Hello..Received county court buisness centre claim form.Maybe statute barred??/

[justmee]

Hello every one ,im new here. And I really could do with some help.
I have received a letter from county court business centre.
claimant : lowell portfolio ltd


I believe the original debt is for a phone service and has been sold to Lowell.
I also believe that the debt mite be statute barred but not sure, as shortly it should not gone to court if its over 6 years old.
My first question would be , dose the time start from the last payment or from the time phone company issued a default notice please?
I really need some help with this as im not very clued up on things like this. Thank you

[justmee]

Re: Hello..Received county court buisness centre claim form.Maybe statute barred??/

From reading some of the posts and information on here.Am I right thinking that I still need to do acknowledgment same way ,if its statute barred or not.And also send the same 2 letters(1 to the solicitor and another to claimant) asking for the information? Thank you in advance

[justmee]

Re: Hello..Received county court buisness centre claim form.Maybe statute barred??/

Any help would be appreciated please as o don't no what I'm doing in this matter and just want to get this sorted.

[charitynjw]

Re: Hello..Received county court buisness centre claim form.Maybe statute barred??/

From reading some of the posts and information on here.Am I right thinking that I still need to do acknowledgment same way ,if its statute barred or not.
Yes; within 19 days of the claim issue date (Front of the N1 court claim form).
And also send the same 2 letters(1 to the solicitor and another to claimant) asking for the information?
Not necessarily.
With most utility debts, the CCA request is not needed, as they are usually outside of the Consumer Credit Act. (A very few are 'regulated' by the CCA; very much exceptions to the rule, though).
You should send the CPR 31.14 letter, though. (Ask for any documents listed in the Particulars of Claim, send to the nominated legal representative, no fee, keep file copy & get proof of posting).
Thank you in advance

Hi & welcome to LB.

[justmee]

Re: Hello..Received county court buisness centre claim form.Maybe statute barred??/

First of all thank you very much for your reply,i really appreciate it.And thank you for welcoming me here,im so glad I found this site.
i did went ahead and acknowledge it earlier today(defend in full)
Will get the cpr template and sort that out as soon as possible. In particulars of the claim they mention : agreement under account reference number,failed payments and default notice,agreement assigned to claimant and notice to defendant.Im guessing i should be asking for all of them in cpr letter.
Thank you so much for your reply

[Danny Butts]

Re: Hello..Received county court buisness centre claim form.Maybe statute barred??/

Hi Justme,

If you can post up or type out the particulars of claim and other details in this format.

Issue Date:
Amount approx:
Claimant:
Solicitor:
Original Creditor:
Particulars of Claim: Please type out in full excluding names/account numbers
Is the debt Statute Barred?
List any letters you have sent:
Any Other Info:

The experts here are pretty busy so anything you can do to get the info over precisely will help them.

I've got a lowell claim for a mobile which seems to be worded just like yours, "agreement" with a mobile phone number as an "account number". for example. I sent the CPR and got back diddly, but I see that as my first victory.

I really cant work out the formatting here

[justmee]

Re: Hello..Received county court buisness centre claim form.Maybe statute barred??/

Thank you for your reply

Issue Date: 01 December 2016
Amount approx:aprox £300
Claimant: Lowell portfolio
Solicitor:lowell solicitors
Particulars of Claim: 1) The defendant entered into an agreement with xxxxxx under account reference number xxxxxx('the agreement).
2)The defendant failed to maintain the required payments and default notice was served and not complied with.
3)The agreement was later assigned to the claimant on xxxxxxx and notice was given to the defendant.
4)Despite repeated request for payment the sum of xxxxxx remains due and outstanding.
and the claimant claims
a)the said sum of xxxxx
b)interest pursuant to s69 county courts act 1984 at rate of 8% per annum from the date of assignment to the date of issue accuring at a daily rate of £0.079,but limited to one year,being £xxxx
c)costs
Is the debt Statute Barred? Not sure last payment was 12 th September 2010 but cancelation was issued around feb 2011.And not sure when default notice was issued.
List any letters you have sent:have written cpr and sending it tomorrow recorded signed for.
Any Other Info:i have acknowledged online.


hope this helps and somebody knows whats next,and I hope you get your claim gets sorted smoothly ,as I no it is stressfull.
Thank you so much for all help

[justmee]

Re: Hello..Received county court buisness centre claim form.Maybe statute barred??/

hello again I sent of cpr letter and now have had a reply from Lowell.
it goes on saying that they have received my letter an acknowledge of service. then it says account was for phone service taken out on 2009.They say account defaulted due to non payment june 2011 and was registered on file.( Looking at my bank statements last payment I made was sep 2010) Thay also say that deed of assignment will not be sent to me as its confidential which I cant see and that no other agreements or deed of novation exists between me and client. they have sent notice of assignment .and they say they have requested copy of statements and default notice and when they receive them they will forward them. until then the account will remain on hold

What is the next step please as I no I have to start preparing my defence soon . Can I use statute barred defence based on last payment or is that out of question because the default was 2011.
they also say account is on hold,but I guess I still have to put my defence in no matter what they say, any advice would be much appreciated. Thank you

[justmee]

Re: Hello..Received county court buisness centre claim form.Maybe statute barred??/

Really need some help from somebody that can help with defence as its due on 3rd of jan. I still not sure if I can use statute barred??
I guess if I can it be pretty straight forward defence to right. But I cant preper it until I no what I can and cant use in my defence, as its due soon im starting to panic a little,so any help would be greatfully received.Also dose the defence need to be done on 2nd jan so they have it on 3rd please?
Thank you so much for help so far

[justmee]

Re: Hello..Received county court buisness centre claim form.Maybe statute barred??/

Getting really desperate and panicking now as after all day of research and google, I still don't no which way I should take my defence and what would be my best argument and the best way of writing the defence just a few pointers on how to go about this would really really help.Thank you

[MIKE770]

Re: Hello..Received county court buisness centre claim form.Maybe statute barred??/

Defence Example adjust to your situation

[Kati]

Re: Hello..Received county court buisness centre claim form.Maybe statute barred??/

tagging [MENTION=55034]nemesis45[/MENTION] [MENTION=6]Amethyst[/MENTION]

[Amethyst]

Re: Hello..Received county court buisness centre claim form.Maybe statute barred??/

They are correct that a phone contract isn't usually regulated by the CCA. Did you purchase a SIM card on a contract for a phone you already had ?

Do you recall how long the contract was over? If the initial period was 18 months and that ran out before your last payment then you may be able to argue statute barred based on the last payment date. Otherwise it tends to be on the end of the contract date that is counted from. It's a bit up in the air though and you should still include the statute barred argument in your defence as the onus is on the claimant to argue otherwise, and quite often they just can't be bothered.

Do you have any argument about what the final bill amount is ? Was there any dispute over the amount charged at the time?

[justmee]

Re: Hello..Received county court buisness centre claim form.Maybe statute barred??/

Thank you ever so much for your replys you don't no how happy I am to have receive them.
To start with its not a mobile contract it's for a landline, don't no if that makes any difference.
It was a 12month contract taken out around April 2009 but it mite of automatically renewed as bt are crafty like that.
Last payment to them was September 2010
But according to lowell account defaulted 30 June 2011.(but I've got feelings the default was February or March time)
I'm not sure about amount being correct but it was never questioned with bt.
If I did mention statute barred do I just need to mention it somewhere in the defence please or do I need to back it up with payment info etc, or would that mean I have given info to lowell without them needing to try and find? Thank you so much for your help and happy new year to everyone hope it's a good one

[justmee]

Re: Hello..Received county court buisness centre claim form.Maybe statute barred??/

If I am putting in about it being statute barred, how would I need to word it please so that I don't admit to the debt please? And where abouts in the defence I should put it ie near the top, bottom or somewhere in the middle please? Also the debt is in my maiden name do I need to mention that in the defence it's self or is it ok if I just put my correct name at the start. And as it's not under credit act,is there anything else I can add in my defence that's not on templates please. I no I need to take out references to the consumers credit act
Thank you so much