Lowell/BW Legal - Three Mobile

[OhHappyDays]

Hi all,

I received a claim form, details as follows:

Issue Date: 04-09-2015
Amount: £290 + £25 court fee + £50 Legal costs
Claimant: Lowell Portfolio
Solicitor: BW Legal


Particulars of Claim:

The claimants claim is for the sum of £269.xx being monies due from defendant to the claimant under a mobile telecoms agreement regulated by the Consumer Credit Act 1974 between the defendant and Three Mobile under account xxxxxxxx and assigned to claimant on 29/12/2011 notice of which has been given to the defendant.


The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.


The claim also includes statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8.00% per annum ( a daily rate of £0.06 from the date of assignment of the agreement to 28/12/2012 being the amount of £21.xx

Original Creditor : Three Mobile -
Account start date -12/10/2008
Date of default - 14/12/2009

I sent acknowledgment of service on 09/09/2015 through MCOL with intent to defend in full.
CPR 31.14 was sent on 15/09/2015 requesting - 1. Agreement 2. Default Notice 3. Assignment

Recieved letter from BW Legal today stating they have noted my request for the documents to confirm my liability towards the Balance Due and that they have requested the same from their client,
The letter then goes on to state that BW Legals client may need to refer the request to the original creditor.
Furthermore, the letter states " Our clients claim is detailed within the County Court Claim Form issued through NCCBC and is unambiguous" --meaning??
"The claim form indicates the time period available to respond accordingly and your request for documents should not have an effect n you filing your defence" --How can i file defence without reviewing these docs??

Date of default according to noddle is 14/12/2009 and i have had no dealing whatsoever since then with the original creditor or any dca and have never acknowledged the debt so therefore assume that it will be statute barred 14/12/2015 which is less than three months. Is there a way of me delaying proceedings until then as it is so close?

I will try and attach correspondance letters if i can figure out how to do so.

Thanks so much for any help

[FlamingParrot]

Re: Lowell/BW Legal - Three Mobile

Particulars of Claim:

The claimants claim is for the sum of £269.xx being monies due from defendant to the claimant under a mobile telecoms agreement regulated by the Consumer Credit Act 1974 between the defendant and Three Mobile under account xxxxxxxx and assigned to claimant on 29/12/2011 notice of which has been given to the defendant.

Hi

Uhmmm, mobile telecoms agreement regulated by the CCA? :confused2:

I sent acknowledgment of service on 09/09/2015 through MCOL with intent to defend in full.
CPR 31.14 was sent on 15/09/2015 requesting - 1. Agreement 2. Default Notice 3. Assignment

Recieved letter from BW Legal today stating they have noted my request for the documents to confirm my liability towards the Balance Due and that they have requested the same from their client,
The letter then goes on to state that BW Legals client may need to refer the request to the original creditor.
Furthermore, the letter states " Our clients claim is detailed within the County Court Claim Form issued through NCCBC and is unambiguous" --meaning??

Translated from BWLegalese, it means that the particulars of claim should tell you all you need to know and you shouldn't need to ask for any documents they haven't got and will have to try and get from Three Mobile.

"The claim form indicates the time period available to respond accordingly and your request for documents should not have an effect n you filing your defence" --How can i file defence without reviewing these docs??

That's when you file a generic defence based around not having received them. :thumb:

Date of default according to noddle is 14/12/2009 and i have had no dealing whatsoever since then with the original creditor or any dca and have never acknowledged the debt so therefore assume that it will be statute barred 14/12/2015

The date a default was recorded on the CRA records is not relevant for SBd purposes. Defaults are supposed to be recorded three to six months after your first missed payment so, with a bit of luck, it could well be SBd already. ray:

which is less than three months. Is there a way of me delaying proceedings until then as it is so close?

The clocked stopped on the day the claim was issued, if it was SBd at that time then you can use that in your defence, :grin: see above, you can't really go with what Noodle says, have you any idea when you actually stopped paying this contract? You may try ringing Three and see if they can give you the info. :cell:

I will try and attach correspondance letters if i can figure out how to do so.

Thanks so much for any help

This should help: http://www.legalbeagles.info/forums/...r-details-safe!) :nerd:

[skilganon]

Re: Lowell/BW Legal - Three Mobile

Hi,

i would send them a CCA request for this ' agreement' regulated by the consumer credit act, that will throw a spanner in their works and give them something to think about.

after all their POC clearly states that this ' agreement' is regulated by the CCA !

i have just helped someone to see them off for something very similar to this :tinysmile_twink_t2:

[FlamingParrot]

Re: Lowell/BW Legal - Three Mobile

Hi,

i would send them a CCA request for this ' agreement' regulated by the consumer credit act, that will throw a spanner in their works and give them something to think about.

after all their POC clearly states that this ' agreement' is regulated by the CCA !

i have just helped someone to see them off for something very similar to this :tinysmile_twink_t2:

I think I remember also a post on here where the PoC stated an "agreement regulated by the CCA" and they also sent a CCA request.

[OhHappyDays]

Re: Lowell/BW Legal - Three Mobile

OK, so thanks for all the advice, sorry for the delay, been in a+e all weekend.... i shall send off a CCA request asap, how am i looking time wise before i have to submit my defence? issue date was the 4th so am i right in saying 33 days after that, which would be the wed 7th oct??? should i be requesting extension with bw legal and the courts as iv not received the docs i need to review for my defence?? im a bit unsure how to proceed to as i know im pushing it a bit time wise? what should i put on a standard defence as someone said above? thanks :>

Iv attached docs ive received from BW Legal and my CPR.

Thanks for all you help!!

edit: sorry for pic quality and im confused to why the figures are dfferent on each letter :S

[nemesis45]

Re: Lowell/BW Legal - Three Mobile

OK, so thanks for all the advice, sorry for the delay, been in a+e all weekend.... i shall send off a CCA request asap, how am i looking time wise before i have to submit my defence? issue date was the 4th so am i right in saying 33 days after that, which would be the wed 7th oct??? should i be requesting extension with bw legal and the courts as iv not received the docs i need to review for my defence?? im a bit unsure how to proceed to as i know im pushing it a bit time wise? what should i put on a standard defence as someone said above? thanks :>

Iv attached docs ive received from BW Legal and my CPR.

Thanks for all you help!!

edit: sorry for pic quality and im confused to why the figures are dfferent on each letter :S

As the POC mentions a contract regulated by CCA 1974 a CCA request is relevant, BW legal is notorious
for defective claims figures are quite often wrong.
Use signed for post for the CCA request direct to Lowell attention of Andrew Bartle COO the Lowell Group
Ellington House
9 Savannah Way
Leeds Valley Park
Leeds
LS 10 1 AH

nem

[OhHappyDays]

Re: Lowell/BW Legal - Three Mobile

OK thanks nemesis so much, i shall send that off tomorrow. am i right in saying i need to send a postal order for £1 to cover the cca or something???
sorry to ask again but if issue was 4th sept, what is the latest date to file my defence?

thanks

[nemesis45]

Re: Lowell/BW Legal - Three Mobile

OK thanks nemesis so much, i shall send that off tomorrow. am i right in saying i need to send a postal order for £1 to cover the cca or something???
sorry to ask again but if issue was 4th sept, what is the latest date to file my defence?

thanks

Yes us a £1 postal order write "for statutory fee only on both sides or a cheque similarly endorsed.

nem

[OhHappyDays]

Re: Lowell/BW Legal - Three Mobile

Ok, so slight update, i have found an old letter which i have attached, received 05/03/2012, which is a statement of account from 28/02/2009- 13/07/2009.

Please can someone have a look and confirm my suspicions that this is statute barred as last payment shows 13th July 2009??? It also shows the closing balance of £269.72 which is the alleged debt the are pursuing me for currently which shows i havnt made a payment since??

Am i corrent in how i am looking at this??

If so how am i best to proceed now?

Thanks so much

[nemesis45]

Re: Lowell/BW Legal - Three Mobile

Ok, so slight update, i have found an old letter which i have attached, received 05/03/2012, which is a statement of account from 28/02/2009- 13/07/2009.

Please can someone have a look and confirm my suspicions that this is statute barred as last payment shows 13th July 2009??? It also shows the closing balance of £269.72 which is the alleged debt the are pursuing me for currently which shows i havnt made a payment since??

Am i corrent in how i am looking at this??

If so how am i best to proceed now?

Thanks so much

If that 13 July date is the date of the last payment statute barred will depend on when 3 demand the payment of the full outstanding balance, which may have been a couple of months later i.e. August/September 2009.
Just for guidance only do you know when the default was registered on credit files?

nem

[OhHappyDays]

Re: Lowell/BW Legal - Three Mobile

Yea the date of default on noddle is 14/12/2009.... the only letter i received from THREE before i got the Statement of account from Lowell in my previous post, which was on 13/02/2012 saying they had previously tried contacting me about the account, stating i may not have heard from them due to moving house, and then goes on to say that i have 20 days in which to pay the outstanding balance in full from the date of this letter (13/02/2012) before they pass it on to their debt purchasing partner (Lowell).
Im still confused in that these letters are still after the default notice was posted on the credit reference agencies??

[nemesis45]

Re: Lowell/BW Legal - Three Mobile

Yea the date of default on noddle is 14/12/2009.... the only letter i received from THREE before i got the Statement of account from Lowell in my previous post, which was on 13/02/2012 saying they had previously tried contacting me about the account, stating i may not have heard from them due to moving house, and then goes on to say that i have 20 days in which to pay the outstanding balance in full from the date of this letter (13/02/2012) before they pass it on to their debt purchasing partner (Lowell).
Im still confused in that these letters are still after the default notice was posted on the credit reference agencies??

Hi,
From the dates I don't think the debt is statute barred, Lowell has I think just perhaps a month to six weeks ahead of the likely date that this would have been stat barred.

It would be worth a try writing to BW Legal simply stating that you believe the alleged debt to be statute barred, it can do no harm as long as no admission of liability is made as in.
Sir/Madam,

In reference to Claim Number xxxxxxxxxxxxxx, I believe the Alleged debt is statute barred under section 5 of the Limitation Act 1980, you may wish to refer this matter to your client.

Take note this letter is Not an admission of any liability to your client.

I've used this method to draw out dates and information in claims where dates are in doubt.

nem

[OhHappyDays]

Re: Lowell/BW Legal - Three Mobile

OK thanks nem, i shall try that, do you still think i should try sending the cca request, was going to send off today but with finding that old letter, think id convinced myself it was statue barred

thanks anyway you have been much help in clarification, clearly this is my first time going through this proceedure.

[OhHappyDays]

Re: Lowell/BW Legal - Three Mobile

HI, ok......so update...

On 29th i sent of a cca request off to lowells along with a letter to bw legal, as advised by nemesis, to say that i think this debt is statute barred, and also and cpr15.5 extension request due to not receiving to relevant documents that i could review to file my defense, all to no avail, except i recieved a letter from BW Legal on the 1/10/15 just saying "we write in reference to your letter dated 29/09/15 (not sure which), we confirm we are awaiting instructions from our client and will revert back to you in due course"

Defence is due imminently so ive drafted a rough one which id like you to review and see if im on the right lines.

I cant get back on to MCOL as i dont think i wrote down my MCOL number correctly, so am i able to email the defence to the court? And do i need to send a copy to lowell or BW Legal?

---------------------------------
IN THE NORTHAMPTON COUNTY COURT (CCBC)
CLAIM No: XXXXXXX

BETWEEN:

LOWELL PORTFOLIO 1 LTD
-AND-
XXXXXXXXXX




1: I received the claim XXXXXXXX from the Northampton County Court on 09/09/2015


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 Mobile Telecoms Agreement regulated under the Consumer Credit Act 1974.

4: The Defendant avers that Mobile Telecoms Agreements are not regulated under the Consumer Credit Act 1974, and therefore gives a false statement of case.

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 particulars of claim fail to state when the agreement was entered into.

7: The Claimants statement of case states that the account was assigned from THREE MOBILE to LOWELL PORTFOLIO on 29/12/2011. The Defendant does not recall receiving notice of this assignment.

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.

9: On the 15/09/2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to BW LEGAL. I requested the Claimant provide copies of the Agreement, The Default Notice and The Notice of Assignment.

10: BW LEGAL has not sent any of these documents to me.

11: On the 29/09/2015 I sent a formal request for a copy of the statement of account, AND the original agreement, pursuant to section 78 of the Consumer Credit Act 1974 to LOWELL PORTFOLIO along with the statutory £1 fee.

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

13: On 29/09/15 I sent a formal request asking the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), however, I received a reply from BW LEGAL on 01/10/2015 simply stating that they are awaiting instruction from their client and will revert back to me in due course, giving no indication of intended extension.

14: 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.

15: I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

16: In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.




Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .............................................

--------------------------------------------------------------------------------

thanks so much for all your help.

[nemesis45]

Re: Lowell/BW Legal - Three Mobile

Yes you can file directly to the court which will pass a copy to the claimant.

nem