Received a Claim Form from Lowell - Really Worried

[crux008super]

Hi, So I received a claim form from Lowell after missing few payments because I switched bank and didn't manage to keep up with Lowell's payment.

I received a letter from them claim form on 16th April and now worried because I just got back on my feet after long unemployment period and do not want CCJ on my account. Is there a way I can fight against this? I can pay partial or some amount but should I contact Lowell Solicitors or acknowledge this claim form? or do both?

How can I defend this? because I do not remember this at all also never received copy of bill from Orange or anyone in past... also Lowell never provided me any evidence of debt.

However, I was under payment plan with them for last few years because I didn't contest this claim in past and even after asking for a copy of bill from orange they never provided me that. can I now defend this or is it too late? also, seems like whatever I paid towards my account as a part of that payment plan is not mentioned in this claim form and they issued this only after missing few last payments..

any help would be appreciated... thanks...

[crux008super]

also, I checked all of my credit files but can not find Lowell there so I guess the debt is older than 6 years... Is there a way to settle this outside of court without CCJ?

[crux008super]

well, I have acknowledged the claim form and selected I intend to defend in full.. what next? anyone can help?

[Amethyst]

Could be statute barred - it depends when it terminated - you could ring orange ( ee ) and see if they can tell you - or send them a Subject Access request to see what info they hold - if it's not on the credit file it could well be, and as it was sold to the claimant in Dec 2013 it is likely to be pretty close ( although these kind of debts do get sold on quite quickly )

ahhh just read that you've been paying it so statute barred is probably out then .. but youve paid without knowing what it is ? Definitely do the sar or ring EE ( Orange ) to find out. https://legalbeagles.info/library/gu...ccess-request/

send a cpr request to Lowell too - https://legalbeagles.info/library/gu...-of-documents/
ask for assignment and default/termination notices, agreement and full breakdown of the account.

[crux008super]

First of all thank you AMETHYST really appreciate it.

So, I called Lowell to settle outside of court and see if they can withdraw the claim... they said 'No' and demanded full payment if I don't want CCJ against my credit file. They gave me full info on account breakdown on Orange and when it was sold to them and how many payments I have made towards that debt.

Also, they said they can not accept any offer or reduced amount now and I have till 6th May to outline my defence since I already acknowledged it to defend in full... they will then send all documents and records they hold against me to the court and get a judgement. Or they said I can accept the payment plan and CCJ on my record today (while I was on call) and setup payment with them with having CCJ on my file.

I am clueless now.. I do not want CCJ but I can not afford £1200 one off payment either... I just need more time..

They did say that I was under payment plan with Lowell up until March 2019 and they send me PaP on 7th of March and sent me claim form after 30 days of it.. so it seems like they are well prepared! or may be I have no defence?!?

Any help?

[crux008super]

I have offered them 20% or 30% as a full settle amount but they refused and said If I want to avoid CCJ I need to pay full amount in 14 days... Now the date to submit my defence is next monday and I don't know I have all the stuff in place what should I put in my defence there? only if I can get few more months then I can possibly try and clear this in full... any advice AMETHYST ?

[crux008super]

any advice AMETHYST ? What can I File in defence? I do not have a clue and I guess my deadline is today which falls on bank holiday so I have time till tomorrow 4pm? Any help?

[Amethyst]

Did you send a SAR to EE ?

You have been paying but you don't know what the debt is - thus that you don't know what it is and that they haven't sent you anything you have requested or evidence of the debt is your defence, if you don't know what it is I'm not sure why you are wanting to settle it ? or have you worked out what it is and now agree it is owed ?

Defence example - https://legalbeagles.info/library/gu...-court-claims/
which obviously wants amending.

[crux008super]

Hi, AMETHYST I haven't sent SAR to EE. I am already running out of time now.. Lowell keep saying it's Orange's debt but I have never received any bill or any information on this my girlfriend at the time used Orange in 2012 but frankly I don't have much information about this. I accepted the debt back in 2014 because I want to avoid all their letters and annoying phone calls. I want to defend it if I can but running out of time as they issued the claim form on 16th April.

[crux008super]

Hi, AMETHYST I am also sending CPR 31.14 request to Lowell today. I found the template but what should I write in below section?

NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM – eg. IF THEY DON’T MENTION ‘ DEFAULT NOTICE’ YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT – ask for the CONTRACT…IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!)
for EXAMPLE
1. Agreement / Contract
2. Default Notice
3. Notice of Assignment

[Amethyst]

Just these bits

1. Agreement / Contract
2. Default Notice
3. Notice of Assignment[/QUOTE]


and do the SAR to Orange/ EE.

You can also ask us for a copy of the information we hold about you using our online form here.

but you'll need an account number to do it that way - an email or letter is probably better;

You can get in touch with our data-protection officer by email cpo@bt.com or write to the address above and mark it for their attention.

If you’d like any more details, or you have comments or questions about our privacy policy, write to us at:

PO Box 2681

BT Centre

81 Newgate Street

London

EC1A 7AJ

EXAMPLE Letter - >Subject Access Request Letter

[crux008super]

AMETHYST Thank you very much.. they issued claim on 16/04/2019 and I acknowledge it with intend to defend on 29/04/2019 how many days I have before I need to submit my defence?

What is the address I should send SAR request to? Is it the BT address you've mentioned above?

[crux008super]

AMETHYST Also, Do I have to send CCA request to Lowell? this is so confusing!!

[crux008super]

AMETHYST Also, Do I have to send CCA request to Lowell? this is so confusing!!

Ah! Ignore this I just read the tread on forum and now it all makes sense. https://legalbeagles.info/library/gu...y-court-claim/

[crux008super]

Hi AMETHYST

Should I send SAR to EE on below address? Thanks,


Information Disclosure Manager
EE Ltd
1 Trident Place, Building 5 1st Floor,
Hatfield Business Park Hatfield,
Hertfordshire
AL10 9BW

or

PO Box 2681
BT Centre
81 Newgate Street
London
EC1A 7AJ