Claim form - Lowell Portfolio / Lowell solicitors.

[Arcadian]

Re: Claim form - Lowell Portfolio / Lowell solicitors.

Perhaps it was phrased poorly, in that I should have told them to take out the first point 4, as it was covered by the second point 4, which more honestly reflects the situation that they are in?

In actual fact the point is completely academic as neither your nor anyone else has been willing or able to advise them over the last couple of days, and so their defence was already enetered, correct or otherwise, as they had already written it by the time they made post #55.

Therefore continued discussion on this point is not terribly useful, for the OP at least...

[Diana M]

Re: Claim form - Lowell Portfolio / Lowell solicitors.

As I previously stated, if you know that an agreement was entered into, it seems like a mistake to deny it.

The burden of proof is on the Claimant to prove their case.

The Defendant has every right to deny they entered into a valid agreement with the original creditor. It's then up to the Claimant to prove them wrong.

Diana M

[Diana M]

Re: Claim form - Lowell Portfolio / Lowell solicitors.

Perhaps it was phrased poorly, in that I should have told them to take out the first point 4, as it was covered by the second point 4, which more honestly reflects the situation that they are in?

In actual fact the point is completely academic as neither your nor anyone else has been willing or able to advise them over the last couple of days, and so their defence was already enetered, correct or otherwise

Are you honestly saying that giving incorrect legal advice is better than no advice?

You can always tag someone if you feel a thread has been overlooked since some of us have full time day jobs so a nudge can be useful.

That's got to be better than giving incorrect advice which is read by others who may believe what they read and adopt it for their own legal situation.

Diana M

[Arcadian]

Re: Claim form - Lowell Portfolio / Lowell solicitors.

Are you honestly saying that giving incorrect legal advice is better than no advice?

You can always tag someone if you feel a thread has been overlooked since some of us have full time day jobs so a nudge can be useful.

That's got to be better than giving incorrect advice which is read by others who may believe what they read and adopt it for their own legal situation.

Diana M

Noooooooooooooo......

My advice:

You are only contesting the extra charges and the fact that you don't know where they originate from, as I understand. So why specifically deny that the defendant has entered into any agreement?

Does not tell them to admit that they entered into an agreement. They already covered the lack of information in their SECOND point 4! There was no merit in including the first point 4.

Have you you even read their prospective defence that they posted above?

And please don't patronise me, I'd already worked a 40 plus hour week by 6pm yesterday, hence why I've had a day off today.

[captain sam]

Re: Claim form - Lowell Portfolio / Lowell solicitors.

@Diana M have I done something wrong or does everything appear OK?

[Diana M]

Re: Claim form - Lowell Portfolio / Lowell solicitors.

@Diana M have I done something wrong or does everything appear OK?

Hello captain sam

I can't answer that question without knowing what you eventually filed as your Defence.

Most things are fixable so no need to worry right now.

In post # 57 Arcadian advised your Defence was fine with the exception of one issue.

Apologies, I've been out this afternoon.

Eveything looks fine apart from the fundamental point 4. As I previously stated, if you know that an agreement was entered into, it seems like a mistake to deny it.

You are only contesting the extra charges and the fact that you don't know where they originate from, as I understand. So why specifically deny that the defendant has entered into any agreement?

I can see that before you filed your Defence you were given the following advice but it's not possible for me to comment on whether that was the correct advice without having the full facts.

Any help please? Defense is due tomorrow....

Thanks in advance

Having said early on in your defence that the CCA 1974 does not apply, you can't then go on to refer to it in later points.

I removed what was point 7. How is it looking now? Any help appreciated.

Not sure about that. As I understand it you are not contesting that an agreement was entered into, but that there were subsequent, unevidenced attempts to make charges for services that remain unclear?

Di

[captain sam]

Re: Claim form - Lowell Portfolio / Lowell solicitors.

Hi @Diana M In short, what happened was - My mother had a contract with T-Mobile. We believe they overcharged my mother on two occasions. The first time for a 1xx bill which we paid but the second time we refused it as they wouldn't give us an itemised bill. They have a massive overcharging scandal and have actually recently been fined by ofcom, relevantly irrelevant!

Anyhow, we refused to pay the bill until such time that T-Mobile provided this bill. After maybe two years and various companies trying to collect the "debt" they sold it to Lowell. I've given them a without prejudice offer of £98 awaiting reply. However, in the meantime needed to submit a defense in case they rejected the offer.

I acknowledge that we should pay something, particularly that the contract was ended early. However, I do not think we should be paying what they demanded for the bill which was approximately £200 odd pounds. My mother calls no one to run up the bill so high. She would only call myself or siblings and it would never run into even 200minutes...

[Diana M]

Re: Claim form - Lowell Portfolio / Lowell solicitors.

I was simply echoing Jo's post at the beginning of your thread which suggested you dispute all of the claim (at the AOS stage) to leave your options open and then if it feels right you could make a WP offer to settle.

You've done that (made an offer) but you didn't get a response from Lowells prior to your Defence deadline. Did you put a deadline in your offer letter?

I can't comment on the contents of any Defence which doesn't originate from my firm (I have to consider their insurance). I was making the point that since you'd sent a CPR 31.14 Request Request asking for the agreement (didn't you?) then putting the Claimant in a position where they have to prove there was one is no bad thing. That way you're neither admitting nor denying there was one.

You've filed a Defence so the next thing that will happen is a letter from the court letting you know that they have sent it (your Defence) to the Claimant who has 28 days to inform them (the court) if they intend to carry on with these proceedings.

If they do that then you'll be sent a Directions Questionnaire where you can tick the YES box for free telephone Mediation which may be an opportunity to settle if Lowells haven't accepted your offer by then. A Mediation settlement is not a CCJ unless you breach the terms of the settlement.

As the claim form is dated 13 February 2017 the acknowledgment of service is due to be filed before 4pm on 4 March 2017 and the defence befoe 4pm on 18 March 2017.

I would suggest filing g the acknowledgment of service within the next few days to get it out of the way. If you indicate that you are disputing the full amount then that leaves your options open.

On the other hand if you admit the amount you think you owe then the claimant may well accept that and ask for Judgment (CCJ) to be entered for that amount. However be aware that if you pay a CCJ more than a month after the judgment date, it stays on your credit history for six years


Send a CPR 31.14 request to Llowells solicitors requesting a copy of any documents mentioned in the particulars of claim ie. agreement, assignment, termination notice - LB has a template you can use.

I would think that they will probably accept a settlement offer because it costs them to proceed with the claim In which case a Tomlin order may be able to be agreed whereby the agreed sum is paid in monthly installments with no county court Judgment being entered against your Mum.

Di

[Diana M]

Re: Claim form - Lowell Portfolio / Lowell solicitors.

I figured it'd be relevant to mention - my mother acknowledges she owes some money ie the 15£ monthly line rental. However, not the amount being claimed.

Have you quantified the amount you believe your Mum owed for line rental? Is that the basis of your £98 offer to Lowells?

Di

[Diana M]

Re: Claim form - Lowell Portfolio / Lowell solicitors.

File regardless.
Treat the WP as a separate issue which runs concurrently with the claim up to judgment. (If it goes that far).

I've now had a chance to read through your whole thread and this post by Charity sets the scene.

This is a Good Cop Bad Cop situation.

You make a WP offer (Good Cop) and you also file a robust ("Hell will freeze over before I pay you a brass farthing until you prove I owe it") Defence (Bad Cop).

Di

[captain sam]

Re: Claim form - Lowell Portfolio / Lowell solicitors.

Have you quantified the amount you believe your Mum owed for line rental? Is that the basis of your £98 offer to Lowells?

Di

Hello


Sorry for the delay in replying. The 98£ would probably reflect approximately how much would have been left outstanding on the contract line rental.

I've now had a chance to read through your whole thread and this post by Charity sets the scene.


This is a Good Cop Bad Cop situation.


You make a WP offer (Good Cop) and you also file a robust ("Hell will freeze over before I pay you a brass farthing until you prove I owe it") Defence (Bad Cop).


Di

That's what I've done. I haven't heard anything from Lowell's though. They've gone quiet. I have checked the tracking numbers on the royal mail and they were both delivered to solicitor and client.


I have submitted the defence above and since recieved a letter from Court instructing mediation. Is this normal?

[Diana M]

Re: Claim form - Lowell Portfolio / Lowell solicitors.

I have submitted the defence above and since recieved a letter from Court instructing mediation. Is this normal?

Yes it is.

Di

[captain sam]

Re: Claim form - Lowell Portfolio / Lowell solicitors.

Yes it is.

Di

Thank you for replying.


Do I need to do anything or wait for them (Lowells) to contact me?

[Diana M]

Re: Claim form - Lowell Portfolio / Lowell solicitors.

Do I need to do anything or wait for them (Lowells) to contact me?

Have you received a Directions Questionnaire from the court with a deadline to file your response?

From what you say that may be the case.

Di

[captain sam]

Re: Claim form - Lowell Portfolio / Lowell solicitors.

Have you received a Directions Questionnaire from the court with a deadline to file your response?

From what you say that may be the case.

Di

Hello


I have not. The letter simply states that 28 days for mediation after which the claimaint can escalate? I'll re-read the letter to be sure.