Received a Claim Form from Lowell - Really Worried

[pt2537]

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

IT shouldnt matter as long as it goes to a EE office, ideally their registered office, you could call them and ask where to send a sar request, that should give you the answer

[crux008super]

Thanks PT2537 I have send SAR to EE and CPR to Lowell Solicitors yesterday. Do you know how many days I have until I need to give my defence?

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? Also, thanks AMETHYST for clarification on CPR.

[crux008super]

I had emailed EE as well and they replied today with standard email as below. What should I reply with I do not have alleged Orange mobile number. Should I give them Orange account number Lowell is claiming?

Thank you for your email,
We are able to assist with your personal information request (Subject Access Request) under the provisions of the Data Protection Act 2018.
Please be advised that we consider each request individually and do all we can to respond within one month.
Under GDPR Article 12(3) organisations are permitted to extend access requests for up to two further months from the date of receipt if the request is complex.
To prevent any delay processing your request please ensure they you've provided the following;

Name
Address
Account Number
Mobile Number
Dates and Times for Period of Interest

Thanks,

Customer Data Disclosures.

[Amethyst]

33 days from the date of issue ( printed on the claim form)
so around 16th May.

The SAR is about an individual not an account so if you don't have account details just give them the info they'd need to identify you as a person ( date of birth, full name, address and previous address etc )

[crux008super]

Cool, AMETHYST Thank you very much... Very much relived now.. I will wait until 14th May to see if EE or Lowell send anything. Do I have to do anything in the meantime apart from sending CPR and SAR requests?

[crux008super]

Hi, AMETHYST and PT2537

I still haven't heard anything back from LOWELL regarding my CPR request and EE's email regarding SAR request stated that it could take around a month.

I have to submit defence in few days can someone help me draft that? I have no clue how to do that.

Thanks again.

[crux008super]

Any help in submitting my defence? I guess I have to submit before 4pm tomorrow... It would be useful if someone can help draft me one. Thanks,

[crux008super]

nudge to PT2537 and AMETHYST any ideas with my defence would be really helpful. Thanks a lot

[pt2537]

nudge to PT2537 and AMETHYST any ideas with my defence would be really helpful. Thanks a lot

Hi I think Ame is away for the moment.

I do believe there is a defence template on the forum that often gets used. Personally i prefer to draft my own pleadings based on the individual case, templates work to a point.

ill see if i have any time later to offer any pointers but today is something of a train wreck, we are crazy busy at the moment

[crux008super]

Thanks for the response PT2537 I am trying to use the template it should be fine but just want someone to scan it through one more time before I submit it online. Also, I can submit defence online right? I don't have to print and sign and then post it?

[pt2537]

Thanks for the response PT2537 I am trying to use the template it should be fine but just want someone to scan it through one more time before I submit it online. Also, I can submit defence online right? I don't have to print and sign and then post it?

You can email your defence, to the CCBC if thats the Court thats dealing with it. Online does limit the word count a little.

Or you could submit on line if you really wanted to. Do you have a draft working defence?

[crux008super]

Hi PT2537 Here is my draft for the defence. To be honest I do recall having Orange account 6 years ago but I think I have stopped paying because of the network issue or falling out with them. I am still unsure as it can be my partner at the time but I definitely still want to defend in full just in case I am right.

DEFENCE

1. I received the claim XXXXXX from the Northampton County Court on 16/04/2019.
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 a telecommunications agreement.
4. It is denied that the Defendant has ever entered into an agreement with Orange for their services.
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 Claimants statement of case states that the account was assigned from Orange to Lowell Portfolio Ltd on 18/12/2013. I do not recall receiving notice of this assignment.
7. On the 07/06/2018 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 with Orange under account reference 98101141" and "notice given to the Defendant" of assignment.
8. Lowell Solicitors Limited has not sent any of these documents to me.
9. If the Claimant seeks the court to make an order based on the Defendant entering into "an agreement with Orange under account reference 98101141 ('the Agreement')" the Defendant shall require the Claimant supply said agreement.
10. 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.
11. 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.
12. 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.
13. 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.

[crux008super]

any suggestions on above draft? PT2537

[crux008super]

Well I submitted my defence but I think I messed up the date..because I was rushing and panicking... Just realised it now.. I typed 07/06/2019 for SAR and CPR requests. I submitted it online. Any chance I can rectify that? PT2537 AMETHYST ?

[crux008super]

Hi PT2537 AMETHYST
I got letter from Lowell saying they want to mediate or I can call their offices and arrange a settlement? I am not sure does it mean they won't go to court if I settle early or they will accept lower settlement amount then the original claim now?