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County court form received today 😢

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  • County court form received today 😢

    Hello, I need some guidance on a county court claim please.

    issue date: 7/10/19
    acknowledged of claim - not yet
    amount claimed -£300
    claimant name -Lowell portfolio 1 ltd
    solicitor name- Lowell solicitor ltd
    original creditor - telephone broadband provider
    from 2011/2012
    original debt £140

    due to moving property early 2012 I had attempted to cancel the service with the telephone provided several times via telephone/email when I moved out of the property. They had continued the service even through the property was empty but continued to charge until they terminated the service themselves and passed on to lowell. If I remember I had contacted Lowell by letter years ago to explain I did not owe this money but they have continuously repeated letter after letter demanding payment.Today I have a letter for county court, to wish I want to defend

    please advise
    Tags: None

  • #2
    Particulars of the claim
    1-the defendant entered into an agreement with telephone provider

    2-the defendant failed to maintain the required payments & service was terminated

    3-the agreement was later assigned to the claimant on 26/2/2016 and notice given to the defendant

    4- despite repeated requests for payment for the sum of £190 remains due and outstanding
    and the claimant claims
    a) the said sum £190
    b) interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue. Accruing at a daily rate of £0.041 but limited to one year being £15.01
    c) costs


    • #3
      Apologies please move to specific forum as I am new to this thank you


      • #4
        WIll do

        Get the claim acknowledged with intent to defend in full - if you can log in on moneyclaim online that is the best way to do it so you can keep track going forward. ( Acknowledge Claim

        Do you have copies still of the emails / letters you sent trying to cancel when you moved ?

        Do you know exactly when the company terminated the contract ?

        We may not win by protesting, but if we don't protest we will lose. If we stand up to them, there is always a chance we will win.
        Hetty Bower

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps


        • #5
          Thanks for your reply

          will do the claim acknowledgement asap

          Unfortunately I donít I have checked my emails but with it being so long ago itís deleted , letter I didnít copy which also was a while ago☹️

          im presuming they terminated it in 2012 sometime but I wouldnít of had the letters to say as I was no longer in that property


          • #6
            Mcol acknowledgement of service completed

            what do I do next ?

            sorry Iím new to all this I have no knowledge whatsoever as to what to do in this situation


            • #7
              You now write your defence read to submit it to the court before day 33 from the date of issue


              • #8
                Thank you for your reply. Today I have sent a cca and cpr 31.14 so I can start getting me defence ready.


                • #9
                  Can anyone tell me if I also have to send a sar request to the oc? Thanks in advance


                  • #10
                    I think it would be worth asking for copies of all correspondence held by them, which would presumably include letters written to your old address after you moved away. When did they trace you at your new address? If you havenít retained copy emails it would probably be advisable to be as clear as you can about the efforts you made to cancel, giving approximate dates of emails/letters/phone calls and your best recollection of what you actually wrote/said.


                    • #11
                      CPR only ask for mentioned in court form documents, cca is not part of the mentioned as a contract should be//


                      • #12
                        Since moving out of that property I have not once had a letter direct for the oc. I have moved twice in that timescale and only received any communication regarding the oc through Lowell.I have kept all of their communication the past year their communication has been strong . It has been swapped from Lowell at one point to another company called lucas credit then back to Lowell again and two letters since had a reduction of the original debt by 3/4 then they have put it up now to double the original amount.However Iím very ignorant and stubborn and out of principal refuse to acknowledge them(Lowell) but it seems now that I think itís probably going to bite me in the backside.i will write to the oc and ask for all communications sent to this old addresses and ask if they have copy emails or recording of the telephone calls between me and them while Iím at it ( as most phone calls are recorded for training purposes) in hindsight I wish I didnít clear out my email folders, moving forward what if they donít send me these I ask for after all it was 2012? How long do oc keep this information on their files?


                        • #13
                          Response from the solicitors.please can someone advise me with Defense.
                          Attached Files


                          • #14
                            There was no copy of the notice of assignment enclosed with this letter


                            • #15
                              Anyone please I have another question. As there was no credit agreement nor was it regulated by the cca 1974. No default Would have been made.There is no mention of a default in the particulars of the claim, is it advisable to not mention the default part suggested on the forums Defense template and Remove that section out of my Defense completely ?

                              thank you in advance


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