lOWELL PORTFOLIO LTD CCJ

[DemonicReign]

HI ALL,

Received a ccj claim form today in the post and I don't know what to do, I been searching the web for some help. as u know money is a big issue right now with utilities etc going up in price I'm really struggling so I turn to you guys for some help.
particulars of claim:
1: the claim is for the sum of £273.36 due by the defendant (me) under three mobile
2: the defendant (me) failed to maintain contractual payments required under the terms of the account agreement
3; the debt was legally assigned to the claimant (lowell) on 26/11/2019 notice of which was given to the defendant
4: the claim includes statutory interest under s.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £21.87
the claimant (lowell) claims the sum of £295.23
I have already responded via moneyclaim.gov.uk an intend to fight it...question is how
any and all help most welcome

[DemonicReign]

have no idea what im doing any help will be appreciated. i been reading the posts on here but I'm sooo confused in to what I got to do, I don't even remember this debt and now a ccj claim form. guys need help any advice on how to proceed

[DemonicReign]

5AM and im still awake, i cant sleep or anything as this is just on my mind I have been stressing out for last couple days now, I been searching the net for answers and I just cant get my head around it all, I'm too ashamed I let things get this far I cant even turn to family for help I just don't know what to do, I don't want to be needy but I got no choice I seen the help others have got and I just need a little please

[DemonicReign]

bump...really need some Advice please

[DemonicReign]

sending off a cca to lowell and their solicitors along with a cpr to the solicitors, what to do next, my understanding is I give them 12 days from postage and then file a defence is that correct, if so what should I do for my defence. thanks in advance

[MIKE770]

not a CCA item! CPR31.14 to solicitors asking only what is recorded on court form. defence in 28 days after date on the court form. always submit defence 2 days before as to stop them trashing it before you start.


However be aware that for the Airtime Agreement - There is no law and this is NOT subject to the Consumer Credit Act

echat11

[DemonicReign]

Screenshot (147).jpgScreenshot (148).jpg 1st pic cca i sent out to lowell and 2nd pic cpr to the solicitors...i didn't include a cca copy to solicitors...i sent these out before I read your message hope it right

[DemonicReign]

Its the 30th today meaning lowell's solicitors have had about 2 weeks to respond but they have not as of yet...should i get a defence going with MCOL if yes...what should i write

[DemonicReign]

Im confused as to what sort of defence I can write up, its a three contract phone bill which went into default and now lowell has taken over it asking me for money I don't know what I'm doing, I've read quite a few defence scripts on here but I'm confused on to how to word it and my disability doesn't allow me to function properly so I'm kind of scared i might get it wrong and land my self into more trouble, i tried seeking help from family but as such is life when the bad times come they all run, I'm not having a good year and this on top of everything else going on in my life has really driven my depression to another level. I'm just so scared I don't know what to do please help me

[MIKE770]

echat11 Des-8 may be able to assist

[DemonicReign]

just trying to go through the forum again to see if I have missed anything, i cant seem to find a defence i can write up and I'm afraid I'm losing time according to MCOL "Your acknowledgment of service was received on 11/11/2022 at 16:05:06" where would that put me in terms of filing a defence surely its this week but again I'm not sure echat11 any help please i don't even know where to begin in this i done everything else by following other peoples posts such as cca and cpr which was recorded deliver sent out to solicitors and lowell themselves but this defence has me stumped

[atticus]

Which parts of the example Defence are you having difficulty with? https://legalbeagles.info/library/gu...-court-claims/

[DemonicReign]

1.The Defendant received the claim [Claim Number] from the [Name of Court – often Northampton or Salford] County Court on [Date you received the claim]

"that would be the date I got the ccj form right?"

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

"this is think remains"

3.This claim [is for/ appears to be for] a [Credit Card / Loan / Catalogue Account] agreement regulated under the Consumer Credit Act 1974.

"would this be " "this claim appears to be a three phone contract agreement regulated under the consumer credit act 1974"

4.It is [admitted/denied – Only deny opening the account if you genuinely believe you did not open the account, otherwise admit.] that the Defendant has [previously] entered into [an agreement/agreement] with [Original Creditor /Claimant] for provision of credit.

"it is admitted that the defendant has previously entered into an agreement with the original creditor being three mobile for provision of credit"

5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

"I assume this remains as is"

6.The Claimant’s Particulars of Claim [fail to state when the agreement was entered into/states the agreement was entered into on xx/xx/xxxx]

"I have no idea what to write for this"


7.[The Defendant contends the alleged debt is 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]

"this I assume doesn't need to be added"

8.The Claimants statement of case states that the account was assigned from [Original Creditor] to [Claimant] on [Date]. The Defendant does not recall receiving notice of this assignment.

"I do not recall receiving notice of assignment"

9.It is denied that [Original Creditor] served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

"this I assume remains"

10.On the [Date] The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to [Claimant’s Solicitor]. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment].

on the date 15/11/2022 the defendant....claimant solicitor which was overdales...i requested agreement, default notice and notice of assignment

11.[Claimant’s Solicitor] has not sent any of these documents to the Defendant.

"they have not as of today"

12.On the [Date] The Defendant sent a formal request for a copy of the original agreement to [Claimant] pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

"same date as No 10,"

13.The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

"I assume it remains"

14. The Defendant have asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. [The Parties agreed to an extension to the time period allowed for filing of the defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.]

"didn't receive anything back from overdales so unsure what to write here"

15.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

"unsure"

16.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.

"unsure"

17.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.

"unsure"

18.It is denied that the Claimant is entitled to the relief as claimed or at all.

sorry for this I'm not good with words and most of this is alien to me I feel bad for laying this on you guys but I'm just so helpless at the moment I know I messed up but if you can help me please do

[echat11]

Read through the Example defence posted by Atticus, you're filling in the relevant / correct information from the information you have at hand i.e. The Court Claim that you are responding too.

DEFENCE

1.The Defendant received the claim XXXXXXXXX from the Northampton County Court on XXXXXXXXX.

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim is for aCredit Card agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into agreements with XXXXXXX for the provision of credit.

5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6.The Claimant's Particulars of Claim fail to state when the agreement was entered into.

7.The Claimants Statement of Case does not state that the accounts were assigned to XXXXXX - the Defendant does not recall receiving Notice of Assignment prior to this claim being raised.

8.It is denied that XXXXXXX served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

9.On XXXXXXXX the Defendant sent a formal request for inspection of documents mentioned in the Claimants Statement of Case under CPR 31.14 to the Claimant. The Claimant has failed to provide this information.

10.On the XXXXXXXXX the Defendant sent a request under the Consumer Credit Act 1974 section 78 to receive documents referred to in the Claimants Statement of Case. The Claimant has not provided these.

11.On the XXXXXXXX The Defendant sent a formal request for a copy of the original agreement to XXXXXX pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.The Claimant has failed to comply with s 78 (1)] Consumer Credit Act 1974 and by virtue of s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

13.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

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

I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

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Also fill the following, copy / paste back to the thread.

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

[DemonicReign]

Received a claim? Yes/No: YES
Issue Date: 10/11/2022
Have you Acknowledged the Claim?: YES
Total Amount Claimed : £300
Claimant’s Name: LOWELL PORTFOLIO I
Solicitors Firm: OVERDALES SOLICITORS
Original Creditor: THREE MOBILE
Original Debt : THREE PHONE CONTRACT
Particulars of Claim: THE CLAIM IS FOR THE SUM OF 300 DUE BY THE DEFENDANT UNDER THREE MOBILE ACCOUNT WITH ACCOUNT REFERENCE XXXXXXXXXX
THE defendant failed to maintain contractual payments required under the terms of the agreement.
The debt was legally assigned to the claimant on 26/11/2019, notice of which has been given to the defendant. The claim includes statutory interest under s.69 of the county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £30.00
The claimant claims the sum of £300.00
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): NO
List any letters you have sent : I have sent a cca to lowell portfolio on the 15/11/2022 included £1 postal order and also sent cpr to overdales same date both letters were recorded delivery.

Any Other Information or Background Details: i did have a three contract phone a while ago and have defaulted on it I admit that money just been so tight lately and bad choices have led me here now I have no means of paying this due to the fact im not working and suffer from depression, anxiety and ptsd for over 5 years now. To be honest I kind of just buried my head and now its come back to bite me I feel such a failure im sorry guys.
DEFENCE

1.The Defendant received the claim 11/11/2022 from the Northampton County Court on 11/11/2022.

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim is for a three phone contract agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into agreements with three mobile for the provision of credit.

5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6.The Claimant's Particulars of Claim fail to state when the agreement was entered into.

7.The Claimants Statement of Case does not state that the accounts were assigned to XXXXXX - the Defendant does not recall receiving Notice of Assignment prior to this claim being raised.

8.It is denied that THREE MOBILE served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

9.On 15/11/2022 the Defendant sent a formal request for inspection of documents mentioned in the Claimants Statement of Case under CPR 31.14 to the Claimant. The Claimant has failed to provide this information.

10.On the 15/11/2022 the Defendant sent a request under the Consumer Credit Act 1974 section 78 to receive documents referred to in the Claimants Statement of Case. The Claimant has not provided these.


12.The Claimant has failed to comply with s 78 (1)] Consumer Credit Act 1974 and by virtue of s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

13.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

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

I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.