Multay vs BW Legal\Lowell\Telefonica - County Court Claim Issued

[Multay]

Hi Everyone, I wondered if you could give me a little help.

I've just been issued with a County Court Claim by BW Legal on behalf of Lowell regarding an old o2 debt.

The POC are:

"The claimants claim is for the sum of £634.78 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 Telefonica UK limited under account reference xxxxx and assigned to the claimant on xxxxxx 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 etc. etc."

I've no idea if there is anything outstanding or not, or why its outstanding if there is a genuine balance, but I have completed the AOS and said I intend to defend in full.

So now the clock starts ticking....

On Monday I will send the following:

• CCA request to Lowell as they claim to own the debt.
• CPR 31.14 to BW Legal also enclosing a copy of the CCA Request I sent to Lowell.

All will be sent recorded delivery.

I have a basic defence written which is based on them having no paperwork etc. but is there anything else I should do?

I have no details of how it is the amount they claim it is other than the basic breakdown on the POC which gives the total amount as £796.42, have never had a default sent to me by anyone nor a termination of agreement or assignment.

Would someone have a look at my defence please? I'm unsure when I need to file my defence but I'm guessing it will need to be done by the end of the month allowing for the 7 days BW get to provide me with the documents?

Thanks in advance.

Mx

[charitynjw]

Re: Multay vs BW Legal\Lowell\Telefonica - County Court Claim Issued

Hi Multay & welcome to LB.

Your defence normally needs to be submitted within 33 days of the court claim issue date (front of the N1 court claim).
It is wise to send it towards the end of the deadline.
If you are using the Legal Beagles' CPR template, there is an invitation there for a 28 day extension to the deadline.

It may also be a good idea to make a Subject Access Request to O2 (Telefonica)
Details here - http://www.o2.co.uk/help/safety-and-...e-about-you#qs

When did you last pay into the account or acknowledge it in writing?

[Multay]

Re: Multay vs BW Legal\Lowell\Telefonica - County Court Claim Issued

Hi,

I'm not sure but it's certainly within the last few years so it won't be statute barred. As I say, I probably do owe them some money but it's definitely not that amount! Besides, I've heard nothing and Lowell seem to think they can claim they are owed money without proving anything. If they come up with some documents to support their claim, then fine but as far as I'm concerned I don't owe Lowell a penny... 😊

[charitynjw]

Re: Multay vs BW Legal\Lowell\Telefonica - County Court Claim Issued

Ok, so it would be an idea to send that SAR.

You can then use that info to compare any info that Lowells &/or BW may provide.

[Multay]

Re: Multay vs BW Legal\Lowell\Telefonica - County Court Claim Issued

Thank you... good point, I'll do that.

[charitynjw]

Re: Multay vs BW Legal\Lowell\Telefonica - County Court Claim Issued

Utility bills such as mobile 'phone bills are not usually regulated by the CCA.
Do you know if yours was?

[Multay]

Re: Multay vs BW Legal\Lowell\Telefonica - County Court Claim Issued

Hi, I'm just going by what they stated on the Poc... I used to get handsets so I'm assuming it is a cca rather than a service agreement. Either way if they are claiming it's a cca regulated agreement I guess I'm entitled to see it and if not it must undermine their claim and support the fact that they haven't got the paperwork???

[charitynjw]

Re: Multay vs BW Legal\Lowell\Telefonica - County Court Claim Issued

Yep!

Mind you, I've seen them (in other threads) claiming 'CCA regulated' on the PoC, then responding to a s77/78 request by saying 'it's a mobile 'phone utility bill, so not regulated'.

[Multay]

Re: Multay vs BW Legal\Lowell\Telefonica - County Court Claim Issued

So if they say it's a cca on the poc and it isn't, can they still continue with the claim or can I ask for it to be struck out due to the incorrect poc?

[charitynjw]

Re: Multay vs BW Legal\Lowell\Telefonica - County Court Claim Issued

Do you know for certain that they are incorrect?

[Multay]

Re: Multay vs BW Legal\Lowell\Telefonica - County Court Claim Issued

I don't... I'm just working on the assumption that if they refuse my cca request on the grounds it isn't a cca agreement that would mean the poc was wrong....

[charitynjw]

Re: Multay vs BW Legal\Lowell\Telefonica - County Court Claim Issued

If it were me, I'd wait until I had the actual documentary evidence from the SAR & the CCA/CPR requests.

[Multay]

Re: Multay vs BW Legal\Lowell\Telefonica - County Court Claim Issued

I think we're talking at crossed purposes here...😊 I'll wait to see what they come back with , if anything as my defense will be based on them not supplying the documents highlighted in the poc. They may well have them in which case I'll have to come up with a proposal I suppose but I wondered if they state is a cca in the poc and it isn't, does that adversely affect their claim.

[charitynjw]

Re: Multay vs BW Legal\Lowell\Telefonica - County Court Claim Issued

If you apply to strike the claim, it will cost you to do so.
If they apply to amend their PoC, it will cost them; given the low value of the claim, it may not be commercially viable.
It's a gamble.

[Multay]

Re: Multay vs BW Legal\Lowell\Telefonica - County Court Claim Issued

Do you think they would just discontinue? I know if there is a stay it will be up in aire forever...