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

[Toby1979]

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

Hi. Yes sent sar to ee at same time, not had any reply back yet.

I'll check exactly what I sent when I get in o saved it on my

Thank you for help x

[Toby1979]

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).


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

Have you sent the SAR?

Yes just checked i used the link above to send cpr request. so same as written on link

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It was from way before i moved in this house and i have been in this house 7 years, will my old bank confirm payments over telephone ?

[charitynjw]

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

Re that letter, if the claim was issued 22nd September, the defence deadline is 25th October.

[Toby1979]

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

I have just found all my bank statments from 2012 to 2016 !! no payment made on 17th may 2013

just doing kids tea at same time lol ill try find last payment but ime sure its even further back than this

[charitynjw]

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

Can you remember the name of the contract which you had with T-mobile?

[Toby1979]

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

Can you remember the name of the contract which you had with T-mobile?

no sorry

But i have just found a £10 pay as you go top payment on the date they said i paid £35 to ee ?? the pay as you go phone was ee and i use to top up on my card when ringing them. it says card payment. the contract phone was only ever direct debit payments never "card payment"

would they have this kind of information ? cant be a coincidence the dates match 17th may 2013

[Toby1979]

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

it looks like there trying to confuse it with a pay as you go phone !!! would they be able to get information like this to try and blag it ?

gone back to 2012 and still just the odd £5 or £10 payasyou go top card payment,

ill see if i can actually find older ones and find a actual direct debit for the contract,, but ime sure last payment was around 2010 or even 2009

[charitynjw]

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

They might try & blag to confuse you, but if you challenge the £35 payment, they must evidence exactly where it came from.

[Toby1979]

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

They might try & blag to confuse you, but if you challenge the £35 payment, they must evidence exactly where it came from.

ok thanks well there is deffo no £35 payment, ime searching back through the months now and still not found last payment it might be to far back.

[Toby1979]

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

I have till the 10th feb 2011 and still no payments to them!! the dates on that letter from today are deffo a pay as you go phone i bought years after this contract, they must be able to get this information of ee ?? or its a coincidence?

either way no payments from me i have the statments here.

so how do i file a defense online ? is there any templates / links info on here, i will start it sunday give my self time as i dont know were to start at the moment

Thank you very much for any help

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Last one for today! is it worth ringing the solicitors and letting them know i no its wrong dates and there was no payments ?

[charitynjw]

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

When arguing 'statute-barred', it is important to establish the trigger date for the cause of action. This is not necessarily the date of a last payment.
As this is a mobile phone claim, they will probably be arguing that the trigger date is when the contract period expired.
Hence the importance of checking the contract T&Cs.

[Toby1979]

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

When arguing 'statute-barred', it is important to establish the trigger date for the cause of action. This is not necessarily the date of a last payment.
As this is a mobile phone claim, they will probably be arguing that the trigger date is when the contract period expired.
Hence the importance of checking the contract T&Cs.

i see, all i can do is wait for the sar if it turns up in time, but at moment ime confident the contract was a 12month one taken out in 2009

[charitynjw]

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

Any upgrades or anything which may have renewed it?

[Toby1979]

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

Any upgrades or anything which may have renewed it?

No wouldn't have been as it was cancelled when non payment.
That's why bill so high they have charged the termination charge for rest of contract.

My bank statements here go back to may 2011 and there is no payments.
It was cancelled and last payment at least 2010 maybe 2009.

How long does the sar request Have to send you information
Was it 30 days

[charitynjw]

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

At present a SAR can take up to 40 days.