3GHutchison/Lowell/BWLegal

[brucedego]

I recently received a letter from Northampton County Court on behalf of Bw legal who are representing Lowell who in turn are chasing a debt from an old 3g Hutchison phone contract.

I have acknowledged the service of the claim to the court with my intention to defend in full. I am currently drafting my CCA and CPR requests.

At the moment I have one point I am confused with: In the POC it refers to a 'non-regulated Communications agreement'.

Can anyone clarify this term for me?

Is a non-regulated Communications agreement still covered by the CCA and CPR requests?

Thanks in advance.

Bruce.

[FlamingParrot]

Re: 3GHutchison/Lowell/BWLegal

I recently received a letter from Northampton County Court on behalf of Bw legal who are representing Lowell who in turn are chasing a debt from an old 3g Hutchison phone contract.

I have acknowledged the service of the claim to the court with my intention to defend in full. I am currently drafting my CCA and CPR requests.

At the moment I have one point I am confused with: In the POC it refers to a 'non-regulated Communications agreement'.

Can anyone clarify this term for me?

Is a non-regulated Communications agreement still covered by the CCA and CPR requests

Hi and welcome!

This debt was for a mobile phone contract which would have been a service agreement and not a credit agreement. Mobile contracts are not regulated under the Consumer Credit Act (CCA) because they are not credit agreements.

You can still send the CPR request for documents mentioned on the PoC although in this case you would refer to the mobile contract rather than the agreement.

The CCA request doesn't apply to a mobile contract for the reasons noted above.

Would be good if you could give us a bit more info, such as:

• How much is the claim for and how old is this contract?
• When did you last make a payment?
• Are you disputing the amount claimed?

[brucedego]

Re: 3GHutchison/Lowell/BWLegal

Thanks for clearing that up FlamingParrot.

With the statutory interest and court fees etc. It comes in at a thousand and change. The original contract was taken out at the beginning of August 2007.

I'm not sure when I last paid toward this.

I took out two contracts at the time, one for me and one for my girlfriend. I still have my phone number, I assume that when we split up that my now ex-girlfriend stopped paying her bill, it was originally direct debit from my bank account but I vaguely recall stopping that whilst we were still together.

It's not that I am disputing the actual amount. The whole thing has come as a a surprise. I thought the Lowell letters and their various representatives were some kind of phishing scam so I've never acknowledged any of them.

I am not currently in a position to pay as I am a non dependant council occupant, who is a low income self employed part time care worker in receipt of Working Tax Credit.

Thanks again.

Bruce

[brucedego]

Re: 3GHutchison/Lowell/BWLegal

Also I'm now a little confused with the CPR, I assume that I wouldn't follow a 'classic' template for this?

[mystery1]

Re: 3GHutchison/Lowell/BWLegal

You can follow a basic template but you would only ask for things which are mentioned in the particulars of claim.

There may be a credit aspect to the agreement but it depends what it says regarding the actual phone really.

M1

[brucedego]

Re: 3GHutchison/Lowell/BWLegal

Thanks M1.

Do I have to send £1 PO with my CPR?

[mystery1]

Re: 3GHutchison/Lowell/BWLegal

No that is only for cca requests.

M1

[brucedego]

Re: 3GHutchison/Lowell/BWLegal

So I acknowledged my receipt of claim through MoneyclaimOnline on 06/05/2014 and sent my CPR recorded delivery on 12/05/2014.

I'm unsure what to do now/when the time comes and also the time frame I'm working to?

Do I have to apply to the court for an extension to file my defence?

B

[mystery1]

Re: 3GHutchison/Lowell/BWLegal

What is the date of claim ? You have 33 days from then to take action (defend, settle, make an application etc)

They have 7 days to disclose from receiving your cpr request and that's when you start annoying the crap out of them if they haven't complied.

M1

[brucedego]

Re: 3GHutchison/Lowell/BWLegal

Cheers M1.

The date the claim was issued by the court was 29/04/14, I make that reply by the 30/05/14

B

[FlamingParrot]

Re: 3GHutchison/Lowell/BWLegal

So I acknowledged my receipt of claim through MoneyclaimOnline on 06/05/2014 and sent my CPR recorded delivery on 12/05/2014.

I'm unsure what to do now/when the time comes and also the time frame I'm working to?

Do I have to apply to the court for an extension to file my defence?

No, if BW Legal don't reply to your CPR request, next week you can start chasing them for the documents and asking them to agree to an extension to file your defence, up to 28 days are allowed under CPR 31.15. :thumb:

You then notify the court of the extension.

[brucedego]

Re: 3GHutchison/Lowell/BWLegal

So if the online tracker confirms BW legal received my CPR request on the 13/05/2014 and I haven't heard anything back from them yet...

What/when do I send/do next?

I have read other relevant threads but I confuse myself so I'm sorry if what I'm asking is basic.

B

[mystery1]

Re: 3GHutchison/Lowell/BWLegal

Phone them and ask about compliance. Email them an overview of the call for evidence purposes.

Ask about an extension for the period for filing your defence too.

When you only have 9/10 days left to file a defence follow 3 & 4 http://www.legalbeagles.info/forums/...ic-information

M1

[brucedego]

Re: 3GHutchison/Lowell/BWLegal

Just got off the phone to BW Legal, they have received my CPR request (sent 12/05) but because they don't have the documents I have asked for (original or copied) they have referred it back to Lowell to gain access to said documents.

I was told that a letter has been sent to me by BW Legal (on the 14th) explaining this.

Letter just dropped on the mat, there are 2 as I sent a CPR 31.14 and a CPR 18. The letters do not refer which request is which, one wrongly states the date in which they received it (the day I sent it?).

They both confirm receipt of my requests and that they have to refer the matter back to their Client - LOWELL. In turn LOWELL may have to refer it to HUTCHISON 3G for the original documentation.

They say they seek to ensure the information I have requested within 12 working days on one 14 working days on the other but this is all dependant on the documents from the original creditor.

Although the lady (couldn't quite hear her name) I spoke to couldn't authorise an extension, after putting me on hold came back and told me I have till the 18th June to submit my defence. I asked for this in writing and was told that this request would be passed on to the correspondence team.

I failed to ask for an email address to send a copy of the telephone conversation overview, am I right in thinking I can send it to the email address on the letters - litigation@bwlegal.co.uk. I have found the email (on this forum)for the litigation team leader Alison Duckworth, who is dealing with my case I assume this would be better route.

What is my next step? Am I playing the waiting game or is there something pro active I could be doing?

B

[brucedego]

Re: 3GHutchison/Lowell/BWLegal

I sent the telephone conversation overview to the litigation team leader Alison Duckworth.

I rang them again today to see how the correspondence team are getting on with my request for the letter of confirmation that I have until 18/05/2014 to submit my defence.

Spoke to a guy named Ben who informed me that my request was with the correspondence team and I should receive the confirmation letter "probably" tomorrow (23/05/14) or "maybe Saturday" (24/05/14).

He then went on to try and get me to agree to something to to with LOWELL/3G HUTCHISON I think he was trying to get me to acknowledge the debt. I replied that I couldn't agree to anything as I don't have the documents to which the case refers and I have no knowledge what the claim is about.

Ben then asked me if I had submitted my defence, to which I once again replied that I needed the documents from them hence my original CPR request, he said they will "probably" get the documents from LOWELL/3G HUTCHISON.

I then asked why we were this having this conversation, said thank you very much and bid him good day.

I also sent an overview of this conversation to Alison Duckworth's email aduckworth@bwlegal.com

Still don't know what to do next, just wait I suppose?

I have started to get the supporting documents in place for fee remission in case I have to apply to the court for an extension for submitting my defence, dependant on my receipt of the documents outlined in the POC.

B.