.
2.The Defendant accordingly sets out its case below and relies on CPR 16.5(3) in relation to any particular allegation to which a specific response has not been made.
3.Paragraph 1 is accepted insofar that a relationship did exist between the Defendant and T-Mobile UK LTD however, I cannot recall this agreement and I am unaware of what debt the Claimant refers to.
4.Paragraph 3 is denied. The defendant is unaware of any legal notice of assignment or Notice of Assignment pursuant to Law and property Act 1925 Section 136(1).
5.The Claimants particulars of claim fails to give adequate information to enable me to properly assess my position with regards to the claim.
6.I have requested information pertaining to the Claimants claim by a request for inspection of documents mentioned in the claimant’s particulars of case under Civil Procedure Rule 31.14 sent to LOWELL SOLICITORS LIMITED on 30.01.2018 and received on 31.01.2018.
7. LOWELL SOLICITORS LIMITED has not sent any of these documents to me.
8.I have requested a copy of any Consumer Credit Agreement from the Claimant as is my entitlement under sections 77-79 of the Consumer Credit Act 1974, request sent on 30.01.2018 along with the statutory £1 fee, the claimant received on ??????. The Claimant has failed to respond.
9.The Claimant has to date failed to provide any such documentation as detailed on the particulars of claim.
10.I have asked the Claimant to notify me in writing if they require more time in which to comply with this request to provide required documents for inspection, to allow me to assess my position in regards to the claim. I requested the Claimant notify me before the time for compliance with this request has expired.
11.The Claimant has failed to respond.
12.I request the court orders the Claimant 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 Claimant I will then be in a position to amend my defence, and would ask that the Claimant bear the costs of the amendment.
14.Therefore the defendant denies owing any money to the Claimant 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 legal right, either under statue or equity to issue a claim.
15.As per Civil Procedure Rule 16.5(4) it is expected that the Claimant prove the allegation that the money is owed.
16.Notwithstanding the above should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if the remaining contract is unlikely to be fair as it fails to take into account the fact that the provider no longer has to provide and pay for their service.
17.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 1925.
18.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
The Defendant believes that the facts stated in this Defence are true.
Signed ________________________________
Dated ________________________________
