Defence stage

[TeeTee]

Hi, I posted in the Welcome forum, probs needs to go here...

Hello all! I have a question about filling a defence? I have already requested Lowell solicitor provide my documents (CPR310 however it went signed for and wasn't signed for. I queried with with Royal mail who have admitted the error might be their own. But that doesnt help me as The defence is due tomorrow (i am sending by email) and I have put in the letter that I have requested the CPR31, Lowell will just say they never received a request! Will that hurt me if I request it again today and get the full tracked and traced registered post?
Also Should I attach documents with my defence?

1) The Defendant entered into an agreements with Sky UK Ltd under the account Reference ********** (The Agreement).
2) The defendant Failed to maintain the required Payments and the service was terminated.
3) The agreement was later assigned to the Claimant on 10/05/2019 and notice given to the Defendant.
4) Despite repeated requests for payment the sum of £168.12 remains due and outstanding.
And the claimant claims
a) The said sum of £168.12
b) Interest persuant to s69 County court act 1984 at the rate 8% per annum from the date of assignment to the date of Issue, accruing at a daily rate of £0.037, but limited to one year being £13.45

[MIKE770]

Example Defence in there put on such a dare I requested CPR31.14 to date no response, have copy of all LOwells next to never supply one at this stage, but can be made to long way down the line, so do not remind them as you do not want them to supply yet> read threads they are the enemy do not do their job for them -

[TeeTee]

Example Defence in there put on such a dare I requested CPR31.14 to date no response, have copy of all LOwells next to never supply one at this stage, but can be made to long way down the line, so do not remind them as you do not want them to supply yet> read threads they are the enemy do not do their job for them -

Hi Mike!

Defence is already done, just wondering about the other points. Especially do I attached supporting documents.
The dispute is relating to a sky debt that went to Lowells. Sky charged me for a bunch of telephone calls that I never made hundreds of them to the same service number over the space of a month or so.

[TeeTee]

Hello any body? Celestine MIKE770

Just need to know if I need to file any supporting documents with my defence, emailing it today. If not will that go to my witness statement should it get that far?

[Celestine]

Just send in your defence stand alone. Supporting documents can go attached to your witness statement down the line.
As you have the proof of posting, don't worry too much about the lack of signature the other end. Personally I'd give Lowell a call to check the CPR request was actually received, despite their historic reputation, they do usually acknowledge such requests and make an attempt to comply. Don't be afraid to chase.

[TeeTee]

Hello any body? Celestine MIKE770

Just need to know if I need to file any supporting documents with my defence, emailing it today. If not will that go to my witness statement should it get that far?

Hi Celestine

Thanks so much for your help.
Lowell have discontinued their claim.

I got a letter from court as I was expecting to be called by the mediators as I filled out a directions questionaire.

So as they have dropped the case (it was too strong for them as the fault was with SKY) does this mean they CANT revisit this and try to take me to court again. What about the alleged debt - can it be chased up again despite them dropping proceedings (another Debt Collectors picking it up?

Do I send them a letter to confirm the debt is clear etc?

[TeeTee]

Hi Celestine MIKE770 Just a little bump...

[MIKE770]

That's it ring court about a week time to confirm no need to write to anybody .

[TeeTee]

** Discontinued**

So does that mean Lowell cant chase me for this debt again as they have not explicitly stated that. Basically can they bring a claim again or pass it on to another debt agency? Amethy5t MIKE770 Celestine

[Celestine]

Yay well done! Very doubtful this would be subject to court action again, especially with such a low amount and clear evidence of a substantial dispute.
It is possible that it could get passed on to another debt purchaser - keep us informed if that happens.

[TeeTee]

Yay well done! Very doubtful this would be subject to court action again, especially with such a low amount and clear evidence of a substantial dispute.
It is possible that it could get passed on to another debt purchaser - keep us informed if that happens.

Thank you Celestine I have spent hours on this site pouring over various cases and have been in awe of the work you guys do to help people out of a pickle! I will let you know should this thing resurface. As I am sure it will do down the line. I am just happy I have my discontinued letter should they try.

[Celestine]

Thank you Teetee, we do what we can to help people through. I'm struggling to do as much as I'd like currently due to having to home school two lively boys!! Fingers crossed this is the last you hear of this account, but now you know what to do if it resurfaces! X