Court Claim - lowell portfolio / ee limited - 22-9-2017

[Toby1979]

Re: Court Claim - lowell portfolio / ee limited - 22-9-2017

Was your agreement a regulated agreement via the Consumer Credit Act 1974?

sorry i dont know ? and have no paper work from the mobile contract. how would i find this out

[Toby1979]

Re: Court Claim - lowell portfolio / ee limited - 22-9-2017

Looking at comment 15 by charity, would i be ok just leaving the above 2 paragraphs out of my response ?
i think charity is saying they are saying in there last letter to me i sent them a ss77-79 and its no good for mobile phones.... but i didnt i sent them your cpr request from your link! if that makes sense

[charitynjw]

Re: Court Claim - lowell portfolio / ee limited - 22-9-2017

Yep, it makes sense.

Replace those 2 paragraphs with

"In a letter dated [xxx], the Claimant claims that the agreement is not regulated via the Consumer Credit Act 1974.
Due to the Claimant's failure to disclose requested documentation I am unable to verify this statement or to ascertain my legal position in this matter".

[Toby1979]

Re: Court Claim - lowell portfolio / ee limited - 22-9-2017

Excellent thank you very much xxx

[Toby1979]

Re: Court Claim - lowell portfolio / ee limited - 22-9-2017

Update and advice please!

so sent defense of and received confirmatiion from court.

2/11/17

recived letter from lowell solicitors which had there "copy of Directions questionnaire which has now been lodged with the court"
it has been filled in stating yes to agreeing to mediation,,, and yes to agree that the small claims track is appropriate etc...

6/11/17
Received letter from lowell solicitors
which includes copy of notice of assignment and also says they have requested statment of account from original creditor.
also states "The agreement is not regulated by the consumer credit act 1974 and due to this there was no requirement for the original creditor to serve a default notice upon breach of contract"

8/11/17

i received a letter from court "notice of proposed allocation to the small claims track"
says its now a defended claim and i have till 27th november to fill in directions questionnaire form n180 and serve to the court and serve copies to all other parties

so should i basically fill it in same as lowell and tick yes to mediation and agree to small claims track ??

Thanks

[Amethyst]

Re: Court Claim - lowell portfolio / ee limited - 22-9-2017

8/11/17

i received a letter from court "notice of proposed allocation to the small claims track"
says its now a defended claim and i have till 27th november to fill in directions questionnaire form n180 and serve to the court and serve copies to all other parties

so should i basically fill it in same as lowell and tick yes to mediation and agree to small claims track ??

Thanks

Yes


Did you do a SAR to EE/Tmobile at all ?

The issues with the phone contract being separate to the airtime, and the airtime being PAYG you can expand on it your Witness Statement, but if you can get the info out of tmobile it would be useful.

Did you plead Statute Barred in your defence?

[Toby1979]

Re: Court Claim - lowell portfolio / ee limited - 22-9-2017

Yes


Did you do a SAR to EE/Tmobile at all ?

The issues with the phone contract being separate to the airtime, and the airtime being PAYG you can expand on it your Witness Statement, but if you can get the info out of tmobile it would be useful.

Did you plead Statute Barred in your defence?

Hi, yes pleaded stat barred

Also there saying last payment date of £35 .... gone back through all statments and no payments made

yes i done sar to ee/tmobile sent me letter back for £10 sent that off and not heard from them yet.

pay as you go phone was completlly seperate from this, pay as you go phone is one i paid in full for after this contract phone
and there the only payments on my statments for years before there alleged £35 payment ? they are all £10 debit card top ups on my statments.

this contract phone was direct debit payments years before....

hopefully ee send contract information out