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

[jaguarsuk]

I have had a look at your Defence and made a couple of amendments.

DEFENCE

1. I received the claim xxxxxxxx from 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.
4. It is denied that the Defendant has ever entered into an agreement with BT PLC for their services.
5. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
6. On the 06/06/2018 I 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 with BTC PLC under account reference XXXXXXXXXX" and "notice given to the Defendant" of assignment.
7. Lowell Solicitors Limited has 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.”
8. If the Claimant seeks the court to make an order based on the Defendant entering into "an agreement with BTC PLC under account reference xxxxxxxxxxxxx ('the Agreement')" the Defendant shall require the Claimant supply said agreement.
9. It is averred by the Defendant that no such agreement exists as he has never entered into one.
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. 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.
12. 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.
13. 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 ________________________________

If you send the letter in post #6 then para 6 above is correct. If you only asked for "Agreement" in the 31.14 letter then reinstate that to para 6.

[ilikecake]

From the 7th July-16th

[jaguarsuk]

From the 7th July-16th

File it on the 2nd then as that's beyond any deadlines they have to send documents and a couple of days before your holiday so know it's definitely before the deadline and you don't have anything to spoil the run up to your holiday.

[ilikecake]

Great, thanks for checking the defence too, I owe you a drink or two

[ilikecake]

I am just about to file the defence on the moneyclaim website and have just one question:

I said in paragraph 7 that Lowell hasn't sent any documents to me but there a copy they sent that says 'This letter is intended to give you formal notice...'. Would that mean I have to change paragraph 7 to 'they haven't sent the agreement document'?

[ilikecake]

Ok so I now have a copy of the Directions Questionnaire for small claims track that Lowell Solicitors have filled in. In it they have ticked yes to the ‘Do you agree to this case being referred to the small claims meditation service?’

What exactly is this and how should I proceed? I haven’t received any questionnaire myself yet.

Thanks

[MIKE770]

small claims mediation service - agree (YES) to that the court should send a form soon to fill in and return to court

[ilikecake]

Does that not imply I am happy to pay some of the debt?

[MIKE770]

Does that not imply I am happy to pay some of the debt?

No just shows willing to try and sort put without using courts time - but of course no admittance there, i.e If you asked for documents and they fail to send by then, they will ask you do you have all the information to continue mediation - if not you say NO - mediation cannot take place as the other side fails to deliver and the case goes back to court for the next stage. but for now say YES to mediation when you get the court form

[jaguarsuk]

Ok so I now have a copy of the Directions Questionnaire for small claims track that Lowell Solicitors have filled in. In it they have ticked yes to the ‘Do you agree to this case being referred to the small claims meditation service?’

What exactly is this and how should I proceed? I haven’t received any questionnaire myself yet.

Thanks

I hope you had a good holiday?

It is court process that you must copy and serve on all parties the documents, so this is them doing just that.

You will get the same soon and will have to complete it, then serve.

When you come to fill it in:

A1 tick yes for mediation, you need to appear to be trying to be reasonable and it is also incumbent upon you to try to settle the claim without need of a hearing.

Mediation takes place by phone and you won't be in a conference call with them or their solicitor. It's a one hour appointment where the mediator will ring you to get your views and then ring them to hear theirs, then go back and forth throughout the hour to try to settle it.

C1 tick yes, you don't want to be in the other tracks with their costs implications.

D1 you should put the name and address of your local court (find here) and "Defendants Home Court persuant to CPR 26.2A(3)."

D2 tick no because there's no expert witnesses.

D3 put 1 if just you or however many you might call to testify plus 1 for you.

[ilikecake]

The holiday was great thanks, super weather.

Thanks for the help, let’s hope it doesn’t get to court although I can’t see them backing down at this stage even though they don’t appear to have any concrete evidence against me.

[jaguarsuk]

The holiday was great thanks, super weather.

Thanks for the help, let’s hope it doesn’t get to court although I can’t see them backing down at this stage even though they don’t appear to have any concrete evidence against me.

Good stuff, yeah I am hoping for the same in the last week of August.

They will push all the way to the point they have to pay a fee without backing down, it's only when they have to look at paying the hearing fee they'll consider their options.

Even then they might pay the fee and take it all the way to the hearing hoping to source the documents, sometimes they discontinue by sending a legal rep to the hearing to do it.

I don't want to take wild stabs at what might happen as if they get the documents at any point right up to 14 days before the hearing they can submit them and it could become problematic.

[ilikecake]

I doubt they can get the documents as I don’t believe there are any.
Saying that, I am thinking when mediating of offering 1/2 of the costs just to get them off my back and stop any potential escalating/unforeseen costs...

[jaguarsuk]

I doubt they can get the documents as I don’t believe there are any.
Saying that, I am thinking when mediating of offering 1/2 of the costs just to get them off my back and stop any potential escalating/unforeseen costs...

The small claims track limits their costs to the court fees of the claim.

Only unreasonable conduct would amount to a high costs award and so far they are the ones heading that way filing a claim without having the documents to be able is an abuse of process.

This is your claim and of course you must conduct it how you see fit, so if you feel you wish to offer settlement at mediation that is your decision to make.

[ilikecake]

I do want to fight it as I think it’s a winnable case however as I’m not in work currently it makes the mounting costs seem more daunting and am not sure how I’d fair in court (I’m guessing pretty abysmally) even if I was onto a winner.

Saying that, I think I’ll keep plugging on and if the mediation doesn’t work I’ll just have to man up. Are lawyers advised and if so how much would I be looking at approx for a relarively simple case?

Thanks