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lowell court claim form received - how to proceed?

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  • lowell court claim form received - how to proceed?

    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
    Tags: None

  • #2
    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

    Comment


    • #3
      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
      Attached Files

      Comment


      • #4
        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.
        “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

        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Find Solicitors offering fixed fees on our sister site - JustBeagle.com

        Comment


        • #5
          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
          Attached Files

          Comment


          • #6
            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
            “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

            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

            Find Solicitors offering fixed fees on our sister site - JustBeagle.com

            Comment

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            SHORTCUTS

            Pre-Action Letters
            First Steps
            Check dates
            Income/Expenditure
            Acknowledge Claim
            CCA Request
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            Subject Access Request Letter
            Example Defence
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            If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.


            NOTE: If you receive a court claim note these dates in your calendar ...
            Acknowledge Claim - within 14 days from Service

            Defend Claim - within 28 days from Service (IF you acknowledged in time)

            If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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