lowell court claim form received - how to proceed?

[ohwhatalad]

Hi all!

i received today a county court business centre claim form, from lowell solicitors for a debt owed of £472.39 , plus costs and interest.

the debt is alleged in relation to T MOBILE contract.

It was passed to Lowell solicitors on 25/07/2016

Im sure this contract was opened around 7 years ago, minimum. Only the first payment on the phone contract was ever paid, first month.

So im sure this is Statue Barred?


Id like some help with next steps, i assume i need to go online > apply for extension with view to defense

but which letter/template do i need to send to lowell, for them to tell me when the contract was initially taken out?

I cannot see it on any of my credit files anymore, i assume that means the "default" is over 6 years old alone, or am i wrong?


thanks for any advise, i attach the particulars image

[ohwhatalad]

Okay so i have now.

1. acknowledged the claim on MCOL
2. sent CPR request to lowell solicitors asking for copies of 1. agreement 2. assignment


What happens if they dont reply in time for when my defence is due? could they still get a judgement against me, or do i file defence stating that they havent provided me with any proof of the alleged debt so far?

how would i find out if its STAT barr ? i mean they should send me the original agreement and notices, but how do i know if they have any logs of contact, even if via live chat for example that i may of used before? even if im certain no payments have been made in 6 years


thanks in advance

[ohwhatalad]

Hi all,
So i received a reply, with the notice of assignment. (4 pages attached)

They said they cannot send original agreement as it was not covered under the request? can anyone confirm this is true.


Can anyone help with my next step,

Like ive previously said, i think the account is from late 2011/2012, and if i only had paid the first monthly installment, it would be statue barred.


However, how do i tell if it is statue barred? ie in case at anytime i have spoken to lowell about this debt via email or live chat in the past 6 years?

If i enter my defence on MCOL on this basis and it is found NOT to be statue barred, would i get a chance to pay the outstanding amount before getting a CCJ? i dont want to get a CCJ over £600!

Please please can anyone help now, as im stuck where to turn next


Thanks in advance

Amethyst

[Amethyst]

Hey xx You've done good so far They are right in that the CCA request doesn't apply, but if you don't recognise the account then of course they should provide the agreement you entered into and terms of the contract, Okay so they haven't provided anything about termination or last payment on the account. If you are pretty sure it is over 6 years you can put that in your defence and the onus of proof is on them to show it is not time barred. What they have sent doesn't really say anything.

Might be worth sending a SAR to EE/TMobile as well, but I would get your defence together - statute barred as your primary point but then no breakdown of amounts, copy of contract , default/termination information etc. Do you want to have a go at a draft and will try give you a hand refining it xx

If the defence falls down then you can go to mediation or try to just negotiate direct - or pay in full at any point before a month after judgment to avoid a ccj being stuck on the file for six years.

[ohwhatalad]

Thanks Amethyst

I have draft a defense using your template, can you amend it for me to be 100% correct and best as possible? id really appreciate it!!

I will get a SAR off to EE/Tmobile aswell.

Many thanks for you reply , its put me somewhat at ease knowing im not on my own

[Amethyst]

Bit of a shuffle for you xx



1.The Defendant received the claim ________ from the Northampton County Court on 18/10/2019

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 is vague and the Defendant is unable to fully plead without further information and documentation.

4.The claim is stated to be for an agreement with T-Mobile(UK)Limited under account reference xxxxxxx.

5. This is the only information provided by the claimant and the Defendant does not recognise this account reference.

6. The Defendant has had a service provided by T-Mobile in the past, however as this was around 2010/2011, holds no details of such and is not aware of any outstanding debt as alleged.

7

.The Defendant contends that any alleged debt would now be statute barred by virtue of Section 5 of the Limitations

Act 1980 in that no payment or acknowledgment has been made for over 6 years.

8.The Claimant’s Particulars of Claim fail to state when the agreement was entered into, nor when the service was terminated. They fail to state what the required payments were or what the sum claimed is for or how it has been calculated.

9. The Defendant requires a copy of the agreement on which the claim relies. He also requires the terms and conditions, transaction lists, and statements of account.

10..On the 18/10/2019 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 Solicitors. He requested the

Claimant provide copies of the Agreement and Notice of Assignment.

11.Lowell Solicitors has not sent the original agreement, or any payment information or agreement

date information / documents to the Defendant.

12..The Claimants statement of case states that the account was assigned from T-Mobile to Lowell
Solicitors on 25/07/2016. The Defendant does not recall receiving notice of this assignment.

13.It is denied that T-Mobile served any Default or Termination notice on the Defendant.

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

15. In the event that 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.

16. 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.


squiggle
date

[ohwhatalad]

many thanks amethyst, i sent this defence off.


Lowell have now come back and said they are agreeing to Mediation

Will i get my own directions questionnaire through the post where i also tick agree to mediation?
what next, what do i say on mediation?


thanks again

[ohwhatalad]

OK so i received my mediation papers, which i ticked ACCEPT to, but not posted back yet.


Today i received a letter back from EE/T MOBILE, with a CD of 2 documents from my SAR request,

These have 1 payment info file, 1 general notes file.* See attached last payment from me to them was 02/07/2013 by credit card
Im not sure if that would show if i ever made a payment to anyone else for this debt, ie would it credit to that payments page?
If so, its definitly statute barred, so i should not agree to mediation and say my reason for why?

Please can you give me some of your wisdom Amethyst*

thanks
1723250 Notes-page-001.jpg1723250 Payment-page-001.jpg

[ohwhatalad]

can anyone help please, not sure of what my next move should be and only have a few days to send back mediation paperwork to court

[MIKE770]

Amethyst*