AfroAsh VS Lowell

[AfroAsh]

Hi, All

I have recently received a county court letter ( Please see attached) with the claimant being lowell. The background of the debt was that it was an Tmobile contract i opened for a relative ( I know big mistake) at around 2010. The person i opened it for claims that she always paid it (bank statements can prove it) and has never seen any letters suggesting from tmobile that the contract was in arrears ( neither did I). So I recently came from abroad and found a few letters from lowell out of the blue. The first one was a offer for me to pay 50% of the debt. 2 were threats of court action and the third letter i received was the county court letter. These letters were all sent to me within a space of 4/5 months. As far i am concerned this contract was paid in full i remember vividly going to the tmobile branch after the contract ended and asking the Advisor to check if my account was in arrears and he said no.

I have acknowledged the claim via moneyclaim and I have started writing the CPR which i want to send tomorrow. But I was wondering what date do I put on the second sentence would it be 28 days after the receive date?
On xx/xx/xxxx I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X.

Many Thanks in advance

[Kati]

Re: AfroAsh VS Lowell

you could just leave the date out xx

[Debt Camel]

Re: AfroAsh VS Lowell

Have you asked your relative for her bank statements proving that she paid it? These may well be needed at some point, so this is a good point to ask for them.

What does your credit file show for this debt?

[AfroAsh]

Re: AfroAsh VS Lowell

Thanks for the replies guys really appreciate it .
I have left the date out and i have asked her for her bank statements. I will let you guys know when lowell reply

[AfroAsh]

Re: AfroAsh VS Lowell

Lowell has just got back to me saying that they are basically not obliged to provide the requested docs but have requested it from T-mobile. Please see attached any advice would be appreciated.

EDIT:Also I have until the 20th of Oct to submit my defense should I submit at the last possible minute?

[AfroAsh]

Re: AfroAsh VS Lowell

*bump* any advice guys?

[charitynjw]

Re: AfroAsh VS Lowell

Hi AfroAsh

It seems that they have confused your CPR 31 request with a Consumer Credit Act s77-79 request.
Did you send the CPR 31 letter to the solicitors?.
Did you get proof of posting?
In any event, Lowells have responded to it......wrongly!

[AfroAsh]

Re: AfroAsh VS Lowell

Hi AfroAsh

It seems that they have confused your CPR 31 request with a Consumer Credit Act s77-79 request.
Did you send the CPR 31 letter to the solicitors?.
Did you get proof of posting?
In any event, Lowells have responded to it......wrongly!

Yes I did send it to the solicitors with a first class tracked stamp. I still have the receipt as proof. Should i send another letter to lowell explaining that they responded incorrectly?

[charitynjw]

Re: AfroAsh VS Lowell

There are conflicting opinions on whether or not to do this
My feeling is that it depends on the circumstances of the particular case.
In regards to yours, my reasoning would be "They're the experts, there's no excuse for lack of diligence.....so why should I do their job for them!"
Others will possibly disagree, but the ultimate choice is yours.

[AfroAsh]

Re: AfroAsh VS Lowell

Hi again guys am writing my defence as i only have 2 days left to submit my defence and lowell are yet to provide me with the requested documents. since my account is an telecommunication account and its not regulated by the consumer credit acts. any advice on how i should word my defence? are there any other acts which i can use to replace the consumer credit act on the template found in the link below?
http://www.legalbeagles.info/forums/...t-Court-Claims

[AfroAsh]

Re: AfroAsh VS Lowell

Guys can you please read through my defense need to submit before midnight Thanks in advanced!!

1: I received the claim xxxxxxxxxx from the Northampton County Court on 24/09/2016

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: It is denied that the Defendant has previously entered into an agreement with EE for provision of credit.

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 EE to Lowell on 30/09/2014. The Defendant does not recall receiving notice of this assignment.

8. It is denied that EE 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 04/10/2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Lowell solicitors. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment

10. Lowell solicitors have not sent any of these documents to me.

11. On the 04/10/2016 I sent a formal request for a copy of the original agreement to Lowell pursuant to section [77 or 78] of the Consumer Credit Act 1974.

12. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

13. 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.

14. 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.

15. 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.

16. 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.



Signed

Dated 19/10/16

[charitynjw]

Re: AfroAsh VS Lowell

since my account is an telecommunication account and its not regulated by the consumer credit acts

Your post #10

Also, not in Claimant's PoC.

[AfroAsh]

Re: AfroAsh VS Lowell

Defence submitted thanks for your help guys. Also on another note i made an account with noddle and this debt doesnt show up on it. it just shows me that lowell done a search on me.

[AfroAsh]

Re: AfroAsh VS Lowell

I just received a copy of the Direct Questionnaire from Lowell. Will the court send me one to fill in or should I print a copy from moneysavers and send to them myself?

[nemesis45]

Re: AfroAsh VS Lowell

I just received a copy of the Direct Questionnaire from Lowell. Will the court send me one to fill in or should I print a copy from moneysavers and send to them myself?

You will get one from the court, if you don't get one in the next few days give the court a call.

nem