LOWELL PORTFOLIO I LTD vs musicmonkey

**musicmonkey** · 28th September 2018, 17:55:PM

An update on the above.
I acknowledged the claim and I calculated the date I have to submit my defence as 10th october?
Today (28/9/18) i got a letter from Lowell Solicitors saying I had not responded to the claim and that if I do not contact them or dispute the claim by 5th oct then the will issue CCJ. is this just a scare letter?
As well as acknowledging the claim I sent a CPR 31.14 to Lowell solicitors and also an SAR to BT. This was done 20/9/18

Am I ok to just continue with submitting my defence on 10th Oct or should I be replying this letter? Any reassurance would be appreciated.
thanks

**Amethyst** · 29th September 2018, 08:02:AM

Hiya, sorry your original post was missed. It is likely a scare letter, you submitted your acknowledgement of service in time, two days before the deadline of 21st Sept ( though they wouldn't be able to have got a default judgment for another two days to allow service time).

You are fine putting your defence in before the 10th but if you have it ready earlier - say the Monday - that'd be fine too... you don't have to wait for the last minute, just haven given them time to respond to the information requests.

You don't really know what happened with the account after you left the property where the broadband service was provided so the SAR should be important.

**musicmonkey** · 8th October 2018, 17:29:PM

Originally posted by Amethyst View Post

Hiya, sorry your original post was missed. It is likely a scare letter, you submitted your acknowledgement of service in time, two days before the deadline of 21st Sept ( though they wouldn't be able to have got a default judgment for another two days to allow service time).

You are fine putting your defence in before the 10th but if you have it ready earlier - say the Monday - that'd be fine too... you don't have to wait for the last minute, just haven given them time to respond to the information requests.

You don't really know what happened with the account after you left the property where the broadband service was provided so the SAR should be important.

Hello and thank you for the reply - I am just about to put my defence together based on templates on here, I had the below from Bt and Lowell in reply to my SAR and CPR31.14 requests.
BT - response to SAR request - usually takes 1 month but we are seeing unusually high requests and need extra time, it should be no more than 3 months
Lowell - For avoidance of any doubt, we confirm that our client has at no time claimed to have entered into any contract directly with you, nor to have been a party to your contract with original creditor. We repeat that the benefit of that contract was lawfully assigned to our clieent pursuant to Section 136 of the Law of Property Act 1925, the required Notice of Assignment being sent to you. We have also requested a copy of this document from our client, which will be sent to you on receipt.
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. A default notice is a techincal documen that is applied to a credit agreement should a customer fail to repay the account. As mobile phones have a service agreement and not a credit agreement, a default notice does not apply and is therefore not issued. We confirm however, that we have requested statements from the original creditor and when a response is received we shall contact you.
Notification of you having filed to Acknowledgment of Service has been received and you are now required to respond to the outstanding County Court claim within the timescale specified by the court.

(I think i may have asked for some extra things on my letter to them which is why they have taken the time to explain a default agreement etc.)

I shall post my defence statement here later this evening. Thanks for reading.

**Amethyst** · 8th October 2018, 19:00:PM

They seem to believe it's a mobile phone ....

**musicmonkey** · 8th October 2018, 19:04:PM

Originally posted by musicmonkey View Post

Hello and thank you for the reply - I am just about to put my defence together based on templates on here, I had the below from Bt and Lowell in reply to my SAR and CPR31.14 requests.
BT - response to SAR request - usually takes 1 month but we are seeing unusually high requests and need extra time, it should be no more than 3 months
Lowell - For avoidance of any doubt, we confirm that our client has at no time claimed to have entered into any contract directly with you, nor to have been a party to your contract with original creditor. We repeat that the benefit of that contract was lawfully assigned to our clieent pursuant to Section 136 of the Law of Property Act 1925, the required Notice of Assignment being sent to you. We have also requested a copy of this document from our client, which will be sent to you on receipt.
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. A default notice is a techincal documen that is applied to a credit agreement should a customer fail to repay the account. As mobile phones have a service agreement and not a credit agreement, a default notice does not apply and is therefore not issued. We confirm however, that we have requested statements from the original creditor and when a response is received we shall contact you.
Notification of you having filed to Acknowledgment of Service has been received and you are now required to respond to the outstanding County Court claim within the timescale specified by the court.

(I think i may have asked for some extra things on my letter to them which is why they have taken the time to explain a default agreement etc.)

I shall post my defence statement here later this evening. Thanks for reading.

Hi again Amethyst I hope you can help? I have used the defence template and filled it in / crossed out what I dont think I require, any help would be really appreciated. It is for a telephone / broadband so I think credit act doesnt count? The bits in red are the bits I think should be removed but happy for any and all advice.

1.I received the claim XXX from the Northampton County Court on 7th September 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/ appears to be for] a [Credit Card / Loan / Catalogue Account] agreement regulated under the Consumer Credit Act 1974.

4.It is denied that the Defendant has previously entered into an agreement with BT PLC/Lowell Portfolio I Ltd for 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.The Claimant’s Particulars of Claim fail to state when the agreement was entered into.

7.[The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years]

8.The Claimants statement of case states that the account was assigned from BT PLC Ltd to Lowell Portfolio I Ltd on 27/03/2017. The Defendant does not recall receiving notice of this assignment.

9.It is denied that [Original Creditor] 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.

10.On the 20th September 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 and Notice of Assignment.

11.Lowell Solicitors Limited has not sent any of these documents to me.

12.On the [Date] I sent a formal request for a copy of the original agreement to [Claimant] pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

13.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.

14. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. [The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.]

15.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.

16.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.

17.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.

18.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: NAME

Dated: 9th October 2018

**musicmonkey** · 8th October 2018, 19:06:PM

Originally posted by musicmonkey View Post

Hello and thank you for the reply - I am just about to put my defence together based on templates on here, I had the below from Bt and Lowell in reply to my SAR and CPR31.14 requests.
BT - response to SAR request - usually takes 1 month but we are seeing unusually high requests and need extra time, it should be no more than 3 months
Lowell - For avoidance of any doubt, we confirm that our client has at no time claimed to have entered into any contract directly with you, nor to have been a party to your contract with original creditor. We repeat that the benefit of that contract was lawfully assigned to our clieent pursuant to Section 136 of the Law of Property Act 1925, the required Notice of Assignment being sent to you. We have also requested a copy of this document from our client, which will be sent to you on receipt.
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. A default notice is a techincal documen that is applied to a credit agreement should a customer fail to repay the account. As mobile phones have a service agreement and not a credit agreement, a default notice does not apply and is therefore not issued. We confirm however, that we have requested statements from the original creditor and when a response is received we shall contact you.
Notification of you having filed to Acknowledgment of Service has been received and you are now required to respond to the outstanding County Court claim within the timescale specified by the court.

(I think i may have asked for some extra things on my letter to them which is why they have taken the time to explain a default agreement etc.)

I shall post my defence statement here later this evening. Thanks for reading.

I have definitely never had a mobile phone with BT, unless someone did it in my name. I think our posts crossed slightly, I just posted my defence.

**musicmonkey** · 9th October 2018, 17:20:PM

Amethyst i was wondering if you or any of the helpful folks are able to help with defence statement? I want to get it submitted today ideally. Thanks!

**Amethyst** · 9th October 2018, 17:33:PM

Sorry, indeed I'd missed that - I'll have a mooch through it now

xxx

**Amethyst** · 9th October 2018, 17:59:PM

1.The Defendant received the claim XXX from the Northampton County Court on 7th September 2018.

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

The Claimants statement of case fails to give adequate information to enable the Defendant to properly assess his position with regards the claim.

3. The claim is said to be for an agreement with BT PLC. The Claimant does not state the type or nature of that agreement.

4. The Claimant's statement of case states that the Defendant failed to maintain the required payments, although does not state what the payments were, what the service alleged to have been provided was, nor give any date of entry into the agreement or details of the termination.

5. The Claimant states a sum of £224.38 is claimed however gives no detail how that sum has been calculated. The Claimant is required to evidence the amount claimed.

6.The Claimants statement of case states that the account was assigned from BT PLC Ltd to Lowell Portfolio I Ltd on 27/03/2017. The Defendant has not received any notice of assignment from BT PLC.

7. In order to try and find out more information regarding the Claim, on the 20th September 2018 the Defendant 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, requesting the Claimant provide copies of the Agreement & Terms, Default/Termination Notices and Notice of Assignment.

8. The Defendant has previously had a standard BT telephone line and internet service, however not since around 2011/12, and is unaware of any outstanding debts.

9. The Claimant responded on the xxx October 2018 where they indicated the claim was for a 'Mobile Phone' and as such documents could not be provided and that the Consumer Credit Act 1974 did not apply. They state they have requested statement copies from BT Plc.

10. It is denied that the Defendant has ever had a mobile phone with BT Plc (or any of its subsidiaries).

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.IThe Defendant requests 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: NAME

Dated: 9th October 2018

**musicmonkey** · 9th October 2018, 21:33:PM

Originally posted by Amethyst View Post

1.The Defendant received the claim XXX from the Northampton County Court on 7th September 2018.

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

The Claimants statement of case fails to give adequate information to enable the Defendant to properly assess his position with regards the claim.

3. The claim is said to be for an agreement with BT PLC. The Claimant does not state the type or nature of that agreement.

4. The Claimant's statement of case states that the Defendant failed to maintain the required payments, although does not state what the payments were, what the service alleged to have been provided was, nor give any date of entry into the agreement or details of the termination.

5. The Claimant states a sum of £224.38 is claimed however gives no detail how that sum has been calculated. The Claimant is required to evidence the amount claimed.

6.The Claimants statement of case states that the account was assigned from BT PLC Ltd to Lowell Portfolio I Ltd on 27/03/2017. The Defendant has not received any notice of assignment from BT PLC.

7. In order to try and find out more information regarding the Claim, on the 20th September 2018 the Defendant 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, requesting the Claimant provide copies of the Agreement & Terms, Default/Termination Notices and Notice of Assignment.

8. The Defendant has previously had a standard BT telephone line and internet service, however not since around 2011/12, and is unaware of any outstanding debts.

9. The Claimant responded on the xxx October 2018 where they indicated the claim was for a 'Mobile Phone' and as such documents could not be provided and that the Consumer Credit Act 1974 did not apply. They state they have requested statement copies from BT Plc.

10. It is denied that the Defendant has ever had a mobile phone with BT Plc (or any of its subsidiaries).

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.IThe Defendant requests 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: NAME

Dated: 9th October 2018

If I could kiss you I would Amethyst thank you so much, I am really really grateful - thanks for clarifying for me x

**Amethyst** · 9th October 2018, 21:50:PM

Obvs I've just gone through what you've got on the thread, so check I haven't misunderstood anything - you're signing the statement of truth - basically the point being that Lowell haven't shown at all that anything is owed to BT or what it is for - and their pointless template they sent you just shows how little they know about what they are claiming - but expect you to poo your pants and pay them just because they say to. They might come up with everything and you'll then have to negotiate settlement out of court ( not worth getting a CCJ over ) but BT are pants and simply may not provide the details. And of course you'd left the property before any sums were actually owing. So we shall see ... as always try keep money aside over next couple months to settle if necessary xxx

**musicmonkey** · 9th October 2018, 21:53:PM

Originally posted by Amethyst View Post

Obvs I've just gone through what you've got on the thread, so check I haven't misunderstood anything - you're signing the statement of truth - basically the point being that Lowell haven't shown at all that anything is owed to BT or what it is for - and their pointless template they sent you just shows how little they know about what they are claiming - but expect you to poo your pants and pay them just because they say to. They might come up with everything and you'll then have to negotiate settlement out of court ( not worth getting a CCJ over ) but BT are pants and simply may not provide the details. And of course you'd left the property before any sums were actually owing. So we shall see ... as always try keep money aside over next couple months to settle if necessary xxx

Yeah thats all correct. i have the money to pay but i do not know what its for, I genuinely have never had a BT mobile. The house that I lived in a few years back had BT internet which I may have set up, but I didnt think anything was owed. Plus there is no proof I ever lived at that residence due to the set up I had with a friend, both parties wanted to keep it unofficial. I will see what comes back, at the end if i have to pay I have to pay but they can bloody well show me what its for before I do.

Again, thank you so much for the help, you are a very kind person.

**Amethyst** · 9th October 2018, 22:00:PM

Great that's exactly what I thought.... they need to tell you what it is and show it isn't just randomly plucked out the clouds before they can expect you to pay a sausage.

Good luck .... just shout when you hear back from them or the court xxx

**musicmonkey** · 30th October 2018, 10:14:AM

Hi Amethyst following on from submitting my defence, I got the acknowledgment from the court saying they had it all fine. I have then on 23rd Oct had a letter from Lowell Solicitors with a Directors Questionnaire saying I should fill this in for mediation / setllement. I still havent had any information about what the debt is and the breakdown etc. Do I have to do anything with this letter? I can scan in and show you a copy if it helps?
Any help is as always much appreciated.

LOWELL PORTFOLIO I LTD vs musicmonkey