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

[tabitha62]

Hi everyone :santa_smiley:

Im new here and i need some advice as totally lost now in what to do .

Story is i received a court summons ON 5 December 2016 ie.county court business centre katherine house from Lowell debt collection for a T Mobile bill going back some years.
I filed acknowledgment online and im defending in full.
so far i have took the advice of sending a £1 p/o requesting more evidence/proof of contracts agreements etc

Today i received a response back stating that under the consumer credit act 1974 there is no statutory requirements to complete and sign an agreement document in order to obtain a mobile account as such.
so basically accounts of this type ie.. mobile contracts they dont have to provide evidence and the binding contract is when you actually insert the sim card into the phone!


Along with that they sent a statement from T Mobile with the mobile number on and my name etc it was a final bill with the amount on that is owed , and all the charges. No break down on any texts, calls that were made from the phone.

Now i feel pretty much stuck and i dont know what my next move is.
I would appreciate some help on what my next move is also i want to add the letter that i received today with al the above was actually not from Lowells it was from a company called
LUCAS CREDIT SERVICES!!!! i take it this is a 3rd party they have got involved .

Thanks for time with any help advice anyone can give me

[tabitha62]

Lowell court summons times running out need help with defence

Hi everyone :santa_smiley:

Im new here and i need some advice as totally lost now in what to do .

Story is i received a court summons ON 5 December 2016 ie.county court business centre katherine house from Lowell debt collection for a T Mobile bill going back some years.
I filed acknowledgment online and im defending in full.
so far i have took the advice of sending a £1 p/o requesting more evidence/proof of contracts agreements etc

Today i received a response back stating that under the consumer credit act 1974 there is no statutory requirements to complete and sign an agreement document in order to obtain a mobile account as such.
so basically accounts of this type ie.. mobile contracts they dont have to provide evidence and the binding contract is when you actually insert the sim card into the phone!


Along with that they sent a statement from T Mobile with the mobile number on and my name etc it was a final bill with the amount on that is owed , and all the charges. No break down on any texts, calls that were made from the phone.

Now i feel pretty much stuck and i dont know what my next move is.
I would appreciate some help on what my next move is also i want to add the letter that i received today with al the above was actually not from Lowells it was from a company called
LUCAS CREDIT SERVICES!!!! i take it this is a 3rd party they have got involved .

Thanks for time with any help advice anyone can give me

[nemesis45]

Re: Lowell court summons times running out need help with defence

Good morning, welcome to LB

Telephone accounts are not regulated by the Consumer Credit Act 1974 ( as amended) as they are service contracts not credit agreements.
Was there any dispute with T Mobile that lead to you not paying the final bill?
Who is the claimant on the claim form?
nem

[tabitha62]

Re: Lowell court summons times running out need help with defence

Hello

The Hi everyone

Im new here and i need some advice as totally lost now in what to do .


Story is i received a court summons ON 5 December 2016 ie.county court business centre katherine house from Lowell debt collection for a T Mobile bill going back some years.
I filed acknowledgment online and im defending in full.
so far i have took the advice of sending a £1 p/o requesting more evidence/proof of contracts agreements etc


Today i received a response back stating that under the consumer credit act 1974 there is no statutory requirements to complete and sign an agreement document in order to obtain a mobile account as such.
so basically accounts of this type ie.. mobile contracts they dont have to provide evidence and the binding contract is when you actually insert the sim card into the phone!




Along with that they sent a statement from T Mobile with the mobile number on and my name etc it was a final bill with the amount on that is owed , and all the charges. No break down on any texts, calls that were made from the phone.


Now i feel pretty much stuck and i dont know what my next move is.
I would appreciate some help on what my next move is also i want to add the letter that i received today with al the above was actually not from Lowells it was from a company called
LUCAS CREDIT SERVICES!!!! i take it this is a 3rd party they have got involved .


Thanks for time with any help advice anyone can give me is Lowell's also on the court summons there is a solicitors Cohen cramer and the letter i received back yesterday with a t mobile statement with the final balance of £1047 was actually from Lucus credit services im confused as it looks as though there's a 3rd party.
Cant remember fully if there was a dispute with T mobile, as to be honest was so long ago and i know i did want to end the contract and on the statement there are charges and outstanding amounts they say i owed them.
Thanks for your help

[tabitha62]

Re: Lowell court summons times running out need help with defence

Hi there

Lowell's is the claiment also on the court summons there is a solicitors Cohen cramer and the letter i received back yesterday with a t mobile statement with the final balance of £1047 was actually from Lucus credit services im confused as it looks as though there's a 3rd party.
Cant remember fully if there was a dispute with T mobile, as to be honest was so long ago and i know i did want to end the contract and on the statement there are charges and outstanding amounts they say i owed them.
Thanks for your help

[nemesis45]

Re: Lowell court summons times running out need help with defence

Hi there

Lowell's is the claiment also on the court summons there is a solicitors Cohen cramer and the letter i received back yesterday with a t mobile statement with the final balance of £1047 was actually from Lucus credit services im confused as it looks as though there's a 3rd party.
Cant remember fully if there was a dispute with T mobile, as to be honest was so long ago and i know i did want to end the contract and on the statement there are charges and outstanding amounts they say i owed them.
Thanks for your help

Ok Was there a covering letter with the stuff from Lucas? My guess without seeing the documents is that the debt was in the hands of Lucas prior to the sale of the debt to Lowell and Lowell has asked them for any data they held on the debt.

If you can please post the documents you have received after removing personal information.

nem,

[tabitha62]

Re: Lowell court summons times running out need help with defence

Hi

I was thinking exactly same thing , that the debt sold from lucus to lowell
There is a covering letter with the t mobile statement yes, it basically says in short

Our client has advised that they have received a request for documentation on the account pursuant 77-79 of the consumer credit act 1974.
However as this account is a service agreement not credit agreement.
Also the fact that not governed by the provisions of the consumer credit act 1974 as such there is no statutory requirement to complete and sign an agreement in order to obtain credit of this nature.

The rest of the letter was just stating that by inserting the sim card into the phone is a binding contract.

Ive typed out the basis of the covering letter, as i dont know how to get the actual documents on here sorry.
The documents were a summery of amount i owe charges etc not a full run down of calls,texts as in all the calls or texts that were made its just amount for this and that. a final bill.


Thanks

[nemesis45]

Re: Lowell court summons times running out need help with defence

Hi

I was thinking exactly same thing , that the debt sold from lucus to lowell
There is a covering letter with the t mobile statement yes, it basically says in short

Our client has advised that they have received a request for documentation on the account pursuant 77-79 of the consumer credit act 1974.
However as this account is a service agreement not credit agreement.
Also the fact that not governed by the provisions of the consumer credit act 1974 as such there is no statutory requirement to complete and sign an agreement in order to obtain credit of this nature.

The rest of the letter was just stating that by inserting the sim card into the phone is a binding contract.


Thanks

OK Lowell has been using Lucas to manage this account on their behalf.

Have you been contacted by Lucas previously?

nem

[tabitha62]

Re: Lowell court summons times running out need help with defence

Hi
No i haven't had any contact with them just past letters from Lowell . Thing is i have until 7 the jan to send my defence , can i do this on the money claim website or do i have to send , i dont have any documents ,i need to know what to write for my defence or any other communication with lowel or lucus ?

Thanks

[nemesis45]

Re: Lowell court summons times running out need help with defence

Hi
No i haven't had any contact with them just past letters from Lowell . Thing is i have until 7 the jan to send my defence , can i do this on the money claim website or do i have to send , i dont have any documents ,i need to know what to write for my defence or any other communication with lowel or lucus ?

Thanks

Yes you can submit online.

Which credit reference agency did you check?

nem

[tabitha62]

Re: Lowell court summons times running out need help with defence

Ive just been checking on Noddle and there are 3 defaults from lowel on there but none from t mobile.
Also i notice the account date on noddle is 20/09/2010 and default date is 10/08/2011
the date of the t mobile bill lucus sent had the date july 21st 2011
is this statute barred? not sure what dates it counts from

Thanks

[tabitha62]

Re: Lowell court summons times running out need help with defence

Im not feeling very optimistic that i can win this case tbh
should i be asking lowell for more info or documents ?

Thanks

[tabitha62]

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

[Kati]

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

[MENTION=2]Celestine[/MENTION] [MENTION=55034]nemesis45[/MENTION]

previous thread here - http://legalbeagles.info/forums/show...-the-next-step xx

[tabitha62]

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