Lowell taking me to court

[BoltStar]

Well there's not much you can do if you have filed that defence but it is quite clear that you have done a cut and paste job. There's a number of square brackets which you failed to remove and anyone seeing that will know you've just put something in there without actually knowing what you are doing.

Although the template covers a basic defence of the common issues raised, each case turns on their own facts and yours is not any different. If it were me I would have removed a couple of points as you are merely repeating what the Particulars of Claim is stating so it doesn't really add anything. There is also the point that the Particulars of Claim says that the debt is for hardware and airtime, but fails to mention how the debt is apportioned between the two. You failed to mention that in your defence which would have put the onus on Lowell to prove at court - If the majority of the debt was hardware related and only a small proportion of the debt was for airtime, that would dramatically reduce what they can claim if they are unable to produce the consumer credit agreement.

You had until 9 October to submit your defence so you could have posted up a draft for us to comment on before filing it with the court. This is a typical situation of those who come on here, looked at the template defence and then submitted it without out any real thought or help. The template is not a one size fits all and is only there to give you an idea of how you might set out your defence.

You might very well get away with it and either Lowell could discontinue the case or it might go all the way to court and a judge might find in your favour, but I wouldn't be surprised if you were challenged on some of your defence points.

Anyway, I wish you good luck but next time I would suggest you don't rush ahead and instead seek some help or assistance from us, which is probably why you posted in the first place.

My apologies, i was really scared i would miss the deadline. I thought the stuff in brackets were how it was meant to be. I would still like your help with the defense in case i have to amend it later.

[BoltStar]

Update

On wednesday, i received a letter from lowell apologising for the error in their correspondence and that they will contact their client to obtain a copy of the agreement as requested in my intial letter. They also said they won't be removing the default on my account because they believe the information to be correct.

Today, i have received a letter from them stating that their client has instructed them to discontinue the claim.

What i will do from here is to contact the court for confirmation and also send Lowell another letter based on the discontinuation of the claim, ask them to remove the default.

I want to thank everyone for their advice and seeing me through this. You are a great help and God bless you all.

[MIKE770]

ring the court in a couple of days and confirm, the default (If Fact) will stay as a true record until expiration of 5/6/years

[R0b]

If Lowell believe the default and presumably the amount in default to be correct, then they need to provide evidence to that effect. Given that their most recent letter says that they are requesting a copy of the HP agreement, suggests to me that they don't have any evidence indicating that the default is in fact correct as well as any default amount on your credit file.

So it would be reasonable of you to challenge their belief by asking for evidence that the default (i) month is correct, (ii) it was correctly applied and (iii) the amount (if there is a recorded amount) accurately reflect the sum that is to have defaulted.

In theory, you should have two accounts on your credit report under O2: one will relate to the service agreement and the other will be for the HP of the handset. Again, you should challenge them on what basis do they think the default is accurate.