County court business centre Lowell

[AdrianDutu]

Hello to you all and Happy new year. Really sorry to bother you all but this issue it’s over my head and i need some help. I am receiving letters from Lowell solicitors/Lowell Portfolio I Ltd about a debt. I recently received a letter from county court business centre Northampton with the iasue date of 31.12.2018. I set up the account on moneyclaim and acknowledged the thing and ticked the i wanna defend myself. Now i am trying to prepare my defence, what should i start with?
the debt it’s about a phone contract that i took from o2 in 2015 I think and stopped paying because they double billed me in the same month and I tried to sort out with them but in their system was shown 1 payment for that month and on my bank account 2, printed all off and went in a shop, the girl in the shop spoke with customer service but they couldn’t get it fixed so they just say sorry so I stopped any payment. Does it worth to try to fight with lowell or just pay the bloody thing and take it off my head? I am really sorry for this and thank you for any reply

[Amethyst]

Hi there,

Please don't apologise for asking for help, it's what we're here for

You've acknowledged the claim, so you now have until around 31st Jan to file your Defence so you can use the interveening time to gather some information to help with your defence ( or work out what might actually be due and owed, and if you need to make some kind of a settlement offer )

How much is the claim for overall ( inc court fee etc ) ?

You want to send a SAR to O2 - Subject Access Request Letter -to gather any info on what happened with the account after your discussions with the store staff.

A CPR 31.14 request to Lowell Solicitors - you can amend this to include your issue with the debt (in dispute / cancelled etc)
If you can type out the particulars of claim from the front of the claim form we can see what else you want to be asking for in this letter. Probably the original contract and terms, notice of assignment and notice of default/termination. Also a breakdown of how the debt has been calculated.

There's an example of a Defence here - Example Defence

- but it will want a fair bit of amending to suit your circumstances. eg. the CCA request part is irrelevant unless there was a device credit agreement included in the monthly amount etc.

[AdrianDutu]

Particulars of the claim
1) the defendant entered into an agreement for O2 refeesh account with telefonica uk ltd. this agreement provided both a service agreement for the provision of airtime, and a consumer credit act 1974 regulated agreement for the provision of hardware
2) in breach of the agreement, the defendant failed to maintain the required payments and the service agreement was terminated, with suns outstanding in respect of the provision of both airtime and hardware
3) the agreement was later assigned to the claimant on 30/09/2016 and notice given to the defendant
4)despite repeated requests for payment the sum of £684.1 remains due and outstanding and the claimant claims a) the said sum of 684.10
b)interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, but limited to one year, being 54.73
c)costs