Hopgood Vs Lowell Portfolio

[GemHop81]

I was contacted by Lowell via a court letter from the Northampton court for a debt that is only on my credit file for another few months (June 2017) It is for a debt that I contested with BT many, many years ago. The letter arrived on the 21st April 2017

I tried out an offer on their internet and phone package but they could never get my internet to work properly sending out engineer after engineer. Eventually I cancelled the trial and went back to sky. Then then a few years later decided that I owed them just over £300 for the length of the full subscription. I argued with them and eventually it went to a debt collection agency. When they contacted I explained why I was contesting and they went away. A few months (I think it was) later I was contacted by a brand new debt collection agency, it seems they had purchased the debt so I had to explain again, again they stopped after that, a year later the same thing happened with another company and it has happened a few more times since. Now it it Lowell's turn and they have gone straight for the jugular, I have to admit they did send a letter a month or two back but I just ignored it I am sick of being harassed by this debt that inst even mine, I've been waiting it out on my file but it is due to come off at the end of next month and now they do this?!

I went online and accepted the service (giving me 28 days) on the 25/04/17 and then sent a CR31.14 to Lowell (this was on the 27th April 2017) next day recorded delivery. Nothing has happened and I am running out of time......... What is my next step? Any help is much appreciated Thankyou

[warwick65]

Re: Hopgood Vs Lowell Portfolio

Hi
What did you ask for in your CPR request, more importantly what was the wording of the claim?

Do you have any records of your fight with BT?

Sorry I don't know much about non regulated claims
[MENTION=6]Amethyst[/MENTION] any ideas?

[GemHop81]

Re: Hopgood Vs Lowell Portfolio

The Particulars Of Claim, read as thus;

1) The Defendant entered into an agreement with BT PLC under account reference xxxxxxxxx ("the Agreement").
2) The Defendant failed to maintain the required payments and the service was terminated.
3) The Agreement was later assigned to the Claimant on 24/03/2016 and notice given to the Defendant.
4) Despite repeated requests for payment, the sum of £377.26 remains due and outstanding.
And the Claimant Claims
a) The said sum of £377.26
b) Interest in pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.083, but limited to one year, being £30.18
c) Costs
___________________________

They are claiming £492.44, £407.44 claimed, £35 court fee and £50 Legal representative's costs.

When I sent the CPR 31.14:

On 21/04/2017 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 25th April 2017.

1. Agreement / Contract
2. Notice
3. Assignment
4. Formal Demand

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I, as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.
I look forward to hearing from you.

I don't have any proof of my arguments as it's been too long, I only keep files for 2 years (I should keep them longer this has taught me that in hindsight)

Gemma

[Amethyst]

Re: Hopgood Vs Lowell Portfolio

Okay you will need to send a Subject Access Request over to BT to get details of your original complaint and resolution to it, unless you have any documents / emails etc from that time? Maybe give them a call and ask them. You mentioned cancelled the trial - so was it a trial period that led on to a full contract ? For now you will need to prepare your defence on the grounds that the debt hasn't been proven and you have had no documents and it appears to have arisen in error following cancellation of a free trial with BT etc and therefore there was no contract/agreement with them. Lowell, of course, will have no details about the debt or what its for really - just your name and numbers on a bulk debt purchase sheet from BT.

[GemHop81]

Re: Hopgood Vs Lowell Portfolio

No reply still from Lowell Portfolio nor BT, I am keenly aware that my time is running out. What is the next step I should take as I am now beginning to get really worried, although I am aware this is probably one of their tactics. Any help appreciated, thankyou

[charitynjw]

Re: Hopgood Vs Lowell Portfolio

BT do have up to 40 days to comply with the SAR.
If you have not received it in time before you need to file a defence (33 from the claim issue date), as Amethyst has pointed out you can defend on the facts that the alleged debt has not been proven by the Claimant, & that they have failed to comply with your request for documentation.
There is a defence example at the top of this thread which will give you an idea of the layout, but references to the Consumer Credit Act only apply if the agreement is regulated by the CCA.
Which you will only be certain of when you can check the agreement.

[GemHop81]

Re: Hopgood Vs Lowell Portfolio

I just received this off Lowell this morning... they say they are putting the account on hold as they cannot provide me a copy of the agreement but I should respond to the claim form that was issued to me (court) as I seem appropriate within the time scale stated?

I'm confused how I be sent to court for a debt that is on hold?

(I'm trying to attach the file but can't for some reason can someone help?

Ok word for word it states:

We write in response to tour letter dated 27th April 2017.

We are unable to provide you with a copy of the agreement, however, we have requested a copy of the statements to prove the claim. Please find enclosed a copy of the notice of assignment which was issued to you.

Your account has been placed on hold until a response has been received from the original creditor.

We note that you have filed your acknowledgement of service, you should now respond to the claim form which was issued against you as you seen appropriate, within the timescale states within your response pack.

If you wish to speak with a member of our team, please telephone us between 8am and 8pm Monday to Friday or between 8pn and 2pm Saturday

[Kati]

Re: Hopgood Vs Lowell Portfolio

I'm trying to attach the file but can't for some reason can someone help?

email it to me (see my signature) xx

[Kati]

Re: Hopgood Vs Lowell Portfolio

got it xx

[MIKE770]

Re: Hopgood Vs Lowell Portfolio

Note:- they are not able to put account on hold if court proceedings are in place by them, court time table rules

[GemHop81]

Re: Hopgood Vs Lowell Portfolio

I thought that, so what is going on?

Gemma

[MIKE770]

Re: Hopgood Vs Lowell Portfolio

dirty tricks they try nothing new to unsettle you and give you false sense

[GemHop81]

Re: Hopgood Vs Lowell Portfolio

Received a letter from BY this morning dated 10th May 2017 stating that I need to pay them £10 for them to process my request - is this high amount normal? Also I have been informed from elsewhere that it is Lowell's responsibility to prove that I owe the debt which so far they have not, that they should be paying to "search" the information because there is not a 100% chance that they will, after taking my money for the DSAR (BT) even give me a copy of the agreement it may suddenly be unavailable plus they also have the chance as they know I do not have a copy of it give me an agreement to anything and I would have to argue that it was not my agreement.

Gemma

- - - Updated - - -

What's my next step with the court is there a letter I can send to stop this from going ahead? Or do you have a template for a defence as I need to enter something within the next week/ 10 days in fact I'm going to check my dates again...

[MIKE770]

Re: Hopgood Vs Lowell Portfolio

SAR they refer to no doubt £10 fee regulatory fee at that

[GemHop81]

Re: Hopgood Vs Lowell Portfolio

What's my next step with the court is there a letter I can send to stop this from going ahead? Or do you have a template for a defence as I need to enter something within the next week/ 10 days in fact I'm going to check my dates again...

Holy crud I have to enter a defence by the 15th May 2017 that's this FRIDAY!!! So even if I sent off a cheque which I would get from God knows only where as no one uses cheque books anymore then it wouldn't come back in time!