HELP! Claim form received.

[MaccLad91]

Hi,

I’ve had so much help from this site before. Really do appreciate everyone that helps!

so my mum got a phone contract for a family member. This was unpaid and we have now received a claim form from the CCBC. This is on behalf of Lowell solicitors/portfolio regarding a former three account.

My mum isn’t in the position to pay the debt in full and wouldn’t be able to clear it in 6 months as Lowell have said that’s the only way for her not get a CCJ. She would be able to make payments each month but Lowell have said that would still result in a CCJ.

can anybody help please? We are willing to pay just not all at once and she doesn’t want a CCJ.

Amethyst I’ve tagged you because you’ve always been amazing! X
I've attached the claim form.

[Amethyst]

Bless your socks Hi again xx

Have you acknowledged the claim yet ? If not, do that with intent to defend while you gather the info and work out what to do.

Any idea if this phone contract included a device?

Standard CPR 31.14 request to Lowell Solicitors, ask for the agreement, termination notice, copies of bills, payments list, and notice of assignment.

and a SAR to Three ( to pretty much get the same but from the horses mouth )

CPR 31.14 Request
Subject Access Request Letter

Probably they will provide the docs but argue that they don't have to give you the agreement.

Once the letters are in , and potentially once the defence is in, she could try again to have a without prejudice conversation with them about paying in instalments over 12 months putting the claim on hold without going to a judgment. As usual it'll be a bit of a game of chess, but if they won't settle now it doesn't hurt to give them some work to do and then try again.

You know it will take 5/6 months to actually get from here to a hearing, so put away the £40 a month odd anyway as if you had agreed instalment payments then it can be used as a lump settlement if necessary.

[MaccLad91]

Hi again!!

we haven’t acknowledged it yet. Can I do this online? Yes it had a device not sure which kind.

will she incur more costs? Don’t want it jumping up you see. I’ll submit them documents right away.


Really don’t want it going to a hearing again

[MaccLad91]

I’ve completed the acknowledgement of service online and to fully defend the claim.

what are my next steps once I’ve received all my documents I’ve requested back?

I’ve only got 28 days it says. Panicking!! X

[Amethyst]

28 days is fine... it's 28 days to file a defence from when you received the claim. So you send off the requests, and whether or NOT you get a reply you enter a defence. If you don't receive anything it will be a defence that basically says ' dunno what you're on about send me documents '(well this Example Defence) - if you do receive docs then we can assess and put in a proper defence ( or negotiate an offer based on any discrepancies )

[MaccLad91]

That’s great. I instantly feel better! Would three of had to send a default notice?

[MaccLad91]

I've received back some letters from Lowell. Doesn't tell me much tho. What do you think? How long do I have to file a defence?

[pt2537]

Have you filed the acknowledgment of service within 14 days of the claim?

[MaccLad91]

Yes I have!

[MaccLad91]

Amethyst shouldnt have submitted my defence? Its been 27 days only just got the info! :/

[pt2537]

Amethyst shouldn't have submitted my defence? It's been 27 days only just got the info! :/

what do you mean? Sorry im not following the point here?

[Amethyst]

The claim was issued 20th November - it's 33 days (28 from service and 5 allowed for service) - so defence due in by Monday 4pm.

They've sent the notice of assignment from 3 and Lowell.

A bit more info as well. Account opened July 2014 and disconnected November 2017.

They say the debt is early termination fees of £490.

Seems like a very long contract to have early termination fees.... normally you'd expect 18/24/36 months contract lengths and then become a monthly rollover contract. So I think you need to query that further.

Did a SAR go in to Three?
*

[MaccLad91]

Yes I know. Yes it did. And to Lowell not really got much is useful info back. What do you suggest?*

[Amethyst]

Write defence on lack of info issue and query over early termination being applied 40 months through alleged contract - that the original contract is required for term of contract and terms on termination as well as full breakdown on amount being claimed.

most of threes contract are 24 months - can't see what happens after as all seems to be geared at upgrading but it would seem viable to think it changed to monthly rollover ( so maybe 1 month termination fee) - ie draw enough doubt to ensure the original contract terms are required

[MaccLad91]

Okay thank you. I’ve done it online on the money claim website. How do I write it on there? Do you have a template? Could you help me write it please?

Thank you so much