Help needed asap for defence by 7th jan..lowell /lucas credit services

[nemesis45]

Re: Help needed asap for defence by 7th jan..lowell /lucas credit services

HI

Getting very worried now , this isn't helping my anxiety ..

I need to send my defence by 7th Jan , and i really dont know what to say eeekkkk.
i had requested documents from Lowel in which Lucus sent me, obviously a 3rd party , as lowels bought the debt off them.
They sent me back a final statement of T mobile bill with charges and early end of contract charges etc but no actual breakdowns of my usage calls/texts etc.
on the statement the bill date 21st july 2011 .
it dont state any payments that i may have previously made or the last payment so i dont know if this is statute barred

Now i feel pretty much stuck as i dont know what to put on my defence i only received their documents christmas eve

Thanks for any help much appreciated

OK Go to the green box at the to of this page and take a look at the defence templates make a rough draft with the details you have then post here and we can build on it.

You have another thread on this I think so I'll ask [MENTION=49370]Kati[/MENTION] to merge them.
nem

nem

[nemesis45]

Re: Lowell court summons ...whats the next step ?

Any help please with my defence really worried as it needs to be in by 7th jan

thanks

Tabitha please keep to one thread, otherwise your post may be missed.

nem

[tabitha62]

Re: Help needed asap for defence by 7th jan..lowell /lucas credit services

Hi thanks nem

Is it the defence section? also bit confused with when it says original creditor and creditor as it seems lowel bought this debt from Lucas credit services but the debt originally was with T mobile. do i need to fill in the gaps on the template with creditor names?
sorry as im so not clued up about situations with legal stuff .

Thanks

[Kati]

Re: Help needed asap for defence by 7th jan..lowell /lucas credit services

You have another thread on this I think so I'll ask @Kati to merge them.
nem

sorted :yo: xx

- - - Updated - - -

Hi thanks nem

Is it the defence section? also bit confused with when it says original creditor and creditor as it seems lowel bought this debt from Lucas credit services but the debt originally was with T mobile. do i need to fill in the gaps on the template with creditor names?
sorry as im so not clued up about situations with legal stuff .

Thanks

example defence http://legalbeagles.info/forums/show...t-Court-Claims

you have to adapt it to your circumstances

Post up a draft on here when you're done and I'm sure [MENTION=55034]nemesis45[/MENTION] will look through it for you xx

[tabitha62]

Re: Help needed asap for defence by 7th jan..lowell /lucas credit services

Thanks nem but im not sure which defence is releveant to me as its with t mobile and they say the contract is by inserting sim into phone and also the docs they sent me was just a final bill ?? is it the 1st defence or 2nd i should be looking at on the defence template?

thanks

[MIKE770]

Re: Help needed asap for defence by 7th jan..lowell /lucas credit services

I put a Sim in my phone = no contract - pay as you go so makes nonsense of their silly argument - mind you that company is run by morons and pay off regulators they must do!

[tabitha62]

Re: Help needed asap for defence by 7th jan..lowell /lucas credit services

Do i have to copy and paste the whole form? and change it ? or pick out one paragraph? sorry if i seem im being thick.
its all numbered does it need to be that way as set out?

[nemesis45]

Re: Help needed asap for defence by 7th jan..lowell /lucas credit services

Thanks nem but im not sure which defence is releveant to me as its with t mobile and they say the contract is by inserting sim into phone and also the docs they sent me was just a final bill ?? is it the 1st defence or 2nd i should be looking at on the defence template?

thanks

Ok
I need to go back to the start of this to find some positive points to see where to go. I have some chores but will be back later.

nem

[tabitha62]

Re: Help needed asap for defence by 7th jan..lowell /lucas credit services

I was just thinking that Lowel only sent me 1 final bill with 2 mobile . and no calls texts just outstanding charge amounts and monthly plan charges .

Surely is this enough proof from them ?. there was no dates of my initial agreement with t mobile when i took out the contract at all. as i need to put in defence by 7th jan i have no time to get hold of any further docs i may need from them .

Thanks

[tabitha62]

Re: Help needed asap for defence by 7th jan..lowell /lucas credit services

Ive attatched the POC and the copy of final bill and covering letter lucas sent me as they seem to be a 3rdparty If thats any help
dont get why Lucus sent me the docs and not lowel when it was lowel that are taking me to court??

[tabitha62]

Re: Help needed asap for defence by 7th jan..lowell /lucas credit services

should i email lowells and ask for more documents , such as proof of my last payment? and proof i took out the t mobile agreement and when ? as i have a feeling this debt could be statute barred , im wondering would they send via email?


Please advise as i just need to get the defence in asap , this is really stress for me .

thanks

[charitynjw]

Re: Help needed asap for defence by 7th jan..lowell /lucas credit services

Hi tabitha62

As far as I know, Lucas are a 3rd party debt collection company, probably in this instance working for Lowell.

If it were me I'd send a CPR 31.14 letter (top of thread) to the solicitors (Cohens?) asking for the details of the contract (inc T&C's), the Notice of Assignment & a detailed breakdown of the sum mentioned in the Particulars of Claim.
Adapt the defence template to say that this has been sent on (date) & you are awaiting a reply, as the Claimant has not provided enough info for you to reasonably respond to their claim.
Get proof of posting for the CPR letter (no fee required).

Then SAR EE (T-Mobile) for all data held. (£10 fee, + again, proof of posting).

I'm guessing this is not statute-barred (ie payments have been made by you within the last 6 years).
Could you confirm or otherwise?

[tabitha62]

Re: Help needed asap for defence by 7th jan..lowell /lucas credit services

Hi there

I have already asked for any contracts /agreements and they sent me a final bill from t mobile with mostly charges and early termination penalty i have posted the paperwork from them on my posts.

my defence date is 7th jan . should i email lowell and ask for more documents? via email


dont think ive made payments as the final bill was dated 2011 there was no payments made by myself on there at all just all their charges and penaltys
would it be ok to email them for more info ?

[charitynjw]

Re: Help needed asap for defence by 7th jan..lowell /lucas credit services

Hi there

I have already asked for any contracts /agreements and they sent me a final bill from t mobile with mostly charges and early termination penalty i have posted the paperwork from them on my posts.
If you are referring to your CCA request, they (through Lucas) have already responded saying it is not a regulated agreement.

my defence date is 7th jan . should i email lowell and ask for more documents? via email
Personally I'd use SignedFor land mail.
& definitely a CPR letter (CPR=Civil Procedure Rules, so a legal procedure.)


dont think ive made payments as the final bill was dated 2011 there was no payments made by myself on there at all just all their charges and penaltys
Ok, so send Stat-Barred letter with your CPR request. It puts the onus on the Claimant (via their sols) to prove otherwise. See Debt Camel link below.
http://debtcamel.co.uk/statute-barred-debt/

Keep copies of all correspondence.
However, with utility bill agreements it can be difficult to pinpoint the actual date of termination.
& it is likely that this date (or similar 'default' date) will be used for the 6 year limitation period.

[tabitha62]

Re: Help needed asap for defence by 7th jan..lowell /lucas credit services

Hi thanks for your help

Can you please send me a link or help me with the cpr im not clued up at all in how to deal with this also statute barred letter

as i need to put my defence in by 7th jan, by writing to them again its going to go past the date for defence until i receive any correspondence back