Court Claim - lowell portfolio / 3 mobile - 29-6-2015

[FlamingParrot]

Re: Court Claim - lowell portfolio / 3 mobile - 29-6-2015

sounds like the reconstituted stuff would be more effort needed from them than just finding the original. Im going to get the cca request of as well to lowell. The way I see it is that the more pressure i can put on them the better and It would be better to have it sent of so the Judge has less of a chance to rule against me. Having said that it all sounds like its a game of bluff and tricks with these companys preying on us underdogs.

Sites like this as a godsend

If you send a CCA request, they cannot enforce the debt without responding. That would leave them without any legal recourse if the original wasn't available. A recon gives them an option to comply with your request and attempt to make the account enforceable.

[ocdman]

Re: Court Claim - lowell portfolio / 3 mobile - 29-6-2015

Hi again,

This morning I received the response from lowells to my cca request. They returned my £1 postal order saying it was a service agreement not covered by the cca. Also received a letter from BW legal saying they are waiting on the proof I asked for from original creditor and will try to forward and they are looking forward to my defence from the court in due course.

I phoned the court helpline today. my acknowledgement was receieved all ok and I have until the 1st Aug to file my defence.

Why would Bw legal say on their claim that it is regulated by the cca when lowell tell me its not covered by the cca and its a service agreement? Im still going to say its statute barred in my defence but also point out the mistake by sending a copy of the letter from lowell telling me its a service contract , to the court. Is that a good idea?

Any further advice much appreciated. My minds working overtime thinking its some sort of trick by Bw legal to get me to ask the court to strike out as time barred and they come back with well its a service agreement .

[ocdman]

Re: Court Claim - lowell portfolio / 3 mobile - 29-6-2015

are service contracts not covered by the cca? If they had a two part contract like nem said some providers do , would that be a reason to return my £1 postal order or is it likely that its just a plain service contract and BW legal has made a mistake and said its a telecoms agreement covered by the cca ? is their any way I can exploit this or will the court just accept this as normal clerical mistakes.?