Claim form from Lowell solicitors

[Darnele]

I think the contract was a 12 month that’s what I normally always get but maybe different back then I can’t really remember I’d rather less stress to be honest so what’s my next step on my claim?

Should i I speak to Lowell Portfolio directly not Lowell solicitors & see if they can take a final amount to stop all this? I can’t pay the £400 odd their requesting which included 50 & 35 extra court charges & representatives charge, I’m not really sure what I need to say to them or how to deal with it on my claim account.


Sorry i dont understand much.

Thank you! X

[Darnele]

I have to respond by the 22nd on my claim account & im at such a lose of what to do as I take it I’m not defending now? I just want this all over now any help on what to do on my claim account & if I can offer Lowell Portfolio a lower amount to the 400 would be much appreciated thank u so much! X

[Amethyst]

You could wait, file your defence and then negotiate with them, or you can try to negotiate with them now.

If you file your defence you can say they haven't provided the breakdown of the amount claimed or original contract terms and they haven't evidenced the debt - all they have evidenced is that you paid some payments to BT 5 years ago and an account was closed/cancelled. Filing the defence might put you in a better position to negotiate with them afterwards as they will know they will have to do some work to evidence the debt and you might get a discount so that they don't have to. They should at very least be able to provide a copy of the final bill from when you cancelled the account.

If you don't feel you can defend the case now you have the details they have sent, then yes you want to give Lowell a call, and ask to talk about the court claim they've issued on a without prejudice basis regarding settlement. Thank them for providing the information, there are some issues and you would like a full breakdown of the amount being claimed as you have no recollection of an amount being outstanding, however you would like to see if you can come to an agreement without taking it further through the court. It would have to be a installment offer by the sound of it - say £50 a month - on condition that the claim is put on hold or withdrawn. If they refuse then you can say okay you'll continue to defend the claim and ask that they provide the full documentation and details about the debt to evidence the claim.

[Darnele]

Thank you for your response I wish I was as clued up as you are! So if I use the template u posted a couple days ago to file my defence just add my claim number hopefully I can get the amount down I really don’t want to be paying 400 well I couldn’t like I say I have 3 children I’m a stay at home mum no way of fronting 400 to them so no doubt I’d get a ccj once I receive a reply from yourself just to clarify I’m sending the correct thing il do that will this go up any further or is 400 it in the hope I could negotiate a discount? Thank u x

[Darnele]

Also the information I have about the debt is from EE not Lowell they never responded to me.

[Amethyst]

Ok let me put something together in the morning for you xxx

[Darnele]

Perfect thank you appreciate it xx

[Darnele]

Hey can anyone help I need to put my defence in tomorrow & I don’t no what I’m doing at all worried I’m going to miss the deadline or put something completely wrong on there!

Thank you

[Amethyst]

Ahhh sorry, entirely forgot to come back xxx I'll sort something now...

[Amethyst]

As the only info you have has come direct from EE/T-Mobile I think stick with the 'no documents provided' with a small mention of the rubbish SAR response, and see what Lowell come back with in response before making any further decision.

1. I received the claim [Claim Number] from the the County Court Business Centre in Northampton on or around 20/02/2019.
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 an alleged debt owed under an agreement between T-Mobile and myself. The Claimant's Particulars of Claim are very vague and does not appear to be compliant with CPR 16.
4. I did have a mobile phone that used the T-Mobile network some years ago. I believe this was in 2011 however as the Claimant has not stated the date the agreement was entered into in their Statement of Case, and I do not recognise the account number they have given, it is impossible for me to say for certain.
5. It is my contention that any debt would now be Statute Barred pursuant to s.5 Limitations Act 1980 in that I have neither acknowledged nor paid anything towards the alleged debt for over 6 years.
6. The Claimants statement of case states that the account was assigned to Lowell Portfolio on 13/02/18. The Claimant does not say who assigned the debt to them and I do not recall receiving a notice of assignment. I put the Claimant to strict proof of legal assignment of the agreement from t- Mobile to Lowell Portfolio.
7. The Claimants statement of case states that I failed to maintain payments and the agreement was terminated. They do not give any detail of the terms of the agreement, what payments were not made or when the account default or was terminated. They should also evidence any charges that might have been added to the account. They are put to strict proof.
8. On the 25/02/18 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. I requested the Claimant provide copies of the agreement and terms that applied to the account with T-Mobile, Default Notice, Notice of Assignment and a Full breakdown of the sum being claimed.
9. The Claimant has not provided any of this information.
10. Additionally, on the 22nd February 2019, I sent a Subject Access Request under the Data Protection Act /GDPR to T-Mobile ( now called EE ) to try and find out more about this alleged debt and agreement. I received an very vague response from them which appears to state that an account was opened in 2014 and cancelled in 2015, however due to the very limited amount of information provided I am simply unable to plead any further on that matter and do not know whether it relates to the same account to which the claimant refers.
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. 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. A copy of the agreement and terms are required as is a breakdown of how the sum claimed has arisen.
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.

[Darnele]

You are a star!! Thank u!! so i just log into my clan & submit that with my claim number added? So great full thank u!! Xx

[Amethyst]

Yep

[Darnele]

Ok so I have put my defence in thank u to you!!

what is the procedure from here will I receive a letter from the court or do I need to check back onto the online claim, just don’t want to forget about it & miss something

thank you again!! Xx

[Amethyst]

You'll get a letter from court saying your defence has been received and sent to the claimant.
Then the claimant has 28 days to reply to the court to say if they wish to proceed with the case.
Then, if they do, you'll get a letter telling you to complete a Directions Questionnaire to move it to your local court.

So just note when you receive anything from anyone on here and we can keep track. It's a bit of a case of take it as it comes from here timescale wise, but normally, IF a case gets to hearing, it's 4/5 months after filing a defence and loads of space to settle/discontinue/mediate etc in betweeny times.

[Darnele]

That’s great thank u!! Will keep u posted as I need all the help I can get lol so glad this group exists thank u!!! X