Lowell Claim Form

[MessedAbout0803]

Good evening all, my partner has received a letter from Lowell, a claim form for a sum of £333 and a total of £111 more than that.

Normally these would go in the junk as they've been coming since 2012/13, but this one looks very serious.

A quick back story on what has caused this, when my partner turned 18 her mother (very bad credit) used her to get a phone contract with O2 and never paid it obviously leaving a black mark on my partner. I understand that as the account holder she is legally responsible for this, but is there anything we can do? She has not had a job (even though Lowell say they've contacted her employer and confirmed that she works there??) and quite honestly I can't afford to take this much of a hit myself with covering our other bills and supporting our son.

Any advice would be greatly appreciated!

Thank you.

[charitynjw]

Re: Lowell Claim Form

Hi MessedAbout0803, welcome to LB.

The first question has to be, is this 'letter' a county court claim form?
If so, it will have a claim issue date, a claim number & will have a official stamp on it.

[MessedAbout0803]

Re: Lowell Claim Form

Hi MessedAbout0803, welcome to LB.

The first question has to be, is this 'letter' a county court claim form?
If so, it will have a claim issue date, a claim number & will have a official stamp on it.

Thanks for the reply, I believe so yes.

[Amethyst]

Re: Lowell Claim Form

When was the phone contract taken out ? was that in 2012 or is that when Lowells got hold of the debt?

[MessedAbout0803]

Re: Lowell Claim Form

But on closer inspection it looks like a photocopy?

- - - Updated - - -

2011 the contract was taken out

[Amethyst]

Re: Lowell Claim Form

Has it come from the Court directly or from Lowell ? Sadly the court claims that come direct from court do tend to look a bit crappy and photocopied, they used to send a nice crisp blue claim form out, guess they're cost saving.

So 2011 contract taken out probably just coming up to being statute barred which is why you have the claim. Realistically it's not going to be statute barred unless it was taken out in January and there was no contact at all after that.

Does a default show on your partners credit file?

Any idea how long the contract was over, and whether it was for a phone ( on a credit agreement) and airtime ? or just airtime ?

You want to have a read of the First Steps and get the claim acknowledged and send the CCA and CPR letters off.

I'd still send the CCA request even though it is a phone contract. Just gives you a bit of extra information before it comes to defending ( or making an offer ) on the debt.

Can you type out the particulars of claim from the front of the form please.

[MessedAbout0803]

Re: Lowell Claim Form

It has come directly from the courts

I can't remember what month it was taken out but we know it was in 2011. I think it was for a phone plus airtime, but only around £10-£15 a month maybe? and either a 12 month or 24 month contract, but payments stopped within the first 3-4 months I think

We have sent the CCA request as intend to defend all of the claim, but now unsure that was the right thing to do? We wanted to do something before 14 days were up

1) The Defendant entered into an agreement with 02 (UK) Ltd under account reference xxx ('the Agreement')
2) The Defendant failed to maintain the required payments and the services terminated.
3) The agreement was later assigned to the Claimant on 28/09/2012 and notice given to the defendant.
4) Despite repeated requests for payment, the sum of £333.12 remains and due outstanding.
and the claimant claims
a) The said sum of £333.12
b) Interest 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 £0.073, but limited to one year, being £26.65
c) Costs

The Claimant believes that the facts stated in this claim form are true and am duly authorised by the claimant to sign this statement
Signed Lowell Solicitors Limited
(Claimants legal representative)

[MessedAbout0803]

Re: Lowell Claim Form

Sorry no we havnt sent a CCA request we have just sent acknowledgement claim form back online. Sorry, this is getting confusing

[charitynjw]

Re: Lowell Claim Form

Send a SAR to Telefonica (O2).
They seem to have a problem locating data for some older accounts.
& if they can't access anything, from where will Lowells get any info?

[charitynjw]

Re: Lowell Claim Form

Sorry no we havnt sent a CCA request we have just sent acknowledgement claim form back online. Sorry, this is getting confusing

CCA request + £1 fee to the Claimant (Lowells)
CPR 31.14 request to the solicitors (No fee)
SAR + £10 fee to Telefonica.

Keep copies, get proof of posting.
See top of this thread for examples.

Btw, you will in all probability get a letter back from Lowells/sols saying that as this is a mobile phone account, the Consumer Credit Act does not apply.
Absolute tosh; Telefonica did, & still do, agreements which are CCA regulated.

[MessedAbout0803]

Re: Lowell Claim Form

Ok, will do that.

What do I do about my defense in the meantime? I understand I now have an extra 14 days to get it done. What should I say on it?

[charitynjw]

Re: Lowell Claim Form

What is the claim issue date? (Front of the court claim form).

[MessedAbout0803]

Re: Lowell Claim Form

June 5th 2017

[charitynjw]

Re: Lowell Claim Form

If you've acknowledged the claim, you have 33 days (28+5 for post) to submit a defence.
As that is 8th July (a Saturday) the following Monday (10th) would be ok.
& if the Claimant/sols run true to form, you will receive virtually nothing back from the CCA/CPR requests.
& if so, that fact will be probably your defence.

[MessedAbout0803]

Re: Lowell Claim Form

Okay that's brilliant, thanks very much for all your help!

So if I hear nothing from them, then I don't have to submit the defense form?

Do I definitely need to send the SAR request? As I have no idea of the mobile number of the contract or any of the details at all. All I know it that was taken out in 2011, no idea what month or how long for?