Lowell Vs Tallulla

[Tallullatrotter]

I have received a court claim today for myself for an old o2 debt, I'm following advice from here on my husbands court case but mine is different. I agree I owe it and want to make arrangements to pay in installments but what income do they take into account, just mine (child tax, child benefit & carers allowance ) or mine and husbands and do they count husbands disability & esa

Should I defend it even though I want to pay it, it's only 4 years old so they would have no problem getting the paper work they need if I ask

[MIKE770]

Re: Lowell Vs Tallulla

[MENTION=1937]nemisis[/MENTION]45

[Tallullatrotter]

Re: Lowell Vs Tallulla

Does anyone know anything that can help please

[Stu]

Re: Lowell Vs Tallulla

Do you work? If not one of you claim for the other, being married it will be a joint claim for benefits so they would take the claim as a whole into account..... If you really could do without all the hassle of paperwork and if it might impact on your husband's disability and as you say you want to pay then contact the Solicitors tell them your financial situation, your husband's disability and between the both parties come to an arrangement BUT it also might be worth taking into consideration sending a CCA request in on the chance they don't have the correct paperwork ...

[nemesis45]

Re: Lowell Vs Tallulla

Hello Tallulla,

Have you acknowledged service of the claim?
Your husbands benefits need not be mentioned.

Some details please:
Lowell as claimant : and who are the solicitors?
How much are they claiming?

Can you please post a copy of the claim form after removing your name /address and the claim No. Or write the details of the claim word for word please.

nem

[Tallullatrotter]

Re: Lowell Vs Tallulla

I have acknowledged the claim
claiment - lowell portfolioi 1 LTD
solicitors - lowell solicitors limited
claiming - £352.20 plus £35 court fees & £50 legal representative fees
total £437.20

1) The defendant entered into an agreement with o2 (UK) Ltd under account reference 123456 ('the agreement)
2)The defendant failed to maintain the required payment and a default notice was served and not complied with
3)The agreement was later assigned to the claimant on 31/07/2015 and notice given to the defendant
4) Despite repeated request for payment, the sum of £331.9 remains due and outstanding
And the claimant claims
a)The said sum of £331.90
b)interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.073, but limited to one year, being £20.30
c) costs

[nemesis45]

Re: Lowell Vs Tallulla

I have acknowledged the claim
claiment - lowell portfolioi 1 LTD
solicitors - lowell solicitors limited
claiming - £352.20 plus £35 court fees & £50 legal representative fees
total £437.20

1) The defendant entered into an agreement with o2 (UK) Ltd under account reference 123456 ('the agreement)
2)The defendant failed to maintain the required payment and a default notice was served and not complied with
3)The agreement was later assigned to the claimant on 31/07/2015 and notice given to the defendant
4) Despite repeated request for payment, the sum of £331.9 remains due and outstanding
And the claimant claims
a)The said sum of £331.90
b)interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.073, but limited to one year, being £20.30
c) costs

Ok no mention of an agreement regulated by CCA 1974 so a CCA request is not relevant.

Send a request under the provisions of Civil Procedure Rule 31.14 to Lowell Solicitors (no fee) for the documents mentioned in the Particulars of Claim. i.e. The agreement, the default notice, the notice of assignment.

Use signed for post and check delivery date and signature print off a copy for your records.

nem

[Stu]

Re: Lowell Vs Tallulla

Hello Tallulla,

Have you acknowledged service of the claim?
Your husbands benefits need not be mentioned. Surely if it's a joint claim the monies as a whole are taken into account ??

Some details please:
Lowell as claimant : and who are the solicitors?
How much are they claiming?

Can you please post a copy of the claim form after removing your name /address and the claim No. Or write the details of the claim word for word please.

nem

.....

[nemesis45]

Re: Lowell Vs Tallulla

.....

See post#1 first line: " received court claim for my self".

nem

[Stu]

Re: Lowell Vs Tallulla

Correct Nem but they're money coming into the household is a joint claim Ie not her's not his just one joint claim for both so they would take into account the household income (DLA obviously discounted) ??

[Tallullatrotter]

Re: Lowell Vs Tallulla

Don't know if it's relevant, Roger doesn't actually claim anything for me, he receives DLA & contribution based esa as he has sickness insurance from employer (been on sick for 13 years but still on their books) so we don't claim any income related benefit.

[Stu]

Re: Lowell Vs Tallulla

I most likely have it wrong TT my thought process was as you are married they would take all monies coming in the the home and counted as income my apologies

[Tallullatrotter]

Re: Lowell Vs Tallulla

You could be right stu, that's why I asked because I don't know what income I have to declare. I just worry that they'll take it all into account and then roger gets his DLA & esa stopped (you never know what the government will do)

[nemesis45]

Re: Lowell Vs Tallulla

Correct Nem but they're money coming into the household is a joint claim Ie not her's not his just one joint claim for both so they would take into account the household income (DLA obviously discounted) ??

If an I & E statement is required on an individual claim unless asked for a common financial statement keep it simple single income or mention partner is on discounted benefits.

[Tallullatrotter]

Re: Lowell Vs Tallulla

I think I've really done something wrong, I went on MCOL on 21st May and acknowledged the claim and was due to file my defence this week, I've logged onto mcol again but my claim isn't there, there's no file, no acknowledgment, nothing, I've tried to put my claim number in again and it says invalid.
It's like my acknowledgement somehow hasn't registered, does this mean I've automatically lost