Lowell Claim Form

[MessedAbout0803]

Re: Lowell Claim Form

I have just received a letter from Lowell Solicitors confirming the letter I sent them.

They have said

"We confirm receipt of your letter requesting information for the above account.

As this account is a telecommunications account it is not regulated by the Consumer Credit Act 1974. Therefore, the original creditor is not required to provide you with a copy of the agreement. We have requested copies of the statements from O2 (UK) Ltd and these will be sent to you one received"

And then just saying when the CCC was issued and what to do if I wish to pay in full etc.

Should I do anything else now or just wait and see if they do provide statements from O2?

Thanks

[MessedAbout0803]

Re: Lowell Claim Form

Anyone?

[charitynjw]

Re: Lowell Claim Form

Have you sent that SAR to Telefonica yet?

[MessedAbout0803]

Re: Lowell Claim Form

Not yet no as low on money right now, but can do this week

[charitynjw]

Re: Lowell Claim Form

Just out of interest, did Lowells/Solicitors say in that recent letter anything about when your defence needed to be filed?

[MessedAbout0803]

Re: Lowell Claim Form

No they havn't, all they have said is

"A County Court Claim has been issued on 5 June 2017 and we note that you have acknowledged service of the claim form. Please respond as you deem appropriate within the time specified in the response pack"

and then

"Failure to respond within the timeframe specified in the response pack may result in us applying for a County Court Judgement (ccj) in Default to be entered against you with terms set out bu the court. This would mean further costs and could make it difficult for you to obtain credit, mortgages or even some employment whilst it remains unsatisfied on your credit file for a maximum of six years"

[MessedAbout0803]

Re: Lowell Claim Form

Could someone help again please, I am due to submit my defense now and have no idea what to write? Any help appreciated

[MIKE770]

Re: Lowell Claim Form

Defence Example

[MessedAbout0803]

Re: Lowell Claim Form

Thank you!

[MessedAbout0803]

Re: Lowell Claim Form

I'm getting confused with the last few sections of the defense,

"[12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.] or [The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.]"

I have not asked for extended period of time but they said they will produce the evidence once recieved, so do I just leave this section out of my defense?

[MessedAbout0803]

Re: Lowell Claim Form

*bump* Please, any advice is appreciated

[Amethyst]

Re: Lowell Claim Form

I'd put,

12: I have asked the Claimant if we may formally agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have failed to respond to this request.

[Amethyst]

Re: Lowell Claim Form

If you want to post up the rest of the defence when you're done we can give it a once over xxx

[MessedAbout0803]

Re: Lowell Claim Form

Thank you, here is my defense now

"1: I received the claim ******** from the Northanpton County Court on 09-06-2017


2: Each and every allegation in the Claimants statement of case is
denied unless specifically admitted in this Defence.


3: This claim appears to be for an O2(UK)Ltd agreement regulated
under the Consumer Credit Act 1974.


4: It is denied that the Defendant has entered into an agreement
with O2(UK)Ltd for provision of credit.


4: The Claimants statement of case fails to give adequate
information to enable me to properly assess my position with
regards the claim.


5. The particulars of claim fail to state when the agreement was
entered into


6. The Claimants statement of case states that the account was
assigned from O2(UK)Ltd to Lowell Portfolio on 28-09-2012. The
Defendant does not recall receiving notice of this assignment.


7. It is denied that O2(UK)Ltd served any Default notice on the
Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant
is required to prove that a compliant Default Notice was served
upon the Defendant.


8: On the 19-06-2017 I sent a request for inspection of documents
mentioned in the claimants statement of case under Civil Procedure
Rule 31.14 to Lowells Solicitors. I requested the Claimant provide
copies of the Agreement.


9. Lowell Solicitors have not sent any of these documents to me.


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-s78 Consumer Credit
Act 1974 and by virtue of s77 (4) / s 78 (6) Consumer Credit Act
1974 cannot enforce the agreement.


12: I have asked the Claimant if we may formally agree to extend
the time period allowed for filing of my defence pending receipt
of documents (as allowed under CPR 15.5), but they have failed to
respond to this request.


13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a
money claim, a defendant shall be taken to require that any
allegation relating to the amount of money claimed be proved
unless he expressly admits the allegation. Therefore It is
expected that the Claimant be required to prove the allegation
that the money is owed as claimed.


14. I request the court orders the Claimants to provide the
necessary documentation in order for me to fully plead my case
else the Claim should stand struck out.


15. In the event that the relevant documents are received from the
Claimants I will then be in a position to amend my defence, and
would ask that the Claimants bear the costs of the amendment.


16. It is denied that the Claimant is entitled to the relief as
claimed or at all.


Statement of Truth


The Defendant believes that the facts stated in this Defence are
true. "

[MessedAbout0803]

Re: Lowell Claim Form

*bump*