Lowell Claim Form

[charitynjw]

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?
From where did you get that idea?

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?

You don't have to send the SAR, but it could provide a wealth of information.
Or possibly no information of any import, which could prove equally valuable.

[MessedAbout0803]

Re: Lowell Claim Form

Okay thank you, it's just I don't have any information that it asks for so I don't think I am able to unfortunately.

Also, I just read this on here too, is this correct?

"A CCA only applies to accounts regulated by the CCA, so excludes overdrafts, mobile contracts, utility bills, etc. and there is no duty to respond if the account is closed with no outstanding balance or if judgment has been obtained."

[charitynjw]

Re: Lowell Claim Form

An example of a Telefonica CCA-regulated agreement.
http://static.o2.co.uk/www/docs/term...02-11-2016.pdf

[MessedAbout0803]

Re: Lowell Claim Form

Thank you, that's great!

And from

"So if I hear nothing from them, then I don't have to submit the defense form?
From where did you get that idea?"


I mean when you said
"& 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."

If I hear nothing back from them, what do I do next? About the defense claim form?

[MessedAbout0803]

Re: Lowell Claim Form

Sorry I am constantly asking questions, I just want to make sure I am doing the correct thing.

So my next step would to send a CCA to Lowell and a CPR to the courts and wait for them to respond before I do anything else?

[MessedAbout0803]

Re: Lowell Claim Form

There are two Addresses for Lowell, one for the "claimant" and then another address that says "Address for sending documents and payments (if different)

Which address should I send the CCA to please?

Thanks again

[jon34]

Re: Lowell Claim Form

There is no good reason as to why 02 Telefonica could not respond to a SAR.

In your Post #7 you give the particulars of the claim with the agreement/ account number........1) The Defendant entered into an agreement with 02 (UK) Ltd under account reference xxxxxxxxxx ('the Agreement')

If that is the agreement number then that is all you require along with your/partners addresses for the past six years.

[MessedAbout0803]

Re: Lowell Claim Form

Thank you, I will do that! I thought I needed the mobile number of the contract etc.

[jon34]

Re: Lowell Claim Form

Thank you, I will do that! I thought I needed the mobile number of the contract etc.

Dont think so.. as if you changed mobile number for any reason you would still have the same agrrement number. which brings me to say could you redact the agreement number in post#7 of yours as it is showing. just to protect your I.D

[charitynjw]

Re: Lowell Claim Form

Sorry I am constantly asking questions, I just want to make sure I am doing the correct thing.

So my next step would to send a CCA to Lowell and a CPR to the courts and wait for them to respond before I do anything else?
& where did that come from?

####

[MessedAbout0803]

Re: Lowell Claim Form

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.

From this? I meant to say solicitors, not the courts, sorry!

[MessedAbout0803]

Re: Lowell Claim Form

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.

From this? Sorry I meant to say solicitors not courts.

So I send CCA to lowell, CPR to thier solicitors and send off the SAR, then await for a response. What do I do if I do not get a response from them and what do I write on my defense claim before my time is up?

Sorry I'm getting all confused now

[charitynjw]

Re: Lowell Claim Form

There are so many 'what if's' that, unless you are conversant with both court procedure & the shenanigans that these Claimants get up to, if you're confused now you will be totally lost trying to consider all possibilities.
Take one step at a time, send the letters, see what happens (or doesn't) & file your defence on time based on whatever occurs between now & the defence deadline.

[MessedAbout0803]

Re: Lowell Claim Form

Okay thank you, I just needed a clear plan of action.

I will send off both letters and wait to see what happens and will be probably be in touch for the next step.

Many thanks for all your help! It's really, really helped!

[charitynjw]

Re: Lowell Claim Form

3 letters