Court Claim - Lowell / o2 - 30-10-2015

**nemesis45** · 9th November 2015, 15:36:PM

Re: Court Claim - Lowell / o2 - 30-10-2015

Hi welcome to LB,
This it seems a mobile phone contract with O2, have you had an account
with them that perhaps you tried to cancel early incurring a cancellation fee?

Ist thing to do send a Request Under Civil Procedure Rule 3.14 (CPR 31.14)
to the solicitors the is for the documents mention in the particulars of the claim,
which in this case are:-

The agreement, the notice of assignment, use the template from the forum library.
The solicitors have 7days to comply.

nem

**Purpletingz** · 13th November 2015, 20:57:PM

Re: Court Claim - Lowell / o2 - 30-10-2015

Hi nem! Thanks so much for your response - I've had a 40th Birthday and internet access issues so sorry for the delay in my thanks. I have sent that letter, recorded delivery. I genuinely can't think of anything - I have had the same mobile number for years, with O2, and always upgraded on that number & contract. 8 or so years ago I had someone get a next catalogue in my name at an address I had moved from and dealing with the debt management company to clear my name was an extremely unpleasant experience. I don't think this is anything to do with that but that experience has put me off dealing with other things. That combined with depression making me really bad at dealing with stuff in phases. I'm not trying to make lame excuses - it's just a factor in things. What kind of things do I need to put in my defence? Thanks again, S.

**Purpletingz** · 25th November 2015, 16:01:PM

Re: Court Claim - Lowell / o2 - 30-10-2015

In response to my CPR31.14 request I have had a letter back from them acknowledging everything and saying - "We confirm the Claim Form was issued by the County Court Business Centre and that Court's Protocol was followed when issuing the Claimant's Particulars of Claim. Practise Direction 7C point 1.4 (3A) eliminates the requirement to attach the documents to the Particulars of Claim when they are issued by this Court. We confirm this matter will most probably be allocated to the Small Claims Track as this is a simple contractual matter and Part 31 of the Civil Procedures will therefore not apply. In any event the Notices of Default and assignment left the control of the Claimant when they were dispatched to you. It's the original Creditors policy to issue agreements at the start of the contract and statements throughout the duration of the agreement and, in this regard, we ask you to refer to your own records. We confirm our client is not agreeable to an extension for filing your defence. As you will be aware a Claim was issued in this matter on 30 October 2015 and we are in receipt of your Acknowledgement of Service and we note your intention to file a Defence."

I've read, and seen the template letter for a response to this but I'm getting a bit worried about timescales?

**Kati** · 25th November 2015, 16:30:PM

Re: Court Claim - Lowell / o2 - 30-10-2015

:bump: for [MENTION=55034]nemesis45[/MENTION] xx

**nemesis45** · 25th November 2015, 16:44:PM

Re: Court Claim - Lowell / o2 - 30-10-2015

Originally posted by Kati View Post

:bump: for @nemesis45 xx

Thanks Katixx

**nemesis45** · 25th November 2015, 17:00:PM

Re: Court Claim - Lowell / o2 - 30-10-2015

Originally posted by Purpletingz View Post

Hi nem! Thanks so much for your response - I've had a 40th Birthday and internet access issues so sorry for the delay in my thanks. I have sent that letter, recorded delivery. I genuinely can't think of anything - I have had the same mobile number for years, with O2, and always upgraded on that number & contract. 8 or so years ago I had someone get a next catalogue in my name at an address I had moved from and dealing with the debt management company to clear my name was an extremely unpleasant experience. I don't think this is anything to do with that but that experience has put me off dealing with other things. That combined with depression making me really bad at dealing with stuff in phases. I'm not trying to make lame excuses - it's just a factor in things. What kind of things do I need to put in my defence? Thanks again, S.

Hello again,

Your defence at this point
1. would seem to be that you have
no knowledge of this account.
2. The claimant/solicitor has failed to comply with CPR 31.14.
3.You have an ongoing relationship with O2 with out any problems.
4. You can mention that there was fraudulent activity at previous address
at which you were resident.
5. It is your belief that the alleged debt arises from fraudulent activity as
is evidenced by (a) your current account with 02 and (b) the previous fraudulent activity.

There's no lame excuses here S!! Happy Birthday !!
Just take a look at som threads with defences on them, this will give
you a clear idea of format & wording make a draft and post it here give
me a nudge [MENTION=55034]nemesis45[/MENTION] and I'll go through it with you.

nem

**Purpletingz** · 25th November 2015, 18:03:PM

Re: Court Claim - Lowell / o2 - 30-10-2015

Hi nem! Thanks! Did you see my post on this thread about having a letter back from Bryan Carter - do I respond to that or just go straight to filing my defence now? I will look at some defence examples - I have already but there is so much information on here and each thing I look at seems to vary slightly from my case and confuses me, or creates questions I don't know the answer to etc. Your advice is great and much appreciated.

**nemesis45** · 25th November 2015, 18:22:PM

Re: Court Claim - Lowell / o2 - 30-10-2015

Originally posted by Purpletingz View Post

Hi nem! Thanks! Did you see my post on this thread about having a letter back from Bryan Carter - do I respond to that or just go straight to filing my defence now? I will look at some defence examples - I have already but there is so much information on here and each thing I look at seems to vary slightly from my case and confuses me, or creates questions I don't know the answer to etc. Your advice is great and much appreciated.

Hi you could tell Carter that the CPR request still applies until the claim is allocated to the small claims track. ( there's a template in the forum library).
Get started on the defence now and we'll help you all the way.

nem

**Purpletingz** · 25th November 2015, 19:35:PM

Re: Court Claim - Lowell / o2 - 30-10-2015

OK, thanks, I'm on it!

**Purpletingz** · 27th November 2015, 16:45:PM

Re: Court Claim - Lowell / o2 - 30-10-2015

Ok, I will copy over what I have written for my defence. Point 3 of the example I used referred to the Consumer Credit Act but I know that does not apply to phone contracts. The particulars of claim make reference to the law of property act, so should I refer to that in point 3, something else, or just remove that point? Also what about point 7?

~

1. I received the claim [Claim Number] from the Northampton County Courton 5 November 2015.

2. Each and every allegation in theClaimants statement of case is denied unless specifically admitted inthis Defence.

3. This claim is for a Mobile PhoneContract..............

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

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

6. The Claimants statement of case states that theaccount was assigned from O2 to Lowell Portfolio on 31/03/2014. The Defendant does not recall receiving notice of this assignment.

7. It is denied that O2 served any Default notice on the Defendantpursuant to s87 Consumer Credit Act 1974. The Claimant is required toprove that a compliant Default Notice was served upon theDefendant.

8: On the 13 November 2015 I sent a request for inspection of documents mentioned in the claimants statement of caseunder Civil Procedure Rule 31.14 to Bryan Carter. I requested the Claimant provide copies of the Agreement, Default Notice and Noticeo f Assignment .

9. Bryan Carter has not sent any of these documents to me.

10. I have asked 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), but they have declined.

11. Under Civil Procedure Rule 16.5 (4) Where theclaim 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 expectedthat the Claimant be required to prove the allegation that the money is owed as claimed.

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

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

14. I have had an ongoing Contract with O2 for years, using the same number all that time, and have always paid my bill.

15. I do not know which address this relates to.

16. I have been a victim of fraudulent activity in the past and believe that may be the case withthis issue as evidenced by (a) my current account with 02 and (b) the previous fraudulent activity.

17. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendantbelieves that the facts stated in this Defence are true.

Is that OK? Is there anything else I need to add or change etc. Do I just submit that on the MCOL thing?

**nemesis45** · 28th November 2015, 10:35:AM

Re: Court Claim - Lowell / o2 - 30-10-2015

Originally posted by Purpletingz View Post

Ok, I will copy over what I have written for my defence. Point 3 of the example I used referred to the Consumer Credit Act but I know that does not apply to phone contracts. The particulars of claim make reference to the law of property act, so should I refer to that in point 3, something else, or just remove that point? Also what about point 7?

~

1. I received the claim [Claim Number] from the Northampton County Courton 5 November 2015.

2. Each and every allegation in theClaimants statement of case is denied unless specifically admitted inthis
Defence.

3. This claim is for a Mobile PhoneContract..............

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

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

6. The Claimants statement of case states that theaccount was assigned from O2 to Lowell Portfolio on
31/03/2014. The Defendant does not recall receiving notice of this assignment.

7. It is denied that O2 served any Default notice on the Defendantpursuant to s87 Consumer Credit Act 1974. The Claimant is required toprove that a compliant Default Notice was served upon the Defendant.There is no default notice for phone accounts. A Demand for Payment in Full then a Final Demand which will show the consequences i.e. the recording of a default on CRA Files. Amend to state No Demand or Final Demand received.

8: On the 13 November 2015 I sent a request for inspection of documents mentioned in the claimants statement of caseunder Civil Procedure Rule 31.14 to Bryan Carter. I requested the Claimant provide copies of the Agreement, Default Notice and Noticeo f Assignment .

9. Bryan Carter has not sent any of these documents to me.

10. I have asked 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), but they have declined.

11. Under Civil Procedure Rule 16.5 (4) Where theclaim 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 expectedthat the Claimant be required to prove the allegation that the money is owed as claimed.

12. 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.

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

14. I have had an ongoing Contract with O2 for years, using the same number all that time, and have always paid my bill.

15. I do not know which address this relates to.

16. I have been a victim of fraudulent activity in the past and believe that may be the case with this issue as evidenced by (a) my current account with 02 and (b) the previous fraudulent activity.

17. 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.

Is that OK? Is there anything else I need to add or change etc. Do I just submit that on the MCOL thing?

Good morning Responding to your PM,
I've double spaced the format and commented above.
Well done I think you've done well!!

nem

Yes submit by MCOL please beware this can ( and is at the moment ) temperamental so make careful notes of password etc.
If MCOL submission fails send by 1st Class signed for post.

**Purpletingz** · 30th November 2015, 20:30:PM

Re: Court Claim - Lowell / o2 - 30-10-2015

Ok, Defence submitted! Fingers crossed! Massive thanks to [MENTION=55034]nemesis45[/MENTION]!!

**nemesis45** · 30th November 2015, 20:37:PM

Re: Court Claim - Lowell / o2 - 30-10-2015

Originally posted by Purpletingz View Post

Ok, Defence submitted! Fingers crossed! Massive thanks to @nemesis45!!

Hi, Well done !! The court will pass the defence to the claimant who will then have 28 days to respond, if the claimant does not respond within the set time the court will stay ( suspend) the claim NB. you will not be informed if this happens so keep a close eye on the calendar you will need to check with the court to check the status of the claim.

nem

**Purpletingz** · 30th November 2015, 20:51:PM

Re: Court Claim - Lowell / o2 - 30-10-2015

Thanks nem, I was just wondering what happens next! So, if they do respond, does that mean I will know they have because I will get sent copies of all the relevant bits and pieces requested in the Defence and CPR31.14 etc?

Court Claim - Lowell / o2 - 30-10-2015