Lowell/three court claim

[mags43]

Hi all
I recently recieived a court claim from Lowell Solicitors on behalf of Three mobile. This was issued 14th February. It is with regard to an historic contract that I believed was settled a long time ago. I acknowledged the claim straight away and asked for the original agreement. I understood that I had 28 days from the acknowledgement. I have now recieved corespondance from Lowells dated 24th February citing that telecommunications are not covered by the CCA 1974 but they can confirm that the original agreement was taken out on 17th Dec 2011 and last payment was June 2012.
They have Attached a notice of assignment dated 8th March 2015. I have not seeen this before. They have also stated that the deed of assignment will not be sent to me as it is a confidential agreement between them and the original creditor to which I am not entitled to see. They have stated that no other agreement/deed of Novation exists beteween me and their client. They say that I need to claim before 14th March otherwise they will apply for a CCj. Please can someone advise?

Many thanks

[Amethyst]

Re: Lowell/three court claim

Hi mags

Apologies for missing your post, I have moved it to the court claim forum so you should get some help with this now.

You will be needing to put in your defence - there is an example http://legalbeagles.info/forums/show...t-Court-Claims

The CCA may not apply as this is a mobile contract however they still have to evidence their claim. Do you have any paperwork around from Three from when you thought the debt was finished with ? It may well be worth ( once you have put in a defence) sending a Subject Access Request to Three to get hold of your information, balances etc - or you might find out the basics if you give Three a ring ?

Did you originally follow the ''three letter process'' from GOODF ? Just wondering as we don't ask for the Deed of Novation etc so would just like to check what letters you have actually sent since receiving the claim - should be the CPR 31.14 request for documents mentioned in the statement of case?

[mags43]

Re: Lowell/three court claim

Hi mags

Apologies for missing your post, I have moved it to the court claim forum so you should get some help with this now.

You will be needing to put in your defence - there is an example http://legalbeagles.info/forums/show...t-Court-Claims

The CCA may not apply as this is a mobile contract however they still have to evidence their claim. Do you have any paperwork around from Three from when you thought the debt was finished with ? It may well be worth ( once you have put in a defence) sending a Subject Access Request to Three to get hold of your information, balances etc - or you might find out the basics if you give Three a ring ?

Did you originally follow the ''three letter process'' from GOODF ? Just wondering as we don't ask for the Deed of Novation etc so would just like to check what letters you have actually sent since receiving the claim - should be the CPR 31.14 request for documents mentioned in the statement of case?

Hi
I only asked for the oringinal CCA as do not know about the Three letter process. Shall I jus go ahead and sumbit the defence now?
Many thanks

[nemesis45]

Re: Lowell/three court claim

Hi
I only asked for the oringinal CCA as do not know about the Three letter process. Shall I jus go ahead and sumbit the defence now?
Many thanks

Given that you have now a very limited time to file a defence see the link @Amethyst gave you in post #2. get a defence draft done and post here so someone can go through it with you.

When was the last payment on this account and what is the default date on your credit reference files ( you can check Clear Score and Noddle free online.

nem

[mags43]

Re: Lowell/three court claim

Given that you have now a very limited time to file a defence see the link @Amethyst gave you in post #2. get a defence draft done and post here so someone can go through it with you.

When was the last payment on this account and what is the default date on your credit reference files ( you can check Clear Score and Noddle free online.

nem

Hi
I am not sure but have now been given an order to fill out an actions questionalirre for a small claims track. I had this a few days ago but thought it was just for my infoe as the questions on it did not make clear. I thought it was for a solicitor to fill out. I left it and now bben given a court oder to fill it out straight away? I have to get it in asap. what does this mean?

[charitynjw]

Re: Lowell/three court claim

Hi mags43

When you acknowledged the claim, did you enter any dialogue in the 'defence' box?
If so, the court may have taken this as your filed defence.

[Amethyst]

Re: Lowell/three court claim

Hi
I am not sure but have now been given an order to fill out an actions questionalirre for a small claims track. I had this a few days ago but thought it was just for my infoe as the questions on it did not make clear. I thought it was for a solicitor to fill out. I left it and now bben given a court oder to fill it out straight away? I have to get it in asap. what does this mean?

Okay did you log back in to MCOL after doing your acknowledgment and submit your defence? Maybe have a check what emails you have from MCOL confirming submissions. You will need to complete the directions questionnaire but need to know what you put as your defence to know whether you need ask for specific directions to fix any issue.