Lowell Solicitors ( County Court Business Centre)

[abrook11]

Is there a certain way that defence should be written ? Perhaps there’s an example somewhere on this website that I can follow in terms the things to say and things not to say. Any suggestions? Thank you

[Amethyst]

There is a start point here - https://legalbeagles.info/library/gu...-court-claims/ - you want to leave out the CCA s77/78 parts out but do say you need the agreement to check the terms and that the accounts are legitimate as you do not recognise them

if you make a start and post it up will give you a hand to finish it off xx

[abrook11]

Amethyst Thank you!

Well I started it and here is what I have done so far. Please when convenient could you possibly have a look and let me know if I'm on the right track ?

DEFENCE

1.The Defendant received the claim X XXXXXXXXX from the Northampton County Court Business Centre on 02/10/2019

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3.It is denied that the Defendant has previously entered into an agreement with Original Creditor /Claimant for provision of credit.

4.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5.The Claimants statement of case states that the accounts were assigned from EE Finance Plc. and Hutchison 3G UK Ltd to LOWELL PORTFOLIO I LTD . The Defendant does not recall receiving any notice of this assignment.


6.On the10/10/2019 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to LOWELL PORTFOLIO I LTD.I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

7. LOWELL PORTFOLIO I LTD has not sent any of these documents to the Defendant.

8.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.
9.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation for The Defendant to fully plead his case else the Claim should stand struck out.

10.If the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence and would ask that the Claimants bear the costs of the amendment.

11.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.

[MIKE770]

claim no showing AHHHHHHHHHHHHHHHHHHHHHHHH

[abrook11]

claim no showing AHHHHHHHHHHHHHHHHHHHHHHHH

Sorry what do you mean ? I don’t understand.

[Amethyst]

Amethyst Thank you!

Well I started it and here is what I have done so far. Please when convenient could you possibly have a look and let me know if I'm on the right track ?

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Got it.... will go through now ( just moving a couple posts off your thread first )

[Amethyst]

removed claim number xxx (you'd left it on the defence hence Mike's shrieking )

[Amethyst]

Okay,,,,,, you haven't really said you haven't had these agreements... so I've amended somewhat






DEFENCE


1.I received the claim X XXXXXXXXX from the Northampton County Court Business Centre on 02/10/2019

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3. The Claimants statement of case states the alleged debts have arisen from agreements between myself and EE Finance Plc and Hutchison 3G UK Ltd.

4. It is denied that I have ever held any agreement with EE Finance Plc. The Claimant is put to strict proof.

5. I have previously had a contract for provision of a mobile telephone service with Three ( Hutchinson 3G UK Ltd ). I am currently with Three, and since receiving the claim in this case I have contacted them and they confirm there is no outstanding debt owed on my current contract or any previous contract and previously I only used 'pay as you go' arrangements for my mobile telephone. The Claimant is therefore put to strict proof.

6. I am therefore at a loss as to how these debts may have arisen and/or become attributed to me. I have received no information from the Claimant beyond that which is written in their statement of case.


7.On the10/10/2019 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to LOWELL PORTFOLIO I LTD.I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

8. LOWELL PORTFOLIO I LTD has not sent me any of these documents.

9. Copies of any agreements entered into are required. I deny entering into any such agreements and having sight of the documents on which the claimant intends to rely will enable me to investigate how this may have occurred and take appropriate action. It will also assist the court to see the terms of the alleged agreements.

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 respectfully requests the court orders the Claimants to provide the necessary documentation so I may fully plead his case else the Claim should stand struck out.

12.If the relevant documents are received from the Claimant, I will then be in a position to amend or add to my defence and would ask that the Claimants bear the costs of the amendment.

11.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.

[abrook11]

Amethyst Right I see. Thank you for pointing out I did put the claim number however, when I submitted the post above I was only starting and wanted to show you if I'm on the right track and removed the correct paragraphs which do not relate to me. I have now submitted my defence. I will keep you updated and would like to express a huge thank you to yourself and Mike for your support. I would be lost if Legalbeagles was not recommended to me on reddit.

[abrook11]

Amethyst Good Evening! I have received two letter after I filed my defence. First letter was from the court and second letter was from Lowell. I can see they passed this debt according to the letter to a different company, however, the court letter still states Lowell. Can they do that ? And they only responded now after I submitted my defence. I’m a bit confused what’s going on. I have changed my surname and they are asking for documents. But the claim is not managed by them anymore should I send them the deedpoll document ? Is this compulsory ?

Thank you.

I attached both letters below.

[abrook11]

Please could somebody help with the above ?

thank you

[abrook11]

Hello, I just received these letters from Lowell Solicitors .. I’m so confused in my previous post they said they are not dealing with this anymore and now.. they send me this. What should I do at this stage ? I haven’t received anything from the court apart from them acknowledging my defence. Thanks

P.S. I still haven’t received any phone contracts, defaults, or agreements as requested in CPR form I sent them a month ago.

[MIKE770]

await for the court paperwork they will send you the same then come back here, lowells tactics hoping you freight,

[abrook11]

Hiya! I hope you’re well. Just received another letter but this time from the court. Could you please advise what I should do ?

thank you

[abrook11]

Sorry to keep bugging you. Please could somebody help I’m super anxious have no idea what the right move is.Â*
thanks