Lowell soliciters Court Claim T-Mobile

[gary2176]

I have just received a letter from Lowell solicitors for a T-Mobile account i don't even remember having.
I have acknowledged the letter via the Mcol website but where do i go now.
1) The defendant entered into an agreement with T-mobile under account ref: XXXXXXXXXXXXXX (agreement)
2) the defendant failed to maintain the required payments and service was terminated
3) the agreement was later assigned to the claimant on 28/05/2015 and notice given to defendant
4) despite repeated requests the payment of £395.35 remains due and outstanding
and the claimant claims:
the said sum of £395.35
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
costs

That's all the information i have. I have had mobile phones over the years but cant remeber a t-mobile one i have got a copy of my credit file but there is no t-mobile of telecoms default except a lowels one which suddenly popped up in march 2016

[jaguarsuk]

Re: Lowell soliciters Court Claim T-Mobile

Hi and Welcome

Now you have acknowledged service you need to get on with writing to the solicitor with a request for all the documents (Original Agreement, Default Notice, Notice of Assignment of the Debt to Lowell etc.) and start preparing your defence. If you have entered into an agreement with them, then they should be able to produce all of this.

There's more information Here of what process to follow. Send a CCA Request and CPR request to the solicitors. Finally when you start to write your defence, there's examples of how to format it here.

In terms of the credit file, look on Noodle (free credit report) in the closed accounts section of your credit report. The account for T-Mobile would likely be there as they would mark it settled once sold to Lowell.

[warwick65]

Re: Lowell soliciters Court Claim T-Mobile

Remember in a cpr31.14 request you can only ask for documents mentioned in the particulars of claim so no default notice

As it is a telecoms agreement it is unlikely that a cca request will be valid unless there was a separate credit agreement for the handset which is how I know O2 now operate

[jaguarsuk]

Re: Lowell soliciters Court Claim T-Mobile

Remember in a cpr31.14 request you can only ask for documents mentioned in the particulars of claim so no default notice

As it is a telecoms agreement it is unlikely that a cca request will be valid unless there was a separate credit agreement for the handset which is how I know O2 now operate

As gary says that he doesn't recognise the debt I'd say send the CCA request as it's not possible to know if there is or isn't a CCA because he doesn't remember taking it out. As warwick says don't be surprised if you get nothing back on that front.

[gary2176]

Re: Lowell soliciters Court Claim T-Mobile

Hi guys thankyou for the information i have just sent off the Cpr31.14 as well as the CCA request i have also checked my noodle closed accounts credit score as well as experian and callcredit and none of these show a t-mobile account or telecomms account except the one i have been on for the last 2 years which is with 3 mobile

[jaguarsuk]

Re: Lowell soliciters Court Claim T-Mobile

Hi guys thankyou for the information i have just sent off the Cpr31.14 as well as the CCA request i have also checked my noodle closed accounts credit score as well as experian and callcredit and none of these show a t-mobile account or telecomms account except the one i have been on for the last 2 years which is with 3 mobile

Good stuff, let us know what if anything comes back. Keep an eye on the dates as if they don't get back to you with the things you have requested you'll still need to file a defence.

[warwick65]

Re: Lowell soliciters Court Claim T-Mobile

Just for info
Dealines are
Acknowledgment of service - 19 days from the date on the claim form
Defence - 33 days from the date on the claim form by 4pm. If that is a weekend it is 4pm the next working day

[gary2176]

Re: Lowell soliciters Court Claim T-Mobile

ok thats brilliant the letter is dated 8-september but i didnt get it till the 14th at which state i went on and acknoledged receipt of it so is it 33 days from the 8th or 14th?

[warwick65]

Re: Lowell soliciters Court Claim T-Mobile

33 from the 8th which makes 11th Oct

[gary2176]

Re: Lowell soliciters Court Claim T-Mobile

Ok thankyou couple of questions as this account doesnt show on any credit score i have except for the sudden appearance of the lowell one will this help my defence also how do i put in a defence when ever i try to go on the mcol website i login put in the claim and the pw and it says invalid every time so not sure how i can gain access if those details no longer work

[jaguarsuk]

Re: Lowell soliciters Court Claim T-Mobile

As you'll need to sign the defence this is posted to the court, unfortunately it not being on your credit file isn't the defence as if the account was closed over six years ago it could have slipped off the credit file.

Your defence if they don't come back with the documents in the CPR 31.14 request will be that you don't recognise the debt, you have asked the claimant to substantiate their claim and they haven't, that as such you dispute owing the debt and you want the claim struck out with costs being paid by the claimant.

You write it a certain way though, so cross that bridge when it comes. Let's see if they come up with anything first.

[warwick65]

Re: Lowell soliciters Court Claim T-Mobile

Hi Gary

When you signed up for MCOL you were given a 12 digit number and created a password- this is what you use to log in

Then when you go to the bottom of the page you will see your claim.

If you are still having problems you can give the helpline a call. 0300 123 1057

You do not have to post your defence to the court - it can be emailed but I can never remember the correct email

It might be this ccbcdefendants@hmcts.gsi.gov.uk

I emailed my acknowledgement of service to ccbcaq@hmcts.gsi.gov.uk

Hope that helps
@charitynjw are they correct?



If the claim came from Salford here are the contact detailshttps://www.moneyclaimsuk.co.uk/ccmcc.aspx

[charitynjw]

Re: Lowell soliciters Court Claim T-Mobile

[MENTION=98117]warwick65[/MENTION]

For MCOL I've always used ccbcaq@hmcts.gsi.gov.uk.
Never had any problems.