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[R0b]

There's a reason why we ask you to post the particulars of claim verbatim because there might be something in there that's a smoking gun. The fact you've shortened it doesn't really help because we don't have sufficient information to decide what your best arguments are.

For example, we don't know if the particulars state when you actually entered into the agreement with T-Mobile, because T-Mobile was taken over by Orange and then eventually became EE - If I remember, T-Mobile as a company was no more around 2010 although EE did continue the brand for several years after. So it's possible depending on when the payments failed, the claim could be time-barred - in other words, smoking gun. That's why we ask for them to be posted verbatim and not cut down depending on what you think is important information.

Your defence, without trying to be rude is pretty shoddy and is just a bunch of denials without explaining why you are denying the claim. The rest of it is unnecessary bumpf. and will not help you or the court in arguing your case.

If you don't file a defence by 4pm today, Lowell can request a default judgment which, if granted means you need to pay the amount within one month or face having a CCJ on your file for 6 years. Having said that, I would be very surprised if Lowell apply for default judgment immediately at 4.01pm because the courts are usually working around 1-2 weeks behind in terms of processing (maybe longer). So if they asked for judgment and you already filed your defence then there would be cost consequences for them and a damages claim for you. You could in theory have the rest of the day to file a defence and send it by email and still be ok but whether you do or not is entirely your risk.

Given the short time, you should focus on:

• You don't recall ever entering into a contract with T-Mobile. Lowell is required to provide evidence that a contract was entered into.
• Notwithstanding the point above, even if a contract is entered into with T-Mobile (which you deny), then a claim for any for breach of contract is time-barred on the basis that the company T-Mobile ceased operations circa 2010. Therefore any breach of contract is likely to have occurred prior to this date.
• Lowell claims that the alleged debt was assigned to them on 31/10/16 but no notice was given to you. Lowell must provide evidence that the claim was assigned and that such notice of was given to you and on what date prior to the claim being issued.

There is some example wording for the statute barred reference and notice of assignment which you can find here.

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