CCJ claim form received from lowell for mobile phone debt

[neon989]

Hi all,

First post for me.
So I have done a lot of researching about this in a short space of time and I'm really confused and hopefully looking for some help

I have received a CCJ claim form

1 from Lowell portfolio I ltd an old mobile phone debt

Issue Date: 4th july 2017
Amount approx: £1359.31amount claimed
Claimaint: Lowell portfolio I ltd
Solicitor: Lowell solicitors ltd
Original Creditor: orange
Particulars of Claim:
1 - the defendant entered into an agreement with orange under account number XXXX ('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 27.08.2014 and notice was given to the defendant.
4 - despite repeated requests for payment to the sum of £1,119.73 remains due and outstanding
and the claimant claims
a-the sum said of £1,119.73
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 £0.245, but limited to one year being £89.58
c - costs

Is the debt Statute Barred? no
List any letters you have sent: none
Any Other Info: I tried to set up a payment arrangement on this a month ago however it was not acceptable, now I have received a CCJ claim form for this.
I am not even sure the amount was correct as on my noddle credit report the defaulted amount showed as £299 however the balance is apparently 1193.
I have read through the forums and am going to fight this, however looking for some advice on what to do.

I understand the first part is to log in and advise that I will be contesting this, after that I need to send a letter to Lowell solicitors ltd not Lowell portfolio the claimaint. I am struggling to find what I need to send to Lowell solicitors as I understand it a cpr18 is not the right document to send as this does not apply to mobile phone contracts, does anyone have a link or a draft that I can send to them.

Once this is sent I then need to submit a defence if I am reading things correctly, when would I do this? How long do Lowell have to reply to the letter I send them.
Sorry for all the questions I am a newb and this is the first post.

Thank you in advance

[MIKE770]

Re: CCJ claim form received from lowell for mobile phone debt

First Steps
CPR 31.14 Request

[neon989]

Re: CCJ claim form received from lowell for mobile phone debt

Hi Mike,

Thanks for your reply, would it be okay if I draft up the reuest as you have so kindly pointed out and post it so you could double check it for me please?

[MIKE770]

Re: CCJ claim form received from lowell for mobile phone debt

- ask for the documents etc mentioned in the court form i.e. default notice if mentioned. agreement if the mentioned one or arrangement / etc then send it off Recorded Delivery keep copy and deliver receipt attached

[neon989]

Re: CCJ claim form received from lowell for mobile phone debt

whilst drafting the letter I was unsure of what to put in this bit:

NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM - eg. IF THEY DON'T MENTION ' DEFAULT NOTICE' YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT - ask for the CONTRACT...IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!)
for EXAMPLE
1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand

any advice would be amazing here? thanks in advance ALex

[neon989]

Re: CCJ claim form received from lowell for mobile phone debt

ok so I think I managed it, if this seems right I will post tomorrow, recorded deliverey and enclosing a £1 postal order is that correct? Many thanks

Alex XXXXX
31 XXXXXXX
LXXXXX
LXX XXX

7^th June 2017

Lowell Portfolio I Ltd
Ellington House
9 Savannah Way
Leeds
West Yorkshire
LS10 1AB

Dear Sirs,

Claim Number: DXXXXX

Request for documents mentioned in a statement of case under CPR 31.14

On 06/07/2017 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 14/07/2017.

1. Agreement under the account reference number XXXXXX
2. Assignment
3. Default notice

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.

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 07/07/2017.

I look forward to hearing from you.

Yours sincerely




AXXXX XXXXX

[charitynjw]

Re: CCJ claim form received from lowell for mobile phone debt

and enclosing a £1 postal order is that correct?

No.
No fee required with a CPR request.
Send it to the solicitors.
I would also include a request for a detailed breakdown of how the sum claimed has been calculated.
Have you sent a CCA request?

[neon989]

Re: CCJ claim form received from lowell for mobile phone debt

No.
No fee required with a CPR request.
Send it to the solicitors.
I would also include a request for a detailed breakdown of how the sum claimed has been calculated.
Have you sent a CCA request?

Thabks for the reply.
So do I remove the last paragraph about enclosing the £1 fee?
I will add a request for a detailed breakdown thanks 😊

I have not sent a cca request do I send that with this document at the same time? Where would I obtain a cca request? Sorry for all the questions I feel completely like a fish out of water doing this

[charitynjw]

Re: CCJ claim form received from lowell for mobile phone debt

Did your agreement include payment of a handset?
If so, was it (possibly in part) an agreement regulated by the Consumer Credit Act 1974?

[neon989]

Re: CCJ claim form received from lowell for mobile phone debt

I am unsure if payment of a handset was included.. I believe they just charged a monthly fee.. as to whether that included handset payment I'm not sure?

[charitynjw]

Re: CCJ claim form received from lowell for mobile phone debt

Ok
Definitely acknowledge the claim asap.
SAR EE (Orange) for all data held. (See top of thread for template).
& if it were me I'd send the CCA request + £1 fee to EE. (I'd put a generic 'sections 77-79 CCA 1974' rather than specify exactly which section).
I'd bet my shirt that you receive the standard kneejerk ' mobile phone agreements are not regulated by the CCA' rubbish back from them.
& send the CPR request & copy of the CCA request (no fee with this) to the solicitors.
Get proof of posting with all.

[neon989]

Re: CCJ claim form received from lowell for mobile phone debt

Amazing tjanks for thst.
I have acknowledged the claim.
I will send all the above as you have suggested.
Once I have done all of the above. What is my next move in terms of a defence? Thanks

[charitynjw]

Re: CCJ claim form received from lowell for mobile phone debt

Unless they take you up on your generous offer of a 28 day extension (CPR request), your defence will need to be filed with 33 days of the claim issue date. According to my math, that is Sunday 6th August, so Monday 7th absolute latest. Best to wait until close to that date to see what (if anything) turns up in the meantime.

[neon989]

Re: CCJ claim form received from lowell for mobile phone debt

Ok so so far I've acknowledge the claim.
I need to send a sar to ee. A cca to ee, a cca to Lowell and a cpr to Lowell solicitors and then see what I get back before filing my defence close to the 6th August? Does that all sound about Right?

Also I don't suppose anyone knows an address to send Orange a dsar to? Because all I can find on Google are ee addresses...

[neon989]

Re: CCJ claim form received from lowell for mobile phone debt

Okay, so i have acknowledged the claim and my intention to dispute, I've sent a cca to lowells, EE and a cc to lowells solicitors along with a copy of the cca requests to lowells. Any idea how I should start preparing my defence? thanks in advance..