**DISCONTINUED** Lowell CCJ Court Letter - Debt 2009

[Dragonswife]

Re: Lowell CCJ Court Letter - Debt 2009

The defendant entered into an agreement with Three Mobile under account reference 123456 ("the agreement").

2 The defendant failed to maintain the required payments and a default notice was served and not complied with
(I don't remember a default notice, it's from 2009)

3 The Agreement was later assigned to the claimant on 16/12/2011 and notice given to the defendant
(again, I have no idea if this is true)

4 Despite repeated request for payment the sum of £155 remains due and outstanding
(I receive, perhaps, 1 letter per year addressed to my previous name - usually junk mail which goes in the bin

and the claimant claims
a) the said sum of £155
b) interest persuant 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 dail rate of £0.034 but limited to one year, being £12.40
c) costs

[nemesis45]

Re: Lowell CCJ Court Letter - Debt 2009

The defendant entered into an agreement with Three Mobile under account reference 123456 ("the agreement").

2 The defendant failed to maintain the required payments and a default notice was served and not complied with
(I don't remember a default notice, it's from 2009)

3 The Agreement was later assigned to the claimant on 16/12/2011 and notice given to the defendant
(again, I have no idea if this is true)

4 Despite repeated request for payment the sum of £155 remains due and outstanding
(I receive, perhaps, 1 letter per year addressed to my previous name - usually junk mail which goes in the bin

and the claimant claims
a) the said sum of £155
b) interest persuant 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 dail rate of £0.034 but limited to one year, being £12.40
c) costs

Ok no " Formal Demand " mentioned?

So not applicable,. Although this is what is required with a service contract not a Default Notice under section 87 (1) CCA 1974.

nem

[Dragonswife]

Re: Lowell CCJ Court Letter - Debt 2009

Ok no " Formal Demand " mentioned?

So not applicable,. Although this is what is required with a service contract not a Default Notice under section 87 (1) CCA 1974.

nem

I've looked at the first page again, and can't see anything that states "formal demand"

Is that a good or bad thing?

If I send my letter tomorrow (recorded delivery) and ask for copies of the agreement etc, how do I explain that I believe it is statute barred and is is it going to be if they say they contacted me in 2011?

[Kati]

Re: Lowell CCJ Court Letter - Debt 2009

I've looked at the first page again, and can't see anything that states "formal demand"

Is that a good or bad thing?

If I send my letter tomorrow (recorded delivery) and ask for copies of the agreement etc, how do I explain that I believe it is statute barred and is is it going to be if they say they contacted me in 2011?

The SB'd bit will come later (when you enter a defence) xx

[Dragonswife]

Re: Lowell CCJ Court Letter - Debt 2009

The SB'd bit will come later (when you enter a defence) xx

Thanks Kati,

So (just so I'm straight in my head)

1) letter to solicitors, asking for evidence
2) see what evidence they have
3) enter defence, or offer to pay - depending on what they send

[nemesis45]

Re: Lowell CCJ Court Letter - Debt 2009

I've looked at the first page again, and can't see anything that states "formal demand"

Is that a good or bad thing?

If I send my letter tomorrow (recorded delivery) and ask for copies of the agreement etc, how do I explain that I believe it is statute barred and is is it going to be if they say they contacted me in 2011?

Good morning,

If " Final Demand " is not mentioned in the particulars of claim you cannot ask for it via CPR31.14.

nem

[Kati]

Re: Lowell CCJ Court Letter - Debt 2009

[MENTION=55034]nemesis45[/MENTION] xx

[nemesis45]

Re: Lowell CCJ Court Letter - Debt 2009

@nemesis45 xx

Thank you [MENTION=49370]Kati[/MENTION] xx

[nemesis45]

Re: Lowell CCJ Court Letter - Debt 2009

That's great as the POC clearly states " The Agreement " makes it key to their claim so it should be disclosed for inspection via CPR 31.14.
No Final Demand although that is usually what is issued with a service agreement ( in the way of a final " invoice" which sets out the consequence of non payment.

The letter is excellent, make sure you use signed for as we've seen before Lowell sols are a slippery bunch.

nem

[Dragonswife]

Re: Lowell CCJ Court Letter - Debt 2009

Thank you for uploading Kati, and for your comments Nemesis.

I've sent two copies - one to Lowell Solicitors and one to Lowell Portfolio, that way I'm hoping to get a response from at least one of them. Thinking about it, I might not have signed the one to the solicitors, but the one to portfolio was definitely signed.

I'm going on holiday 10th August, so I'm hoping to get a response quickly. However, if I don't have a response by then, do I need to do anything (I know I've got extended time to submit a defence, but how long, and will it need doing before my holiday?)

Thank you

[Dragonswife]

Re: Lowell CCJ Court Letter - Debt 2009

Hello again, I'm back from my holiday and have received nothing from Lowell Portfolio or Lowell Solicitors regarding the court claim.

I don't know how to tag Nemesis and Kati, who I hope might be able to point me in the right direction once more.

As Lowell have failed to provide the information (evidence of their claim) I have no idea how to dispute it.

Can they still use this in court?

Can I submit a defence based on not knowing what evidence they have?

I still believe this is statute barred (it happened in 2009) but without seeing what proof they are holding I am not sure how to proceed before the 28 days are over.

I think I've seen a template letter regarding lack of evidence from the claimant, and will have a look for it... is this what I now need for my defence?

Many thanks for all the continued advice

[charitynjw]

Re: Lowell CCJ Court Letter - Debt 2009

Hi

Here's a templated 'no documents' defence which you can adapt to suit your case.
http://legalbeagles.info/forums/show...t-Court-Claims

[nemesis45]

Re: Lowell CCJ Court Letter - Debt 2009

Hello again, I'm back from my holiday and have received nothing from Lowell Portfolio or Lowell Solicitors regarding the court claim.

I don't know how to tag Nemesis and Kati, who I hope might be able to point me in the right direction once more.

As Lowell have failed to provide the information (evidence of their claim) I have no idea how to dispute it.

Can they still use this in court?

Can I submit a defence based on not knowing what evidence they have?

I still believe this is statute barred (it happened in 2009) but without seeing what proof they are holding I am not sure how to proceed before the 28 days are over.

I think I've seen a template letter regarding lack of evidence from the claimant, and will have a look for it... is this what I now need for my defence?

Many thanks for all the continued advice

Good evening.

To tag someone type @ and their user name.

The fact that no evidence ha s been provided is to your benefit as the debt is rendered unenforceable without the CCA.

Take a look at the specimen defences in the green box at the top of the main forum page to get an idea of content and format try making a draft and post here then we can tweak it.

nem

[Dragonswife]

Re: Lowell CCJ Court Letter - Debt 2009

Good morning,

I've used the template, and filled in the bits that I think are correct. Of course, there are parts of the template that don't apply to me, but I'm not sure which are/aren't correct - so I've used it all and left little comments to raise queries.
[MENTION=49370]Kati[/MENTION] - am I OK to email it to you to add to the thread please?
[MENTION=55034]nemesis45[/MENTION] - thank you for your help so far, I think I'm almost there, but without your guidance I'd have been floundering even more than I think I am

[Kati]

Re: Lowell CCJ Court Letter - Debt 2009

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