Lowell/Overdales Court Claim Form received 13/11/23

[debbie97531]

Those questions all look fine, just wait to see what the response is and in the meantime perhaps work on a draft of a defence to ensure you don't have to do it all last minute

Following issue of the CPR 31.14 on 21st Nov (full details listed previously) requesting:

1. Agreement
2. Notice of Assignment

Response received 4th Dec

'We have attached above, the Notice of Assignment requested for your records. Please note, as the above account is a telecommunications account, it is not regulated by the Consumer Credit Act 1974. Due to this, the original creditor is not obliged to provide you with a copy of the Agreement. Please refer to EE Limited’s website for their terms and conditions.'


NOA is odd as it's not on headed paper. Anyway, there are two letters dated same date Feb 2020 (merged together).

The first letter
The way to pay the outstanding balance on your EE account has changed. EE Limited has assigned the balance to Lowell Portfolio I Ltd. Which means that you owe them – not EE – your total outstanding balance of £XXXX. Lowell Portfolio I Ltd has appointed Lowell Financial Limited as their agent. So your payment should be made to Lowell Financial Limited at the address below...etc

The second letter
Introducing Lowell We buy debts from various companies and appoint our partner, Lowell Financial Ltd (Lowell), to work with customers to arrange repayment of the outstanding balance. On XX October, 2019, we bought your account from EE Limited with an outstanding balance of £XXXX. The balance on this account is now owed to Lowell. Any recent payments you have made will be forwarded to us. This debt is made up of contractual and call charges. If your service was cancelled before your contract end date, then you may have been charged an early termination fee for any remaining time on your contract....etc.

Is it standard for an assignment notification to take nearly 5 months (Oct 2019-Feb 2020)?

More importantly, the address on the NOA is incorrect.
Both letters are addressed to a house I haven't lived in for 6+ years. Therefore no chance of me receiving either of them. Moreover, the period in question (late 2019, early 2020) is exactly the period I was in full contact with Lowell over other matters therefore they had my correct address.

No response received regarding the part 18 questions. Not even an acknowledgement. Therefore still no detail on the account opening date/process.

I will respond back to Overdales and point out the address on the assignment is not my address and use this as the basis of my defence while I wait for the part 18 response.

[debbie97531]

jaguarsuk
its been 14 days and I haven’t received a response or even an acknowledgement for the part 18 questions. If the response is received late or they ask for additional time would there be a process to go through?

[echat11]

If I was you and hadn't received an extension from them, then I would start working on my defence, get it in within 28 days of the date on the claim form.

a) They say 'Please note, as the above account is a telecommunications account, it is not regulated by the Consumer Credit Act 1974'. They normally send an email saying your contract is for 24 months, each month you'll pay XX amount etc. They should also provide T's and C's which were in place at the time the contract was taken out, it is meaningless to say, look at the present T's and C's on the website, as there might have been a 'variation' within that period (the time the contract was taken out and the current T's and C's on the website). Example, they may merge / takeover another provider so may need to change the T's and C's.

b) Also their incorrect address on their letters of assignment. Again, it would be good to get evidence to back that up, i.e. CRA screenshot etc.

[debbie97531]

If I was you and hadn't received an extension from them, then I would start working on my defence, get it in within 28 days of the date on the claim form.

a) They say 'Please note, as the above account is a telecommunications account, it is not regulated by the Consumer Credit Act 1974'. They normally send an email saying your contract is for 24 months, each month you'll pay XX amount etc. They should also provide T's and C's which were in place at the time the contract was taken out, it is meaningless to say, look at the present T's and C's on the website, as there might have been a 'variation' within that period (the time the contract was taken out and the current T's and C's on the website). Example, they may merge / takeover another provider so may need to change the T's and C's.

b) Also their incorrect address on their letters of assignment. Again, it would be good to get evidence to back that up, i.e. CRA screenshot etc.

Here's my draft defence. Can I please get a review and feedback.

DEFENCE

1. The Defendant received the claim XXX from the Civil National Business Centre on 13^th November 2023.

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

1. This claim appears to be for a service agreement with EE Limited.

1. It is denied that the Defendant has previously entered into an agreement with EE Limited.

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

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

1. The Claimants statement of case states that the account was assigned from EE Limited to Lowell Portfolio 1 Ltd on 1st Sept 2019. The Defendant does not recall receiving notice of this assignment.

1. On 2^nd November 2023 The Defendant received a Letter of Claim dated 6^th October 2023 and subsequently returned the Reply Form on 3^rd November 2023 requesting the following; a copy of the written contract, the ID verification process and evidence of ID used to open the account, a copy of the notice of assignment of the debt, all correspondence from opening to closure of the account, all statements. No response to the Reply Form has been received.

1. No response to the Defendant’s requests within the Reply Form have been received.

1. On the 22^nd November 2023 The Defendant sent a request for inspection of further documents not mentioned in the claimant’s statement of case under Civil Procedure Rule Part 18 to Overdales Solicitors. I requested the Claimant provide evidence of the following

1. How was the account opened?
2. If opened online what was the IP Address logged of the application?
3. If on the telephone what was the telephone number used in the call?
4. Please provide a copy of the recording?
5. If it was opened in a store please provide a copy of the ID documents used?
6. Please provide a copy of the ID verification?
7. What is the date of the account being opened?
8. What was the address for correspondence of the account?
9. Were payments made to the account?
10. Did EE set up a direct debit?
11. What bank account did payments come from?
12. Who owns the bank account?
13. Were any alterations made to the account?
14. When was the account closed?

1. The Defendant has 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 18), but the Claimant has not responded.

1. At the time of filing this defence none of the above information has been provided to the Defendant.

1. On the 21^st November 2023 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Overdales Solicitors. The Defendant requested the Claimant provide copies of the Agreement and Notice of Assignment.

1. In response to the Defendant’s request dated 21^st November 2023, Overdale Solicitors provided on 4^th December 2023 a letter dated 3^rd February 2020 addressed to 1234 XXXXXX.

1. The Claim Form states ‘the debt was legally assigned to the claimant on 01-09-19, notice of which has been given to the defendant’. However the response received from Overdales Solicitors regarding assignment shows no such assignment took place on 1^st Sept 2019.

1. The Claimant has failed in their own Due Diligence to recognise the contradiction of these details and the inaccuracy with the Particulars of Claim.

1. Further, the address on the letter is not the Defendant’s address. The Claimant knew this at the date of the letter, 3^rd February 2020, as both parties were in contact regarding an identity theft claim which was evidenced at the time with witness statements with Court Reference XXXXX.

1. Correspondence regarding a previous matter between both parties is illustrated but not limited to the following:
   1. The Defendant wrote to the Claimant on 5^th August 2019.
   2. The Defendant called the Claimant on 14^th August 2019.
   3. On the 14^th August 2019 The Defendant sent a request for inspection of documents
   4. On the 21^st October 2019, the Claimant wrote to the Defendant.

1. The Claimant has failed in their own Due Diligence to recognise the contradiction of these correspondence details.
2. The Defendant confirms the address 6789 YYYY has been the Defendants address since 2015.

1. The Claimant is presenting to the Civil National Business Centre that the Defendant was residing at 1234 XXXX in Sept 2019 or Feb 2020 (the contradiction of date details) when they were fully aware that this was not the Defendant’s address.

1. 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.

1. 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.

1. 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.

1. 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. 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.
Signed ________
Dated ________

[debbie97531]

Not sure what has happened to the numbering but it is correctly showing on my working copy.

[echat11]

↵

1. The Defendant received the claim XXXXXXX from the Northampton County Court on 13th November 2023.
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. This claim appears to be for a service agreement with EE Limited.
4. It is denied that the Defendant has previously entered into an agreement with EE Limited.
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. On 2^nd November 2023 The Defendant received a Letter of Claim dated 6^th October 2023 and subsequently returned the Reply Form on 3^rd November 2023 requesting the following; a copy of the written contract, the ID verification process and evidence of ID used to open the account, a copy of the notice of assignment of the debt, all correspondence from opening to closure of the account, all statements.
9. No response to the Defendant's requests within the Reply Form have been received.
10. On the 22^nd November 2023 The Defendant sent a request for inspection of further documents not stated in the Claimant's statement of case under Civil Procedure Rule Part 18 to Overdales Solicitors.
11.Overdales Solicitors has not reponded to the Civil Procedure Part 18 request.
12. The Claimants statement of case states that the account was assigned from EE limited to Lowell Portfolio 1 on 1st September 2019. The Defendant does not recall receiving notice of this assignment.
13. The Defendant has 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 18), but the Claimant has not responded.
14. On the 21^st November 2023 The Defendant sent a request for inspection of documents mentioned in the claimant's statement of case under Civil Procedure Rule 31.14 to Overdales Solicitors. The Defendant requested the Claimant provide copies of the Agreement and Notice of Assignment.
15. In response to the Defendant’s request dated 21^st November 2023, Overdale Solicitors provided on 4^th December 2023 a letter dated 3^rd February 2020 addressed to 1234 XXXXXX.
16. 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.
17.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.
18.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.
19.It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth

I believe 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.
Signed ________
Dated ________

[echat11]

Have a read through.

In your Defence you are dealing with the statement of case, not giving a running commentary on everything, so for me there was way too much unnecessary stuff at this stage, all the stuff I've left out will go in your Witness Statement and Appendices as evidence.

You can email it to the Court, the email address for the Court is ccbcaq@justice.gov.uk or you can file it with the Court through MCOL, you will get an automatic acknowledgement of receipt, which ever way you decide to file it, but do it now.

If you email it, in the subject line write Defence - XXXXXXXXX v XXXXXXXXXX - Claim No: XXXXXXXXXX

In the email add a few more details i.e. Defence attached etc.

Remember to send the Claimant's solicitors a copy when you get back, make sure you get Proof of Postage,

[debbie97531]

↵

1. The Defendant received the claim XXXXXXX from the Northampton County Court on 13th November 2023.
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. This claim appears to be for a service agreement with EE Limited.
4. It is denied that the Defendant has previously entered into an agreement with EE Limited.
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. On 2^nd November 2023 The Defendant received a Letter of Claim dated 6^th October 2023 and subsequently returned the Reply Form on 3^rd November 2023 requesting the following; a copy of the written contract, the ID verification process and evidence of ID used to open the account, a copy of the notice of assignment of the debt, all correspondence from opening to closure of the account, all statements.
9. No response to the Defendant's requests within the Reply Form have been received.
10. On the 22^nd November 2023 The Defendant sent a request for inspection of further documents not stated in the Claimant's statement of case under Civil Procedure Rule Part 18 to Overdales Solicitors.
11.Overdales Solicitors has not reponded to the Civil Procedure Part 18 request.
12. The Claimants statement of case states that the account was assigned from EE limited to Lowell Portfolio 1 on 1st September 2019. The Defendant does not recall receiving notice of this assignment.
13. The Defendant has 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 18), but the Claimant has not responded.
14. On the 21^st November 2023 The Defendant sent a request for inspection of documents mentioned in the claimant's statement of case under Civil Procedure Rule 31.14 to Overdales Solicitors. The Defendant requested the Claimant provide copies of the Agreement and Notice of Assignment.
15. In response to the Defendant’s request dated 21^st November 2023, Overdale Solicitors provided on 4^th December 2023 a letter dated 3^rd February 2020 addressed to 1234 XXXXXX.
16. 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.
17.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.
18.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.
19.It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth

I believe 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.
Signed ________
Dated ________

Thank you, can I just clarify I just need to send the defence and not the witness statement and evidence at this stage? I think I've got ahead of myself getting all my ducks in a row.

[echat11]

Thank you, can I just clarify I just need to send the defence and not the witness statement and evidence at this stage? I think I've got ahead of myself getting all my ducks in a row.

Yes just the Defence. Email it or MCOL, otherwise it will get delayed in the post.

The main steps are, Defence - maybe Mediation - Witness Statement - Hearing.

[debbie97531]

Yes just the Defence. Email it or MCOL, otherwise it will get delayed in the post.

The main steps are, Defence - maybe Mediation - Witness Statement - Hearing.

Hi echat11
Received a copy of the Claimant's DQ as Overdales have agreed to Mediation via the small claims mediation service however I still don't have any information regarding the claim. Not yet received a DQ from the Court but I expect it is in the post.

Their DQ requests telephone mediation however E3 is blank (no Overdales witnesses)?

[echat11]

a) Received a copy of the Claimant's DQ as Overdales have agreed to Mediation via the small claims mediation service however I still don't have any information regarding the claim. Not yet received a DQ from the Court but I expect it is in the post.

Wait for the DQ from the Court, you can put, that although you want mediation, you haven't received the requested documentation on the DQ form that you receive from the Court.

https://legalbeagles.info/library/gu...uestionnaire//

b) Their DQ requests telephone mediation however E3 is blank (no Overdales witnesses)?

No doubt for most of their debt claims witnesses aren't called, so pretty standard.

[debbie97531]

a) Received a copy of the Claimant's DQ as Overdales have agreed to Mediation via the small claims mediation service however I still don't have any information regarding the claim. Not yet received a DQ from the Court but I expect it is in the post.

Wait for the DQ from the Court, you can put, that although you want mediation, you haven't received the requested documentation on the DQ form that you receive from the Court.

https://legalbeagles.info/library/gu...uestionnaire//

b) Their DQ requests telephone mediation however E3 is blank (no Overdales witnesses)?

No doubt for most of their debt claims witnesses aren't called, so pretty standard.

Can I please check something
Overdales last correspondence was 12th Jan confirming their DQ and mediation.
Nothing received from the court (two weeks have passed).
Logged into MCOL and the last info on there is my defence submission mid December.
Should I see a log on MCOL indicating the claimant has responded with a DQ?
Should I see anything else on MCOL indicating I can request the claim is set aside or is timed out, etc?

[echat11]

Can I please check something
Overdales last correspondence was 12th Jan confirming their DQ and mediation.
Nothing received from the court (two weeks have passed).
Logged into MCOL and the last info on there is my defence submission mid December.
Should I see a log on MCOL indicating the claimant has responded with a DQ?
Should I see anything else on MCOL indicating I can request the claim is set aside or is timed out, etc?

a) Nothing received from the court (two weeks have passed).

Courts are backlogged, Christmas adds to that, so give it another week, then ring the Court.

b) Logged into MCOL and the last info on there is my defence submission mid December.

That's standard, don't expect much from MCOL, it's job is done.

c) Should I see a log on MCOL indicating the claimant has responded with a DQ?

No.

d) Should I see anything else on MCOL indicating I can request the claim is set aside or is timed out, etc?[/QUOTE]

As above.

[debbie97531]

a) Nothing received from the court (two weeks have passed).

Courts are backlogged, Christmas adds to that, so give it another week, then ring the Court.

b) Logged into MCOL and the last info on there is my defence submission mid December.

That's standard, don't expect much from MCOL, it's job is done.

c) Should I see a log on MCOL indicating the claimant has responded with a DQ?

No.

d) Should I see anything else on MCOL indicating I can request the claim is set aside or is timed out, etc?

As above.

[/QUOTE]

Finally received 'Notice of proposed allocation to the small claims track'

Take note that
1. This is now a defended claim. The defendant has filed a defence.

2. It appears that this case is suitable for allocation to the small claims track. If not appropriate complete box C1 on the DQ.

3. You must by 20 Feb 24 complete the small claims directions questionnaire (form N180) and file it with the court (Civil National Business Centre) and serve copies on all other parties.


There is no further correspondence from Overdales with any of the information requested. When serving the DQ on Overdales, should I reissue the request for further information with the DQ to the court and Overdales? or should I wait and use it later?

The Small Claims Paper Determination Pilot is throwing me a bit.
Is D1 where I list all witnesses so as to have a hearing? I am tempted to list Lowel Solicitors who are Lowell Portfolio 1's legal representative for their previous claim in which I have a letter of discontinuance. Or is this just evidence and there is no benefit to bringing them in as a witness?

[echat11]

Finally received 'Notice of proposed allocation to the small claims track'

Good

Take note that
1. This is now a defended claim. The defendant has filed a defence.

That's standard.

2. It appears that this case is suitable for allocation to the small claims track. If not appropriate complete box C1 on the DQ.

Ignore C1.

3. You must by 20 Feb 24 complete the small claims directions questionnaire (form N180) and file it with the court (Civil National Business Centre) and serve copies on all other parties.

So after you filled it in, email a copy to the Court. In the Subject Line write - Case No - Directions Questionnaire - XXXXXXXX v XXXXXXXX.,
then post a copy to the Creditors solicitors.

4. There is no further correspondence from Overdales with any of the information requested. When serving the DQ on Overdales, should I reissue the request for further information with the DQ to the court and Overdales? or should I wait and use it later?

Just write on the DQ, that you have requested information from Overdales, but to date you have not received it.

5. The Small Claims Paper Determination Pilot is throwing me a bit.

I think that is referring to a Hearing without you present. You don't want that. You want a Hearing in person.

6. Is D1 where I list all witnesses so as to have a hearing? I am tempted to list Lowel Solicitors who are Lowell Portfolio 1's legal representative for their previous claim in which I have a letter of discontinuance. Or is this just evidence and there is no benefit to bringing them in as a witness?

No, you don't want to call Witnesses, reason being, say you lost the case, you would have to pay costs, travel, hotel etc.
You've got the evidence, letter of discontinuance etc. no need to go the Witness route.