Help with Lowell claim for TalkTalk debt

[Stevo1990]

Hi Guys,

So today I received a reply from Lowell Solicitors.
In my CPR 31.14 I requested:

*The agreement with TalkTalk.
*Notice of assignment
*Deed of assignment
*Full breakdown of sum claimed
*Copy of final bill from TalkTalk showing any outstanding liability

This is their response:

This matter relates to the former TalkTalk account opened on 20th June 2014. The last payment of £47 was made on the 20th June 2014 and the account then defaulted due to non payment.

As this matter relates to a former telecommunications account it is not regulated by the consumer credit act 1974. A copy of the agreement will therefore not be provided to you. The deed of assignment is a confidential document and a copy of this will not be provided.

We have asked that out client provides a copy of your statement and we will contact ou once we have received a response. A copy of the notice of assignment has been enclosed.

A claim form was issued to you on the 7th October 2019 and you should read this fully and respond to the claim. If you are admitting to the debt in full and would like to pay by installments, our team are available to complete an admission form with you over the phone. You can also complete an admission form on our website.

Failure to respond to the claim may result in a county court judgment being entered against you in default.


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So they have:
*Refused the agreement with TalkTalk
*Refused the deed of assignment
*Not mentioned my request for, Full breakdown of sum claimed

They have included:
The notice of assignment

And they say they have requested a copy of my statement.

Can you please advise as to what to do next and where I stand, it's all abit overwhelming.

Thanks Steve

[Stevo1990]

Hi Guys,

I have just completed a draft of my reply to Lowell. Please have a read and let me know if there's anything I should add/remove. Thanks


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

Thank you for your response to my request for disclosure of documents mentioned in your statement of case pursuant to CPR 31.14

With regards to your response "As this matter relates to a former telecommunications account it is not regulated by the Consumer Credit Act 1974. A copy of the agreement will therefore not be provided to you" I am afraid I must disagree.

Your statement of case relies on an "agreement" between myself and TalkTalk Telecom Limited and that such agreement was assigned to you on the 26^th Feb 2016. Therefore it is expected that you will provide a copy of said agreement and Associated terms and conditions.

You have also failed to provide a full breakdown of the sum claimed as well as a copy of the final bill from TalkTalk showing any outstanding liability.

With regards to your response “The deed of assignment is a confidential document and a copy of this will not be provided” I disagree and would kindly remind you that this document has also been referenced in your statement of case, and therefore it is expected that you will provide a copy of said document.

I am unable to lodge my defence and/or counterclaim at this moment as I have no information regarding the alleged debt.

I understand it may take you some time to acquire the relevant information and therefore I'm willing to agree an extension of time for me to file my defence pursuant to CPR 15.5. This extension can be no longer than 30 days after the date my defence is due to be filed and you should notify me your agreement in writing so that I may notify the court. You should ensure I receive your agreement to an extension before 4 pm on Friday 8th November 2019.
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.

I look forward to hearing from you within the next 7 days.

[MIKE770]

you lodge defence and state on such a date requested etc etc etc no documents have been afforded at the stage of completing my defence etc they know what they have to do now or later , never remind these people their duties,

jaguar1954

[Stevo1990]

Hi MIKE770

Thanks for your response.

So you are saying I should not send the above letter?

I thought as the template also has this, for instances where the claimant does not send the requested documents, the correct thing to do, would be to send a second letter?

[MIKE770]

W3 do not want them to findand supply you are not here to help them

[Stevo1990]

Thank you MIKE770

I will not send the second letter I posted above then, and instead will make a start drafting my defense, ready to submit on the 8th-9th November.