DISCONTINUED Lowell portfolio vs golden wind

**goldenwind** · 17th July 2018, 11:01:AM

I should also add that the solicitor's reply to the CPR also added that "If you require further time to prepare your response please let us know as we may be able to agree a short extension to the Court time table"

As it stands since the court claim form is dated on the 26th June i think I need to prepare my defence by this weekend.

I have had no reply from Lowell in regard to the CCA and nothing from EE (orange account) in regards to the SAR. ( I send CCA,CPR,SAR letters on 11 July)

I think my best bet is to use the defence form template and base a defence around the lack of information if any I have received from Lowell for my account.

Although the solicitors response of "Documents in support of our Client's claim will be disclosed on or before disclosure as directed by the court" does sound ominous I have no idea if they are just trying to bluff in the hopes that I capitulate before the court date?

Any advise would be greatly appreciated right now.

**goldenwind** · 18th July 2018, 15:09:PM

I am going to request further time as offered by the solicitor

I have written this letter to send to them if you see any problems with it I would greatly appreciate it.

Dear Sirs

I received you letter where you informed me of your notification of Lowell Portfolio Ltd in regards to my request for documents. Disappointingly I have yet to receive any correspondence from Lowell Portfolio Ltd in relation to any of my requests.

Since the date where my defence must be submitted is nearing and since Lowell Portfolio Ltd seemingly are either unwilling or unable to provide me with the information requested I would like to request additional time so that I may amend my defence.

Yours sincerely

xxxx

**MIKE770** · 18th July 2018, 15:22:PM

doing their job for them??? they know the rules - they can once a case is in existence supply later down the line - Read other threads and get to know their missives at early stages!

your initial defence will be on such a date a request for xxx made no repose to request etc etc send letters like that and they will say a person who has limited knowledge here?
Example Defence

**goldenwind** · 18th July 2018, 15:36:PM

Thanks for replying i was just going to go and post the letter. I thought that if i sent a letter to the solicitors it may show that I was willing to give them extra time to send documents which i don't think they have and shows my willingness to accommodate for them or something. I guess that I should just concentrate on preparing an initial defence.

I also checked my credit report and no default shows up in relation to the orange account in question. Is that normal?

**MIKE770** · 18th July 2018, 15:41:PM

seems to be sit on your hands and concentrate on the defence - remember they hope for a no show hands approach they get a CCJ by default and their so called books value raises.

**goldenwind** · 18th July 2018, 15:48:PM

Ok, I'll work on finishing the defence. I'll post draft tomorrow to see what people think. Thanks for the advise

**MIKE770** · 18th July 2018, 15:57:PM

the defence is best in the day before deadline they have no chance to shatter it, post up minus identifiable names/numbers etc

**goldenwind** · 19th July 2018, 13:18:PM

Hi this is a simple draft of my defence based off the defence template, im not sure if section 3 is applicable since i've read on previous threads that cca doesnt cover mobile contracts.

Also I have checked my credit history and cannot find any mention of a default by Orange which is strange i think? So there has been no effect on my credit score and history or mention of my Orange account.

My 28 day window for defence ends on 24th July, so should i post this the day before and include proof of postage on the CCA/SAR/CPR or submit it online?

The defence seems very short and simple right now so any feedback would be greatly appreciated.

Many thanks.

---------------------------------------------------------------------------------------------------------------------------------------------------------------------------

In the Northampton County Court Business Centre

Claim No: [XXXXX]

Lowell Portfolio ltd

Lowell Portfolio ltd

And

Defendant

Defendant

DEFENCE

1.I received the claim xxxxxx from the Northampton County Court on 26th June 2018

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim is for a mobile phone contract agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with Orange for a mobile phone contract.

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

6.The Claimants statement of case states that the account was assigned from Orange to Lowell on 27/Aug/2014 . The Defendant does not recall receiving notice of this assignment.

7.It is denied that Orange served 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. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

8.On the 11 July 2018 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Cohen Cramer. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

9. Cohen Cramer has not sent any of these documents to me.

10.On the 11 July 2018 I sent a formal request for a copy of the original agreement to Lowell pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory Ł1 fee.

11.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.

12.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.

13.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.

14.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.

15.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 ________________________________

**goldenwind** · 20th July 2018, 15:22:PM

Hello everyone I was looking at my credit score on experian and there is no mention of a defaulted Orange account, I assumed it would be there as an account would have to have been defaulted for an agency to buy it

Can anyone shed some light on this?

thanks

**goldenwind** · 22nd July 2018, 14:23:PM

Sorry to bother people on a weekend. I am going to mail my defence tomorrow as my 28 day window ends on Tuesday, I am unsure of whether section 3: "3.This claim is for a mobile phone contract agreement regulated under the Consumer Credit Act 1974." is applicable to me since as far as I am away mobile phone contracts are not covered by the consumer credit act.

Thanks

**goldenwind** · 6th November 2018, 00:49:AM

hello all i just wanted to inform you that i received a notice of discontinuance today. Although i rarely posted I followed all the advice here and read many threads with people in a similar situation to myself and there was more than enough information already here to create good defence.

Anyway you guys saved me Ł480 so i am very thankful for that.

i suspect as with a lot of Lowell cases what tipped it for me was probably Lowell not having much documentation on my account due to buying accounts in bulk, and chasing Ł480 was not worth it for them. It goes to show that if you do the research and put up enough of a fight there is a chance you win.

However i would have certainly capitulated if not for the many pages of information here.

Thanks, and keep up the good work.

**MIKE770** · 6th November 2018, 08:34:AM

well done check with the court in a few days to be certain they received the notice as well

**Amethyst** · 6th November 2018, 09:28:AM

Originally posted by goldenwind View Post

hello all i just wanted to inform you that i received a notice of discontinuance today. Although i rarely posted I followed all the advice here and read many threads with people in a similar situation to myself and there was more than enough information already here to create good defence.

Anyway you guys saved me Ł480 so i am very thankful for that.

i suspect as with a lot of Lowell cases what tipped it for me was probably Lowell not having much documentation on my account due to buying accounts in bulk, and chasing Ł480 was not worth it for them. It goes to show that if you do the research and put up enough of a fight there is a chance you win.

However i would have certainly capitulated if not for the many pages of information here.

Thanks, and keep up the good work.

Congratulations. I'm sorry your thread didn't get much in the way of replies, though Mike has pointed you in the right direction and you look like you were on top of things throughout. Glad others threads were able to help you deal with this claim, and hopefully your thread will go on to help others in similar situations xxx

Well done

DISCONTINUED Lowell portfolio vs golden wind