Lowell trying to fire a CCJ at me!!!

[Zaac]

So it all started mid last year i had a contract with o2 and due to me losing my job i couldn't keep up with it. So was forced to cancel. O2 took the micky and before long handed it to Lowell... I explained my position to Lowell who for some reason wanted £1800!!!!! for a £30 a month 12 month contract.

I asked them for the agreement between me and o2 and a statement of how it got to this amount... this was June/july time last year... I asked for all the documents and they were supposed to be coming back to me with them... This was the last i heard from them until 2 days ago when a county court form landed on my doormat... OMG...

These guys are taking the wizz!!!!!

The particulars are as follows and are all lies....

1) The defendant entered into a Consumer Credit Act 1974 agreement with o2 ltd under account reference ********* "the agreement"
2) the defendant failed to maintain the required payments and a default notice was served and not complied with.
3) the agreement was later assigned to the claiming on 29-02-2016 and notice given to the defendant
4) despite repeated requests for payment the sum of 1736.73 remains due and outstanding.
and the claimant claim interest etc etc etc


ok .... ]

After receiving the CCJ i contacted lowell to ask wtf they think they are doing....

particular number 1) i asked for a copy of this agreement and they are refusing to give it me because its a phone contract.
2)never agreed any repayments because i disputed the amount
3)it was actually assigned on 1/3/16 not sure how much weight that will hold dates wise but still..
4) other than 1 letter over 12 months ago nothing has been asked of me infact they haven't tried to call/text/email/letter me since i asked them for the documents proving i owed the debt and why it was so high.
4)NO LETTERS AT ALL NOT EVEN A NOTICE BEFORE ACTION...


when asked if any of these documents had been sent recorded the woman said no... they are arguing they sent 100000000 letters and i asked well if none were being responded to dont you think it will be a good idea to post 1 recorded delivery and see who signs for it?!?! or like a lot of other posts on here suggest they just turn up at your house!!!!


This is completely unfair and their intention is to land me with a CCJ albeit the claim form i've received isn't an original its a photocopied document but has a claim number etc.......

How do i deal with this!?
I

[Kati]

Re: Lowell trying to fire a CCJ at me!!!

Link to first steps here - http://legalbeagles.info/forums/show...it-Court-Claim

I'll tag [MENTION=55034]nemesis45[/MENTION] for assistance too xx

[charitynjw]

Re: Lowell trying to fire a CCJ at me!!!

Hi Zaac

Although phone contracts/agreements are not usually regulated, the Particulars of Claim state that yours is.

Definitely send them a CCA request with the £1 payment, get proof of posting & keep a copy for reference/evidence.

Also follow the First Steps......particularly, acknowledge the court claim asap

[nemesis45]

Re: Lowell trying to fire a CCJ at me!!!

Link to first steps here - http://legalbeagles.info/forums/show...it-Court-Claim

I'll tag @nemesis45 for assistance too xx

Good afternoon [MENTION=49370]Kati[/MENTION]

nemxx

[nemesis45]

Re: Lowell trying to fire a CCJ at me!!!

So it all started mid last year i had a contract with o2 and due to me losing my job i couldn't keep up with it. So was forced to cancel. O2 took the micky and before long handed it to Lowell... I explained my position to Lowell who for some reason wanted £1800!!!!! for a £30 a month 12 month contract.

I asked them for the agreement between me and o2 and a statement of how it got to this amount... this was June/july time last year... I asked for all the documents and they were supposed to be coming back to me with them... This was the last i heard from them until 2 days ago when a county court form landed on my doormat... OMG...

These guys are taking the wizz!!!!!

The particulars are as follows and are all lies....

1) The defendant entered into a Consumer Credit Act 1974 agreement with o2 ltd under account reference ********* "the agreement"
2) the defendant failed to maintain the required payments and a default notice was served and not complied with.
3) the agreement was later assigned to the claiming on 29-02-2016 and notice given to the defendant
4) despite repeated requests for payment the sum of 1736.73 remains due and outstanding.
and the claimant claim interest etc etc etc


ok .... ]

After receiving the CCJ i contacted lowell to ask wtf they think they are doing....

particular number 1) i asked for a copy of this agreement and they are refusing to give it me because its a phone contract.
2)never agreed any repayments because i disputed the amount
3)it was actually assigned on 1/3/16 not sure how much weight that will hold dates wise but still..
4) other than 1 letter over 12 months ago nothing has been asked of me infact they haven't tried to call/text/email/letter me since i asked them for the documents proving i owed the debt and why it was so high.
4)NO LETTERS AT ALL NOT EVEN A NOTICE BEFORE ACTION...


when asked if any of these documents had been sent recorded the woman said no... they are arguing they sent 100000000 letters and i asked well if none were being responded to dont you think it will be a good idea to post 1 recorded delivery and see who signs for it?!?! or like a lot of other posts on here suggest they just turn up at your house!!!!


This is completely unfair and their intention is to land me with a CCJ albeit the claim form i've received isn't an original its a photocopied document but has a claim number etc.......

How do i deal with this!?
I

Hi,

Have you just received a claim pack from Northampton County Court Business Centre? No Judgment has been made!

You must acknowledge service of the claim online see instructions on the forms do this asap, state intention to defend the claim in full But Do Not enter any defence at this point.

I take it the solicitor are Lowell in house idiots?

One Major Point Please Stay Off the Phone.

I don't know where you get the idea that someone is going " to turn up at your house" this is highly unlikely these days.

This is becoming a common story with Lowell stating that a claim arises from a regulated credit agreement when it actually does not.
This is not the first one this week.

I suggest just an idea that perhaps a Formal Complaint to one of the directors of Lowell Solicitors about the misleading and inaccurate particulars of claim may lead to some back tracking on their behalf.

I'm willing to draft a letter for you while we begin to build your defence.

nem

[Zaac]

Re: Lowell trying to fire a CCJ at me!!!

Hi Zaac

Although phone contracts/agreements are not usually regulated, the Particulars of Claim state that yours is.

Definitely send them a CCA request with the £1 payment, get proof of posting & keep a copy for reference/evidence.

Also follow the First Steps......particularly, acknowledge the court claim asap

On the phone they rejected the request but i will now do it in writing. I will acknowlege service and the intention to defend the claim.

Also there is another request I have been told i can make and give them 2 weeks to provide the info and if they don't the claim will be struck out etc but i dont know what that was!... They are not playing ball at all and won't even tell me how this debt has amounted to the amount it has.

[nemesis45]

Re: Lowell trying to fire a CCJ at me!!!

On the phone they rejected the request but i will now do it in writing. I will acknowlege service and the intention to defend the claim.

Also there is another request I have been told i can make and give them 2 weeks to provide the info and if they don't the claim will be struck out etc but i dont know what that was!... They are not playing ball at all and won't even tell me how this debt has amounted to the amount it has.

TBH I think the POC problems with phone and current accounts and Lowell's statements that debts arise from regulated agreements has got the stage of outright incompetence and they should be made to suffer for it.

Make sure the incorrect POC is mentioned in each defence and witness statement, may be they do it to cause confusion but it's wrong.

nem

[Zaac]

Re: Lowell trying to fire a CCJ at me!!!

I have done steps 1, 2 and 3, I've fired off the CCA request with the £1 postal order and the CPR 31.14 request (post office is next door... lifesaver)

I need to file some sort of defence.... Help!?

- - - Updated - - -

I'm all ears! I would very appreciatively like to accept your offer of help with this!

[charitynjw]

Re: Lowell trying to fire a CCJ at me!!!

What is the date of issue on the front of your court claim?

[nemesis45]

Re: Lowell trying to fire a CCJ at me!!!

I have done steps 1, 2 and 3, I've fired off the CCA request with the £1 postal order and the CPR 31.14 request (post office is next door... lifesaver)

I need to file some sort of defence.... Help!?

- - - Updated - - -

I'm all ears! I would very appreciatively like to accept your offer of help with this!

Ok 28 days to file from the date the claim was issued so a fair time to work on a defence now the claim is acknowledged.

nem

[Zaac]

Re: Lowell trying to fire a CCJ at me!!!

What is the date of issue on the front of your court claim?

Issue date 15/8/16 acknowledgement date is today 20/08/16

CCA request 20/08/2016 giving 12 working days from date of letter to reply with the request in full.

- - - Updated - - -

Ok 28 days to file from the date the claim was issued so a fair time to work on a defence now the claim is acknowledged.

nem

Awesome, I look forward to working with you!

[nemesis45]

Re: Lowell trying to fire a CCJ at me!!!

Issue date 15/8/16 acknowledgement date is today 20/08/16

CCA request 20/08/2016 giving 12 working days from date of letter to reply with the request in full.

- - - Updated - - -



Awesome, I look forward to working with you!

The CCA request timescale is 12 +2 working days for compliance from the date the request is received.

Failure to comply renders the debt unenforceable until the agreement or compliant reconstituted one is supplied.

nem

[Zaac]

Re: Lowell trying to fire a CCJ at me!!!

The CCA request timescale is 12 +2 working days for compliance from the date the request is received.

Failure to comply renders the debt unenforceable until the agreement or compliant reconstituted one is supplied.

nem

Is it going to be a problem that my letter stated 12 working days from the date of this letter to reply in full with the request?

i though i'd sent the CPR request by the PC2Paper website i used to send the letter gave me an error i hit send and just ran out the door as i was on my way out came back its not sent so ill redo it tomorrow.

But i've completed all the steps given in Basic first steps link at the top of the thread.

[charitynjw]

Re: Lowell trying to fire a CCJ at me!!!

Issue date 15/8/16
Defence due Sat 17th September (33 days from issue) as it stands.
They might agree to a 29 day extension, though (per CPR template letter)
acknowledgement date is today 20/08/16

CCA request 20/08/2016 giving 12 working days from date of letter to reply with the request in full.

- - -!

There's no advantage in filing a defence too soon; see what replies (if any) results from the CCA/CPR requests.

- -

[nemesis45]

Re: Lowell trying to fire a CCJ at me!!!

Is it going to be a problem that my letter stated 12 working days from the date of this letter to reply in full with the request?

i though i'd sent the CPR request by the PC2Paper website i used to send the letter gave me an error i hit send and just ran out the door as i was on my way out came back its not sent so ill redo it tomorrow.

But i've completed all the steps given in Basic first steps link at the top of the thread.

No, just to make you aware what the time scale is i.e. 14 working days from the date they receive the request.

nem