Lowell Solicitors ( County Court Business Centre)

[abrook11]

Good Evening everyone,

I am looking for advice or help. I have received the letter from County Court Business Centre. I have read other threads on here however, find it hard to find the case like mine. Basically long story short they have sending me letters saying that I should pay for 2 phone networks which I never had or don’t recall having. I’m currently with my phone provider and was with them for about 2-3 years and my old phone number was paid off in full. I can find bank transaction to prove that. Called three mobile today they said the number has been closed (since I paid it off). Before that I was on pay as you go.

I am being charged £819.31 for something I am absolutely not aware of having. Tried calling Lowell (Claimant according to court papers sent today) they told me that the debt has been sold to a company called Lucas Credit Services. It seems like everybody buying and selling debts and I have no idea what it is. I have no idea what to do. Who to talk to. I cannot accept this claim since I never had these contracts with these companies (as far as I can honestly remember).



please can somebody help. I am a mature university student and can not afford to pay them £820 or maybe that’s a fake letter and a scam ?

Kind Regards

Alex

[abrook11]

UPDATE: I have submitted the defence form online as instructed on this website. I have ticked I intend to defend against all. I was wondering what next step can I take ? Can I submit CAA request ? Thanks

[Amethyst]

You've acknowledged the claim with intent to defend - good.

As they are phone contracts the cca wont apply, however they do still need to evidence their claim.

Have you received nothing at all before this court claim ? No letter of claim etc ?

Send the CPR letter to Lowell asking for both contracts, transactions and notice of assignment and default. You can say on the letter that you do not recognise either debt, and will be defending the claim in full.

Also send a Subject Access Request to Lowell, to 3G and to EE, which should help find out what these are and where they have come from.

Links

CPR 31.14 Request
Subject Access Request Letter

http://www.three.co.uk/termspdf/SAR_V2_GDPR.pdf
Email: DPA.Officer@three.co.uk


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

[abrook11]

Thank you for your reply. I have been receiving letters from the, nut maybe 1 or 2. I called them told them I have nothing to do with these contracts and I am currently with 3. They asked for my personal details without telling me what they want from me. So I hung up. Few months later received another one thinking it might be a mistake - threw it away. Next I receive this Court Claim. Thanks I will send the CPR to them.

[abrook11]

You've acknowledged the claim with intent to defend - good.

As they are phone contracts the cca wont apply, however they do still need to evidence their claim.

Have you received nothing at all before this court claim ? No letter of claim etc ?

Send the CPR letter to Lowell asking for both contracts, transactions and notice of assignment and default. You can say on the letter that you do not recognise either debt, and will be defending the claim in full.

Also send a Subject Access Request to Lowell, to 3G and to EE, which should help find out what these are and where they have come from.

Links

CPR 31.14 Request
Subject Access Request Letter

http://www.three.co.uk/termspdf/SAR_V2_GDPR.pdf
Email: DPA.Officer@three.co.uk


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

I have drafted a letter from the template would you mind having a look if possible and tell me if it looks ok to send off also I don’t fully understand about the whole £1 do I need to send a pound like a cheque with it ?



- - - -

07/10/2019


LOWELL PORTFOLIO I LTD

ELLINGTON HOUSE

9 SAVANNAH WAY

LEEDS VALLEY PARK

LEEDS

LS10 1AB


Dear Sirs,


Claim Number: Xxxx


Request for documents mentioned in a statement of case under CPR 31.14


On 03/10/2019 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.


To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence 03/10/2019.



Agreement

1. EE Finance Plc. Reference number 131525010
2. Hutchison 3G UK Ltd. Reference number 9519838636

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.


You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim.


I, as Defendant, am entitled to see the documents on which the Claimant relies and which you must produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.


You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.


If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.


For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today,08/10/2019.


I look forward to hearing from you.


Yours sincerely



- - -


Furthermore, just wanted to ask on the court claim they call it an a agreement. I just started to read about it and from what I’ve read agreements are not enforceable by law. Is that true ? In that case why are they taking me to court ?

Thank you so so much .

[abrook11]

Amethyst please when you have time can you let me know if that’s ok.

thank you

[Amethyst]

As they are both phone contracts debts you can leave off the bit about the cca request and no need to send those or the £1's ( so remove last paragraph )


Also I'd ask for more than you're strictly entitled to under CPR 31.14...

…………...

statement of case ahead of filing my defence 03/10/2019.

1. EE Finance Plc. Reference number 131525010
a) Agreement/Contract
b) Notice of Default/Termination
c) Notice of Assignment
d) Final Bill/Demand

2. Hutchison 3G UK Ltd. Reference number 9519838636

a) Agreement/Contract

b) Notice of Default/Termination

c) Notice of Assignment

d) Final Bill/Demand

also add a bit to the first paragraph

On 03/10/2019 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full as I do not recognise these accounts or believe any debt is owed.

And send the SARs to both EE and 3G as well

[abrook11]

Amethyst Hi, I hope you’re well. Please could you advice on what to do. I have sent the CPR on the 10/10/19 as signed delivery I kept the receipt. However, I still haven’t received anything from them. Anything I should be doing in this case ?


Thank you

[abrook11]

Do I need to submit a 31.14 application? Or not yet ?

thank you

[MIKE770]

Do I need to submit a 31.14 application? Or not yet ?

thank you

of you already sent then not again, Recorded Delivery>>>??

[abrook11]

MIKE770 Thank you for your reply! I have sent CPR form on the 10/10/19 recorded delivery signed for. Please refer to the screenshot I attached. However, still haven’t heard a word from them. What should I do in this situation?

[MIKE770]

See what happens next keep due on court letters

[MIKE770]

They tend Not to respond at this stages

[abrook11]

MIKE770 But I need to submit my defence soon ? I had 28 days since I acknowledged the claim ? Sorry I’m really confused about the whole process. Just trying to make sense of it all. Not trying to waste anyone’s time. Thank you

[MIKE770]

On such a date request for CPR31.4 made not response to request from solicitors __put into defence and any other request if any not complied with. Amethyst