Lowell Portfolio 1 Ltd vs. Robb301

[robb301]

Hello and thank you for all of the useful advice I've read on this forum so far.

I have recently received a County Court Claim Form relating to an old debt from a mobile phone contract which was closed in 2013 (long story short) due to a dispute with my contract provider (I think the contract was original taken out a couple of years prior to this).

From what I gather the debt has been sold on to Lowell Portfolio 1 Ltd.

I've included the details of the claim form below:


Issue date: 15/03/2017
Amount (appox): £360 (including court fee/legal costs)
Claimant: Lowell Portfolio 1 Ltd
Solicitor: BW Legal
Original creditor: Telifonica UK Ltd

Particulars of claim:

The Claimant's Claim is for the sum of £266.47 being monies due from the Defendant to the Claimant under a Mobile Telecoms agreement regulated by the Consumer Credit Act 1974 between the Defendant and Telefonica UK Limited under account reference ********** and assigned to the Claimant on 28/11/2013 notice of which has been given to the Defendant.

The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.

The claim also includes statutory interest pursuant to section 69 of the County Courts Act 1984 at rate of 8.00% per annum (a daily rate of £0.06 from the date of assignment of the agreement to 28/11/2014 being an amount of £21.96.


So far I have acknowledged the claim via MCOL and prepared a CPR request, as per the advice in this thread: http://legalbeagles.info/forums/show...it-Court-Claim

I have a few questions at this point, if anyone would be so kind...

1. In addition to acknowledgement via the MCOL website, am I required to respond in writing as well?

2. In another thread I have read that a CCA request can be sent if a regulated agreement is mentioned in the particulars of claim and conversely I also read that phone contracts are not regulated by the Consumer Credit Act 1974. Based on the particulars of claim I've included above I am now confused as to whether I should send a CCA or CPR request (or both)?

3. Lastly, just to confirm I would send either request to the solictors (BW Legal) and not Lowell?

Sorry if these are stupid questions, would greatly appreciate any input.

Thanks

R

[studly]

Re: Lowell Portfolio 1 Ltd vs. Robb301

I have a few questions at this point, if anyone would be so kind...

1. In addition to acknowledgement via the MCOL website, am I required to respond in writing as well?

No

2. In another thread I have read that a CCA request can be sent if a regulated agreement is mentioned in the particulars of claim and conversely I also read that phone contracts are not regulated by the Consumer Credit Act 1974. Based on the particulars of claim I've included above I am now confused as to whether I should send a CCA or CPR request (or both)

Submit a CPR 31.14 request for all documents 'mentioned' in the Particulars of Claim (Agreement, Default Notice and Assignment Notice. Consider submitting a SAR (Subject Access Request) to Telefonica UK for all data held too. With regards to it being regulated by CCA 1974 then @amethyst @ charitynjw @nemesis may be able to assist?

3. Lastly, just to confirm I would send either request to the solictors (BW Legal) and not Lowell?

CPR Request to BW Legal (No Fee), CCA request to Lowell (if applicable, £1 Postal Order marked 'Statutory Fee Only')Sorry if these are stupid questions, would greatly appreciate any input.

Thanks

R

Regards,

studly

[nemesis45]

Re: Lowell Portfolio 1 Ltd vs. Robb301

Regards,

studly

There is no CCA regulated agreement for a mobile telephone Service Contract. BUT as BW legal claims there is on send the CCA request to Lowell by signed for post, use a postal order for the £1.00 statutory fee and mark it " For Statutory Fee Only " send a copy of the request to BW Legal (N0 FEE) together with a CPR 31.14 request for the documents mentioned in the particulars of claim.

These are:

The agreement.
The Notice of Assignment .
The Default Notice.

If you have acknowledged service of the claim you have 33 days to submit your defence, ( no need to send anything to the court at this point.

For Clarity.

CCA Request To Lowell with £1.00 Fee.

Copy of CCA Request to BWL no fee.

CPR31.4 To BWL no fee.

Use signed for post.

nem

[warwick65]

Re: Lowell Portfolio 1 Ltd vs. Robb301

Some mobile phone contracts are split to have a service agreement and a loan type agreement for the handset. I know O2 do that these days , not sure about way back when

Remember you have acknowledge the claim and your defence ( if there is one -and I would for now at any rate) Is due 33 days after the claim date.

If lowell say it is on hold, don't believe them.

[nemesis45]

Re: Lowell Portfolio 1 Ltd vs. Robb301

Some mobile phone contracts are split to have a service agreement and a loan type agreement for the handset. I know O2 do that these days , not sure about way back when

Remember you have acknowledge the claim and your defence ( if there is one -and I would for now at any rate) Is due 33 days after the claim date.

If lowell say it is on hold, don't believe them.

Lowell, Lowell Solicitors, BWL.

Lowell it seems instructs it's legal representative when dealing with service contract to state in the POC that the alleged debt arises from a regulated agreement, in virtually every claim of this type I have seen in the last year or so once a CCA request has been made Lowell backs down on the regulated agreement statement.

nem

[robb301]

Re: Lowell Portfolio 1 Ltd vs. Robb301

Thank you for the replies

I have now sent the CCA and CPR request as above

Will come back and update the thread as/when things progress

[robb301]

Re: Lowell Portfolio 1 Ltd vs. Robb301

I have received a response to the CPR request from BW Legal:


Dear Sir

Our Client: Lowell Portfolio 1 Ltd
Balance Due:
Original Creditior:
Original Account Number:

We wrtie in reference to the above matter and further to your correspondence received on 30 March 2017.

We note the comments made, however our client has now issued a Claim Form against you to recover the Balance Due. Therefore, you should make a formal reply to the Claim Form.

The Claimant is satisfied that the Particulars of Claim are sufficient enough to allow you to file your Defence with the Court.

We trust this clarifies Our Client's position.

Yours faithfully

BW Legal


Not quite sure what to make of this or why there are referencing the claim form when the CPR request was in response to the claim form.

Also on the other side of the letter is a full page of info on how to make payment etc to BW Legal.

[warwick65]

Re: Lowell Portfolio 1 Ltd vs. Robb301

Any reply to your cca request?

[robb301]

Re: Lowell Portfolio 1 Ltd vs. Robb301

No response to the CCA request

In addtion to the response from BW Legal posted above, I received another (rather bizarre) letter yesterday:




?!?!?!

Does anyone have any advice on how to proceed in response to this and the previous letter (the previous letter is the same format as the above image, just with the text in my last post)?

They certatinly haven't complied with the CPR request and have sent two letters that make no sense. I assume this can be used as part of my defence?

[robb301]

Re: Lowell Portfolio 1 Ltd vs. Robb301

Response to CCA request now received

[robb301]

Re: Lowell Portfolio 1 Ltd vs. Robb301

Should I include reference to CCA in my defence? As whilst it doesn't apply to phone contracts, they are referencing it in the claims form.

10. On the [Date] I sent a formal request for a copy of the original agreement to [Claimant] pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

And if relevant how should I ammend point 11 of the above example?

[nemesis45]

Re: Lowell Portfolio 1 Ltd vs. Robb301

Should I include reference to CCA in my defence? As whilst it doesn't apply to phone contracts, they are referencing it in the claims form.




And if relevant how should I ammend point 11 of the above example?

11. The particulars of this claim states that the debt arises from An Agreement Regulated Under The Provision Of CCA 1974, however the claimant now avers that the " agreement" is not so regulated and has declined to provide any evidence that any contract exists.
Just a suggestion.

nem

[robb301]

Re: Lowell Portfolio 1 Ltd vs. Robb301

Update:

Had received acknowledgement of receipt of my defence from the court which confirmed claimant had 28 days if they wished to proceed.

Heard nothing for just over a month and have now received a Notice of Discontinuance from BW Legal and further letter from Lowell stating that my "account" is now closed.

Thanks for the letter templates and guidance given on this forum - very helpful indeed!

[MIKE770]

Re: Lowell Portfolio 1 Ltd vs. Robb301

nice one Robb