Lowell Claim Form letter for debt I don't owe...

[MIKE770]

they can get both on CRA files no doubt, they need to be sure they are talking to the right person, the way you are going then the outcome could go wrong

[Amethyst]

Does anything show on your credit file for this debt at all ? Anything from BT or Lowell ?

[ilikecake]

PS I sent a CPR 31.14 letter to Lowells but didn't send a CCA, should I do that now or are the two inclusive?

[ilikecake]

Does anything show on your credit file for this debt at all ? Anything from BT or Lowell ?

How do I best check this?

[MIKE770]

clearscore or

Noddle are free to use just go to website and fill in your details and you will see what is recorded

[jaguarsuk]

PS I sent a CPR 31.14 letter to Lowells but didn't send a CCA, should I do that now or are the two inclusive?

No point sending a CCA letter as there is no credit agreement under the Consumer Credit Act 1974 for telecommunications contracts, hence why they stated such.

However, they still need to demonstrate the contract you did enter into with BT which is just a non regulated agreement between you as if they can't how can a judge decide whether you ever entered into one and under what terms.

[Amethyst]

Unless there was a linked device purchase on credit of course.

[ilikecake]

Does anything show on your credit file for this debt at all ? Anything from BT or Lowell ?

I checked on Noddle and there is nothing in there referencing unpaid debt to either company, just my current outstanding loans.

[ilikecake]

Unless there was a linked device purchase on credit of course.

The only documents they gave me were a collection of old letters they purported to have sent, none from BT detailing any outstanding debts, the last of which says when I enterred into the agreement on 11/2/13 and the fact I failed to pay after it was terminated on 27 March 2017. It also says that notice of the assignment has previously been given and I may request a copy of the agreement on the enclosed Reply form (which isn't included). Which is strange as they just told me that they don't have a copy of the agreement.

[jaguarsuk]

It also says that notice of the assignment has previously been given and I may request a copy of the agreement on the enclosed Reply form (which isn't included). Which is strange as they just told me that they don't have a copy of the agreement.

That would be a letter before action and when originally sent it would have had to have the forms enclosed. It's a standard template and they don't even check at that stage whether they have what they need as they hope you'll just admit it and pay up.

They wouldn't include those forms with a copy of the letter at this stage as a claim has been filed.

[ilikecake]

Thanks for your continued help on this one. I have just constructed my defense, could someone cast an eye over it to check all is OK (I'm unsure of point 9 & 10)?


DEFENCE

1. I received the claim xxxxxxxxfrom the Northampton County Court on 05/06/2018
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 a telecommunications agreement regulated under the Consumer Credit Act 1974.
4. It is denied that the Defendant has previously entered into an agreement with BTPLCfor provision of credit.
5. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
6. It is denied that BTPLCserved any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
7. On the06/06/2018I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors Limited. I requested the Claimant provide copies of the Agreement.
8. Lowell Solicitors Limitedhas not sent any of these documents to me, the reasoning being that “as this is a former telecommunications matter it is not regulated by the Consumer Credit Act 1974, the original creditor is therefore not required to retain a copy of the agreement. Subsequently, we are unable to request a copy of this document.”
9. On the 06/06/2018I sent a formal request for a copy of the original agreement to Lowell Solicitors Limitedpursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.
10. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.
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.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Signed ________________________________

Dated ________________________________

[ilikecake]

OK sorry to keep asking questions but will this be likely to cost me anything? It’s just I have a holiday planned at around the time that the 28 limit is up and I don’t want to have the worry of unopened letters waiting for me as I’m away for over a week. Ie Is it just worth paying?

[jaguarsuk]

OK sorry to keep asking questions but will this be likely to cost me anything? It’s just I have a holiday planned at around the time that the 28 limit is up and I don’t want to have the worry of unopened letters waiting for me as I’m away for over a week. Ie Is it just worth paying?

When you file a defence it'll take the court wheels over a week to turn let alone send correspondence, so I wouldn't worry. Plus you usually have 14 days to reply to any correspondence and thus would pick it up on your return, post an update here and then respond within time anyway.

[ilikecake]

Thanks a lot mate. So should I file my defense as late as possible to give me more time?

[jaguarsuk]

Thanks a lot mate. So should I file my defense as late as possible to give me more time?

What date do you go on Holiday?