Court Claim - lowell / three - 5-9-2014

[sebco]

Received a claim? Yes
Issue Date: 5-9-2014
Amount approx: 376.20
Claimant: lowell
Solicitor: bryan carter
Original Credit: three

Particulars of Claim:
this claim is for 373.09 the amount due under an agreement between the original creditor and the defendant to provide finance and / or services and / or goods. This debt was assigned to / purchased by lowell portfolio ltd on 29/12/2011 and notice served persuant to the law of property act 1925.
particulars
re:three mobile
a/c no 9365364166
the claim includes statutory interest persuant to s69 of the county act 1984 at a rate of 8% per annum from the date of assignment of the agreement to date but limited to a maximum of one year amounting to 3.11

Stat Barred?

Have sent:

Other Info:
Good evening, i have just recieved this today so i have not responded yet without hopefully getting some advice from you good people. i first became aware of lowell earlier this year when they put a default notice on my Noddle credit report although strangely not on my experian although i noticed they had been checking my experian report for years. i requested Noddle remove the notice and they contacted lowell who refused, and now i have this from Northampton CCBC. i have never had a mobile phone with three, to start where i live there is no three coverage and i have had a mobile account with T mobile for over twelve years now so would have no reason for a three account. could you advise how best to proceed please obviously i am going to dispute the full ammount but i don't think the above will be much of a defence. thank you in advance. Seb

[Amethyst]

Re: Court Claim - lowell / three - 5-9-2014

Hi sebco,

First step is to acknowledge the claim and indicate your intention to defend in full. Doing that just gives you more time to deal with this and removes the risk of a default judgment.

That you have never had a three account is a perfectly valid defence. They need to prove that you have had a three account. They can't just bring court claims against people for anything they like, and they need to provide evidence that this money is owed by you. You could just submit a defence just stating that you have never held an account with Three and deny this debt is owing at all, or you could go through asking Lowell for the evidence prior to submitting your defence.

Have you had letters previously from lowell, other than trying to sort out your credit file ?

[sebco]

Re: Court Claim - lowell / three - 5-9-2014

Hi Amethyst and thank you for the reply. Yes I do recall seeing letters from these people but to be honest I just thought it was junk mail and shredded them I will send the reply to the court today stating my defence of never having an account I am concerned about the damage this will be doing to my credit report. Can you tell me what happens when the court receives my reply.

[Amethyst]

Re: Court Claim - lowell / three - 5-9-2014

Use the N9B form that came with the court forms, or you can do it online and moneyclaimonline (as presumably the claim came through moneyclaim northampton ccbc)

For now just do the acknowledgement as I think with the credit file issue you could include that in your defence ( or counterclaim it) but it would be a bit more work and we'd need to ask for info off lowell first. If you just acknowledge it will give you a bit more time to suss out any options. Really depends how important the credit file issue is to you.

[sebco]

Re: Court Claim - lowell / three - 5-9-2014

Good morning, Just a quick update for you, a couple of weeks ago I received a letter from the court that they had received my defence and a day or so later I had another from lowells solicitor to say he had been told to proceed with the case then last week another letter from the solicitor this time with what was alleged to be a blank form to have the case struck off which they would complete and send to the court if I signed it and agreed to pay the full amount within 7 days. Now that to me smacks of them realising they will lose, would you agree. Thanks.

[Kati]

Re: Court Claim - lowell / three - 5-9-2014

Good morning, Just a quick update for you, a couple of weeks ago I received a letter from the court that they had received my defence and a day or so later I had another from lowells solicitor to say he had been told to proceed with the case then last week another letter from the solicitor this time with what was alleged to be a blank form to have the case struck off which they would complete and send to the court if I signed it and agreed to pay the full amount within 7 days. Now that to me smacks of them realising they will lose, would you agree. Thanks.

Why should you agree to pay something if you are sure you have never had an account with them?? - personally I'd refuse :lol:
Did you ask Lowells for any information??

[sebco]

Re: Court Claim - lowell / three - 5-9-2014

Hi yes my point exactly, why would I agree to pay something I don't owe. I think they are just trying to scare me into paying . No I have never had any contact directly with Lowell or their solicitor only contact I have made was through the court it's them that keep contacting me.

[Kati]

Re: Court Claim - lowell / three - 5-9-2014

When is your defence due in??

[sebco]

Re: Court Claim - lowell / three - 5-9-2014

My defence was sent in on the 11th I think. it was basically I have never had an account with 3 for various reasons mainly that we have no coverage where I live so why would I. never heard of lowells etc. my last post is what has happened since then. Thank you.

[Kati]

Re: Court Claim - lowell / three - 5-9-2014

aaah, OK

So basically Lowells are trying to get you to pay without going to court (where it should be thrown out :lol - I'd just ignore their letter, and wait for the court case

Kxx

[sebco]

Re: Court Claim - lowell / three - 5-9-2014

Thank you for confirming my plan. Seb.

[Amethyst]

Re: Court Claim - lowell / three - 5-9-2014

What was your defence?

Ah s'ok you answered that one - '' it was basically I have never had an account with 3 for various reasons mainly that we have no coverage where I live so why would I. ''

[Amethyst]

Re: Court Claim - lowell / three - 5-9-2014

another letter from the solicitor this time with what was alleged to be a blank form to have the case struck off which they would complete and send to the court if I signed it and agreed to pay the full amount within 7 days.

Yes don't sign that, if you can post a copy up though that;d be good. Did you check your credit file to see if anything showed up on there?

[sebco]

Re: Court Claim - lowell / three - 5-9-2014

Hi Amethyst, I know you must get loads but you checked my defence for me on a PM when I sent it. I will try and scan a copy and post. It is just a plain white sheet of paper there are no official stamps or references just the details of the claim and a place for me to make an offer to pay and sign. Lowells put this on my credit file back in July with a default date of some time back in 2009 which was the first I had heard of it but notice the ammount outstanding as of today has gone up from 373 to 409 I requested it was removed when I first saw it but they refused.

[sebco]

Re: Court Claim - lowell / three - 5-9-2014

Morning everyone, the saga continues, yesterday I received another letter from the court stating that the case had been passed to the small claims track and enclosing a directions questionnaire for going to mediation, as far as I'm concerned there is nothing to discuss but I'm getting to the point now where do I make them an offer to make this stop or is that just what they are trying to do. whatever they have sent to the court after my defence someone obviously thinks there is something in it. Thanks again.