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Hello,
I'm new to the forum, although I have read through quite a lot of threads with similar cases, I'm in a position of requiring some advice now, hoping someone could please advise?
I received a claim that was issued on the 11th Oct 2016 for 230 + fees, allegedly for an 02 debt. I have followed the steps to acknowledge the claim to defend, submit defence, and it's now at a stage where Lowell did not respond to the court so it's on some kind of hold? which they can pay to continue with the claim if they decide to.
Particulars of claim:
1)the defendant entered into an agreement with 02 under account ref: xxxx "the agreement".
2) the defendant failed to maintain the required payments and a default notice was served and not complied with.
3) the agreement was later assigned to the claimant on the 23/12/2011 and notice given to the defendant.
4) despite the repeated requests for payment, the sum of xxx remains due and outstanding.
and the claimant claims:
a) the said sum of xxx
b) interest pursuant to s69 cca 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of 0.047, but limited to one year, being xxx.
c) costs.
Lowell replied to the CPR request however did not attach documents requested, they however lied and said within please find enclosed documents, i.e statements of account, they also cannot provide a copy of the agreement because it does not exist, 02 cannot supply it. They keep using the line of because the simcard was used, that is proof enough.
The latest letter I sent them on the 16th of Jan is:
Inrespect to the above referenced this claim, filed on 11/10/2016,having received and Acknowledged the claim on 20/10/2016, I wrote toyou submitting a CPR18 request and advising I would be disputing theentire claim.
Asthe deadline for me to submit a defence was due (06/11/2016) Isubmitted my defence without any documentation / evidence requestedhaving been provided. On the 14th November 2016 I received a letterstating you would be asking the court to enter a CCJ against me afterthe 24/11//2016. I am at a loss as to why you would have sent thisgiven proceedings have already commenced, and you have yet to produceoriginal documents to my request for further information. I find thistype of letter to be nothing more than a scare tactic intended tocause worry, upset and to apply pressure. These type of tactic canonly be described as reprehensible.
Thisissue is causing undue stress and I would like to put this matter torest. Therefore, I invite you discontinue the claim within 7 days orI will apply to the Court to have the case dismissed with costs, Ihave attached the n279 form.
I have received a response back today 23/02/2017, of course extremely late response:
We can confirm that the agreement was entered on 20th march 2009, and subsequently defaulted on 1st jan 2011 due to non payment. the last payment received from you was on 4th june 2010 for the sum of 30 pounds.
Whilst our client cannot provide a copy of agreement, it is our clients position that by inserting the sim card and using the equipment you have entered into a contract with our client and you have accepted the t&c of the contract. We enclose copies of the statements provided by the original creditor as further evidence.
Our client is keen to resolve this matter amicably and to avoid further legal action which would incur further costs and fees. please contact our offices to discuss repayment of outstanding balance.
if you are unclear on what to do next. we recommend you seek legal advice.
Again they have NOT attached statements of the account, I received only the letter.
I would really appreciate some advice on what to do next.
Thanks!
sATAsATA
I'm new to the forum, although I have read through quite a lot of threads with similar cases, I'm in a position of requiring some advice now, hoping someone could please advise?
I received a claim that was issued on the 11th Oct 2016 for 230 + fees, allegedly for an 02 debt. I have followed the steps to acknowledge the claim to defend, submit defence, and it's now at a stage where Lowell did not respond to the court so it's on some kind of hold? which they can pay to continue with the claim if they decide to.
Particulars of claim:
1)the defendant entered into an agreement with 02 under account ref: xxxx "the agreement".
2) the defendant failed to maintain the required payments and a default notice was served and not complied with.
3) the agreement was later assigned to the claimant on the 23/12/2011 and notice given to the defendant.
4) despite the repeated requests for payment, the sum of xxx remains due and outstanding.
and the claimant claims:
a) the said sum of xxx
b) interest pursuant to s69 cca 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of 0.047, but limited to one year, being xxx.
c) costs.
Lowell replied to the CPR request however did not attach documents requested, they however lied and said within please find enclosed documents, i.e statements of account, they also cannot provide a copy of the agreement because it does not exist, 02 cannot supply it. They keep using the line of because the simcard was used, that is proof enough.
The latest letter I sent them on the 16th of Jan is:
Inrespect to the above referenced this claim, filed on 11/10/2016,having received and Acknowledged the claim on 20/10/2016, I wrote toyou submitting a CPR18 request and advising I would be disputing theentire claim.
Asthe deadline for me to submit a defence was due (06/11/2016) Isubmitted my defence without any documentation / evidence requestedhaving been provided. On the 14th November 2016 I received a letterstating you would be asking the court to enter a CCJ against me afterthe 24/11//2016. I am at a loss as to why you would have sent thisgiven proceedings have already commenced, and you have yet to produceoriginal documents to my request for further information. I find thistype of letter to be nothing more than a scare tactic intended tocause worry, upset and to apply pressure. These type of tactic canonly be described as reprehensible.
Thisissue is causing undue stress and I would like to put this matter torest. Therefore, I invite you discontinue the claim within 7 days orI will apply to the Court to have the case dismissed with costs, Ihave attached the n279 form.
I have received a response back today 23/02/2017, of course extremely late response:
We can confirm that the agreement was entered on 20th march 2009, and subsequently defaulted on 1st jan 2011 due to non payment. the last payment received from you was on 4th june 2010 for the sum of 30 pounds.
Whilst our client cannot provide a copy of agreement, it is our clients position that by inserting the sim card and using the equipment you have entered into a contract with our client and you have accepted the t&c of the contract. We enclose copies of the statements provided by the original creditor as further evidence.
Our client is keen to resolve this matter amicably and to avoid further legal action which would incur further costs and fees. please contact our offices to discuss repayment of outstanding balance.
if you are unclear on what to do next. we recommend you seek legal advice.
Again they have NOT attached statements of the account, I received only the letter.
I would really appreciate some advice on what to do next.
Thanks!
sATAsATA
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