Lowell sent court form for a disputed debt with sky.

[elipse]

Hi,

I have received a n1 claim pack from the ccbc regarding an old dispute I had with sky broadband and tv about 5yrs ago.
the service was pretty much usable, so in the end I ended up moving due to other reasons and cancelled the direct debit.

Now I have moved back in to this house. I've received a claim pack with Lowell solicitors ltd .

I am going to acknowledge this tomorrow and go through the step of sending the letters out. I was just wondering if I could just get a little
help.

with the CCA request do I send this being a tv and broadband package?


with the 31.14 request in the particulars states

1. defendant entered into agreement with sky
under account number xxxxxxxx ('the Agreement')

2. defendant failed to maintain payments required
and service was terminated

3. the agreement was later assigned to the claimant on the (date)
and notice given to the defendant.

4. despite repeated requests for payment the sum of xxx.xx remains
due and outstanding.

so in my request I am just asking for the 'the Agreement' , proof of failed payments, the assignment and repeated requests.
is this correct?


also when I received the claim pack I phoned sky (maybe a mistake)to ask what information they still had about the account on the court form and they told me there is only my personal details and that they say I owe them some monies. I asked if that had any payment info or default data but they searched and found nothing the person on the phone asked the manager and they said that information is deleted after 12 months. I don't know if this is true or not so I think I will send a SAR anyway.

please could you tell me do I just send a SAR to sky asking for details of the account or everything they hold on me?


as for my last question what proof would Lowell need prove I owe the debt?


As this does not come up on my clearscore report. I have manage to clear all my debts and this maybe the last one and I don't really want a CCJ on my report but, I also don't want to pay for a poor service.

I would just like say thanks for any help in advance it will be greatly appreciated.

elipse

[MIKE770]

Subject Access Request Letter send to sky Recorded delivery

CPR 31.14 Request to the solicitors just asking for items listed in the claim form

ask for a copy of agreement for the service when it was taken out be it contract/letter to solicitors

[elipse]

MIKE770 Hi, thank you for your response.

Could I ask when does the 28 days for defence start from is it the date of AOS (did this today)?
just so I can put when I Intend to file my defence in the CPR 31.14 request.

or is it from the date Lowell put in the court claim?

in the CPR 31.14 I've listed these items.

1. the Agreement
2. Failed payments
3. Assignment
4. Formal Demand

is this correct or do I need to put more information?

/*Edit*/

So I have been filling in the SAR and I'm stuck with what info I need to ask for is it all information they hold on account number (xxxxxxxxx)?

Sorry for so many questions just trying to get my life back on track.

Thanks again for any help

[Amethyst]

28 days is from service ... or calculate 33 days from the date of issue printed on the claim form.

CPR you can ask for the agreement and the notice if assignment as that's all that is mentioned.

SAR ask for all data they hold related to this account.

[elipse]

Amethyst Thank you for your help and quick reply. I can get these sent off tomorrow

Could I just ask can I defend the dispute with sky as I have no evidence. sky customer service manager also said all recordings and most data is deleted after 12 month.

Thanks again

[elipse]

If i could please get some more help. I have received my CPR reply from Lowell which seems to have taken week from them writing it to posting it.

The reply from Lowell Solicitor has come and they have only sent me the notice of assignment and stated as this account relates to a service agreement blah, blah, blah.
If no signed contract existed it cannot be provided.

A copy of the notice of assignment is enclosed for your records.

Also i have not received my SAR from SKY.

So now I am stuck. Which direction can i go?

Thank you for any help.

[elipse]

Could anyone help please.
how do I ask for prove of debt as Lowell solicitors have not sent me any. The only thing they have sent is the notice of assignment I believe this does not prove anything.

Thanks for any help.

[elipse]

Hi,
Just an update. I contacted sky about my SAR and they have told me it will be available around the 14th.
I am a bit worried now as i have to file my defense around that time also. Please can anyone give me some direction.

I don't have much of a clue what to put in my defense or if i need to send another request for the Agreement.

Please can anyone Help.

[GBExile]

Hi,
Just an update. I contacted sky about my SAR and they have told me it will be available around the 14th.
I am a bit worried now as i have to file my defense around that time also. Please can anyone give me some direction.

I don't have much of a clue what to put in my defense or if i need to send another request for the Agreement.

Please can anyone Help.

Just file your defence & add this line stating:

"I have applied for a Subject Access Request for information on the account but I am yet to receive it"

More often than not you will not get the docs requested by the time you have to file your defence.

[elipse]

Hi GBExile,

Thanks for your reply. I will make a start on my defence.

Just another question if you could please. What would Lowell need to prove I owe the alleged debt?

Would this be payments made on the account i.e. from direct debit.

Also, what should I be looking for when my SAR is returned?

Thank you very much for all the help.

Elipse

[GBExile]

Hi GBExile,

Thanks for your reply. I will make a start on my defence.

Just another question if you could please. What would Lowell need to prove I owe the alleged debt?

Would this be payments made on the account i.e. from direct debit.

Also, what should I be looking for when my SAR is returned?

Thank you very much for all the help.

Elipse

Anyone taking anyone to court over debt needs to prove it to the satisfaction of the judge.

Just submit your defense.

What ifs & buts are not relevant now. You cannot predict the future actions of Lowell & you cannot predict what is presented in the SAR.

You do realise that most cases Lowell win is because people do not follow the orders of the court & you lose by default.

Crack on with the defence & file it on time. You will have an opportunity to add detail later when you are required to submit a witness statement.

They must prove & it would be to your advantage for you to supply evidence at some stage that their was a dispute.

[elipse]

Thanks for your reply GBExile

Feel a bit better now knowing the next steps. I was just beginning to panic. Never dealt with a debt from court before.

Your help is very much appreciated.

Regards Elipse