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

[Toby1979]

Received a claim? Yes
Issue Date: 22-9-2017
Amount approx: 758
Claimant: lowell portfolio
Solicitor: lowell solicitors
Original Credit: ee limited

Particulars of Claim:
the defendant entered into agreement with ee formely t-mobile under account ref xxx

2) defendant failed to maintain the required payments and srvice was terminated.

3) the agreement was later assigned to the claiment on 30/09/14 and notice given to the defendant.

4) despite repeated requests for payment the sum of 582.30 remains due.

Stat Barred? Yes

Have sent:

Other Info:
Had odd letter over years and ignored. can not even find any info on it my self as in way of dates because it was removed of my credit file around 2 years ago, so sure its well over 6 years a payment was made.

Account was originaly in dispute over premium call backs that were charged on the phone and i refused to pay.

can a mobile phone contract go stat barred ?

[Toby1979]

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

just to add ime on holiday from saturday, and this was issued 22nd sep so i will need to disagree with the claim or acknowledge it before i go away saturday morning ?

[Toby1979]

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

Can anyone see this lol?? not sure if i done it correct

ime away saturday and need to acknowledge claim or disagree with claim ?
not sure which one with it been stat barred ? its been over 7 years since payment so should i say i dont reconise the debt ?
or tell them it stat barred

Thanks!
ps if i have done it wrong or in wrong section can some one let me know please

[Amethyst]

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

Hi Toby, Sorry looks like you're talking to yourself... sometimes posts just get missed - you've done it right and it's in the right place, so our fault xxx

You need to Acknowledge the Claim ( intent to defend in full ) regardless of whether you actually go on to defence it or make an offer - it's not binding and simply allows your the full 28 days

Sounds like it may be statute barred so you can defend on that basis but I'd also get them to provide all the relevant documents for you so you have a backup defence if you made any payments to like a DCA or something within the last 6 years.

So send a CPR 31.14 Request Letter to the Claimant asking for the 'agreement' and the ' notice of assignment ' ( as they are both mentioned in the particulars of claim )

You might also want to send a SAR to the original creditor (EE ) Subject Access Request Letter - not imperative but might assist later evidencing the contract and payments etc

[Toby1979]

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

HaHa thought i was lol!

Right thanks all that will be done today.

so before the 28 days is up i need to submit my defense is that right ? and is that just done online again ?

just ime away till 8th october want to get organised for when i get back

[Toby1979]

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

1 more question sorry! so i take it because it stat barred it doesnt automatically mean they cant go through with the claim ?

[Amethyst]

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

Indeed, you have to defend stating it is statute barred and this puts the burden of proof onto the claimant to show it isn't ( so evidence a payment in the last 6 years etc)

Yes you need to submit your defence within 33 days from the date of issue on the claim form There is an example defence here >> Example Defence

[Toby1979]

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

Thank you very much I understand now very helpful.

When I get back should I just update on this thread and it goes back to top of list or make new thread ?

[Toby1979]

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

Hi, i have returned from holiday and have recieved no response yet to letters sent.

acknowledged claim online 28/9/17

sent cpr request to lowell solicitirs 29/9/17 was signed for special delvery on the following monday

sent sar to ee on 29/9/17

so what date do i have till to file a defense ?

and is there any template / examples on the site as i have no clue were to start or what to put in it about it been stat barred

Thank you very much

[Amethyst]

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

Claim issued on 22nd sept ? Roughly you have till 22nd Oct for defence ( do issue date plus 33 days here http://www.timeanddate.com/date/dateadd.html for absolute maximum timescales but be thereabouts)

[Toby1979]

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

Thanks, should i hold on then bit longer see if i get any reply from cpr request

[Amethyst]

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

I would hang on another week at least xx

[Toby1979]

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

Thank you x

[Toby1979]

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

Hi. Just received a letter today confirming receipt of cpr
But says it's not covered because it's a mobile Phone,
And they won't be sending me anything.

Then it states a few dates saying I only took the pho e contract out in 2012 and last payment was 2013 ? Last payment was years before this as far as I Am aware and one sure the original co tract was from around 2009. I will try contact my old bank for proof.

Is it known for them to just make these dates up ??

I'll add a copy of the letter when ime back home later

[charitynjw]

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

Hi Toby

If you sent a CPR 31 request per Amethyst's link (above), then they seem to be confusing it with a request via ss77-79 Consumer Credit Act 1974, which is an entirely different animal.
If it were me I'd use this in the defence to show their ineptitude.
But yes, post up the letter (obscure personal info).

Is it known for them to just make these dates up ??

They have been known to be 'creative', lol!

Have you sent the SAR?