Received CCJ from Lowell HELP !

[Marra2]

Hi all
First time post on here but long time viewer
Received County court claim from Lowell today for an old mobile phone contract from nearly 6 years ago for £558.56
The solicitor is BW Legal and its Northampton County Court Business Centre.
I intend to respond online using the password given and I'd like to defend this as I can't have another CCJ I only have one and its due to go off next year !
Can I defend this ? If so how ?
If I dispute the full amount is it then up to Lowell to prove it ?
Many thanks in advance

[Kati]

Re: Received CCJ from Lowell HELP !

Hi Marra to LB

I'll tag [MENTION=55034]nemesis45[/MENTION] for you (he'll be able to help)
In the meantime ... a guide to your first steps is here - http://legalbeagles.info/forums/show...it-Court-Claim

K xx

[Marra2]

Re: Received CCJ from Lowell HELP !

Many Thanks

[nemesis45]

Re: Received CCJ from Lowell HELP !

Hi all
First time post on here but long time viewer
Received County court claim from Lowell today for an old mobile phone contract from nearly 6 years ago for £558.56
The solicitor is BW Legal and its Northampton County Court Business Centre.
I intend to respond online using the password given and I'd like to defend this as I can't have another CCJ I only have one and its due to go off next year !
Can I defend this ? If so how ?
If I dispute the full amount is it then up to Lowell to prove it ?
Many thanks in advance

Hello Marra, welcome to LB,

Most important acknowledge service of the claim asap to gain time, do not enter anything in defence at this time just intention to defend in full.


Some detail to give us something to work on please.

I. You say the debt is " from 6 years ago" is this when the account was opened or when it was closed / defaulted.

2. Do you know when the account was defaulted?

3. When was the last payment or acknowledgment of the debt made.

4. Does this debt appear on your credit reference files? You can check Noddle it's free online.

Can you tell me please word for word what is stated in the particulars of claim or post a suitably redacted copy of the N1 claim form,

nem

[Marra2]

Re: Received CCJ from Lowell HELP !

Hi
here is the details
Account type
Telecommunications Supplier

Account number
*****5215 0

Account start date
14/06/2010

Opening balance
£ 58

Repayment frequency
Monthly

Date of default
19/07/2011

Default balance
£ 58
Thats taken from my credit file I'll post the exact claim later as I,m at work and don't have the letter to hand
Thanks

[nemesis45]

Re: Received CCJ from Lowell HELP !

Hi
here is the details
Account type
Telecommunications Supplier

Account number
*****5215 0

Account start date
14/06/2010

Opening balance
£ 58

Repayment frequency
Monthly

Date of default
19/07/2011

Default balance
£ 58
Thats taken from my credit file I'll post the exact claim later as I,m at work and don't have the letter to hand
Thanks

Ok will look out for later post.

£58.00? just a typo?

nem

[Marra2]

Re: Received CCJ from Lowell HELP !

No typo this is the header
Lowell


£ 346

22/02/2016
Seems they've added some interest !

[nemesis45]

Re: Received CCJ from Lowell HELP !

No typo this is the header
Lowell


£ 346

22/02/2016
Seems they've added some interest !

Ok .

nem

[Marra2]

Re: Received CCJ from Lowell HELP !

Here's the actual claim word for word
Particulars of claim
The claimants claim is for the sum of £436.96 being monies due from the defendant to the claimant under a Mobile Telecoms agreement regulated by the consumer credit act 1974 between the defendant and EE Limited (formerly T-mobile UK Ltd) under account reference xxxxxxxxx and assigned to the claimant on 30/9/2010 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 count courts act 1984 at a rate of 8.00% per annum(a daily rate of £0.10 from the date of assignmentof the agreement to 30/9/2011 being an amount of £36.60

Hope this helps Thanks

[Marra2]

Re: Received CCJ from Lowell HELP !

Has letter from solicitors to contact them or a ccj might be entered on my credit file if I dont make a payment arrangement !
Can they do this or will the ccj be entered any way ?

[nemesis45]

Re: Received CCJ from Lowell HELP !

Here's the actual claim word for word
Particulars of claim
The claimants claim is for the sum of £436.96 being monies due from the defendant to the claimant under a Mobile Telecoms agreement regulated by the consumer credit act 1974 between the defendant and EE Limited (formerly T-mobile UK Ltd) under account reference xxxxxxxxx and assigned to the claimant on 30/9/2010 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 count courts act 1984 at a rate of 8.00% per annum(a daily rate of £0.10 from the date of assignmentof the agreement to 30/9/2011 being an amount of £36.60

Hope this helps Thanks

Ok.

They state a CCA 1974 regulated agreement so A CCA Request can be sent, see short cuts in the green box above.

Note us a postal order for the £1 statutory fee write " For Statutory Fee Only" on both sides make a copy and keep for your records.
Send by signed for post.

A CPR 31.14 request (no fee) goes to the solicitors this is for the documents mentioned in the particulars of claim Only i.e. " agreement regulated by CCA 1974" " Notice of assignment " and " the Default Notice"

Use signed for post and check delivery date and signature and print them off.

note : telecoms service contracts are not usually CCA'74 regulated but as Lowell states a regulated agreement the CCA request should be sent.

nem

[Marra2]

Re: Received CCJ from Lowell HELP !

Thanks I'lldo that tomorrow

[Marra2]

Re: Received CCJ from Lowell HELP !

Sent both off yesterday,Do I have 33 days to file my defence from the date on the CCJ which was 5th April ?

[nemesis45]

Re: Received CCJ from Lowell HELP !

Sent both off yesterday,Do I have 33 days to file my defence from the date on the CCJ which was 5th April ?

You have acknowledged service of the claim I hope???

nem

[Marra2]

Re: Received CCJ from Lowell HELP !

Oh yes on the 8th April !