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

[charitynjw]

Re: Lowell CCJ Court Letter - Debt 2009

Apologies to the OP for thread jacking.

I am just popping in to ask Nemesis if they kept the edits of the defence mentioned in the quoted post, as it will be exactly how I will argue my defence once Lowell fail to supply docs/agreements.

If they could possibly PM me or post in my own thread below, it would be greatly appreciated.

I will bow out now but watch the thread with interest.

Best wishes, good luck and again apologies to the OP.

The filed defence (see post #45) does not include statute-barred.

I cant see them going to court for his, they have to be sure its not statute barred which it seems to be on your evidence of your last payment being sept 2009. even if they put a default to the debt 6 months later and you havent made claim to the debt that will take you well over the 6 years. Then if you have asked for proof of the debt and they haven't produced it how can the courts expect you to accept hearsay.

See above reply.

It would be better to start your own threads.
No matter how similar, all cases are unique & trying to answer different folks on one thread will probably end up in chaos.

[Dragonswife]

Re: Lowell CCJ Court Letter - Debt 2009

A strange turnup for the books - Lowell have sent me some "evidence"

The first, is a letter which reads
"as this is a telecommunications account and it is not regulated by the consumer credit act 1974. therefore, our client is not obliged to provide you with a copy of the agreement"

The second is a copy of a phone bill dated 2011 (I do not recall seeing this before) but it does include
"we closed your account on 04 February 2010, but the balance is still overdue"

I'm unable to post the images of the letter, but I was wondering... if bill dated Feb 2011 says that 3 closed the account in 2010 can I now go back and use the Statute Barred defence in my witness statement?

Lowell are saying that now I have the evidence I have to contact them and pay, and if that's the consensus then I'll do that - but if I still have a viable defence then I'm still prepared to continue fighting.

Any thoughts?

[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]

nemxx

[nemesis45]

Re: Lowell CCJ Court Letter - Debt 2009

Well my view on this is IF an agreement or a contract is mentioned the particulars of claim it will have to be produced in court regulated or not.
nem

[Dragonswife]

Re: Lowell CCJ Court Letter - Debt 2009

Well my view on this is IF an agreement or a contract is mentioned the particulars of claim it will have to be produced in court regulated or not.
nem

I've gone back over the thread, and the letter I sent, and it did have an agreement number in the original papers from the county court.

Does this make any difference though?

Is it worth me now approaching Lowell to mention that based on the evidence supplied, I believe the debt to be statute barred? (I am not sure if that is sensible, or if I should just do it through the court).

My defence would be that on receiving the letter from Lowell, it would seem that the the debt is statute barred

Or should I, as in earlier comments, wait and see if they pay the hearing fee?

I have it in mind that I want to send everything the first week in January to the court - more than 14 days before the hearing, but in plenty of time for them to receive it.

Also, I don't want to attend court - Manchester is a nightmare to get to and it means taking time out of work - would this make any difference in the long run?

sorry for so many more questions - strangely enough, writing down what's in my head helps me rethink rather than going with the gut reaction

[piratepeter63]

Re: Lowell CCJ Court Letter - Debt 2009

hi dragons wife/
ive been to court twice with lowells over a unpaid bill with vodafone, and got it adjourned twice, first lowell produced a witness statement to days prior to the case, but with all the confusion lowells course you i had not submitted a witness statement, and the judge adjourned it so i could produce one.
the next time the judge ajourned it for lowell to produce evidence of the claim which they state they have in there witness statement , they dont have any lowells buy bulk debts,im back 21/12/2016 to see if lowells have got what the judge as asked them for, 5 invoices relating to the debt, copy of the terms and conditions, and a full explanation in writing,how i can be charged £670 for early termination fee when i was with vodafone for ten years, he went mental with lowells solicitor she was nearly in tears.

[piratepeter63]

Re: Lowell CCJ Court Letter - Debt 2009

drangons wife,
serious you need to go to court , cos this is what lowells dont want you to do, they will go straight in for a ccj they tried it twice with me but the judge saw straight through them,

[Dragonswife]

Re: Lowell CCJ Court Letter - Debt 2009

drangons wife,
serious you need to go to court , cos this is what lowells dont want you to do, they will go straight in for a ccj they tried it twice with me but the judge saw straight through them,

Thank you for your comments, I'll book the day off work!

[piratepeter63]

Re: Lowell CCJ Court Letter - Debt 2009

thanks, dragons wife,
and if lowells produce whats asked of them, my question is , why didnt lowells produce this two years ago when i asked them too,i think thats check mate lowells, thats all it is wth lowells game of chess.

[Dragonswife]

Re: Lowell CCJ Court Letter - Debt 2009

So, I'm about to write my defence (it has to be posted Friday 6th, to arrive Monday 9th)
I plan to use the fact that I asked for information from Lowell in August (list the information from particulars of claim individually)

I contacted the claimant in a letter dated 01st August 2016 requesting the followin

Agreement – account reference: 9229707253
Default Notice
Assignment dated 16/12/2011 and copy of notification to defendant

The claimant sent a copy of a telephone bill dated February 2011, stating the account was 04th February 2010, but has not provided a copy of the Default Notice or the Notification relating to the assignment of the debt

I have no recollection of default notice / assignment communication, and I therefore believe the debt to be statute barred



I'm not sure if I need anything more than this, can anyone advise if this wording seems sufficient?
[MENTION=55034]nemesis45[/MENTION]

Edited to include all the information (I posted before I'd finished)

[Dragonswife]

Re: Lowell CCJ Court Letter - Debt 2009

I've formulated the defence, and I think I've got it typed up in a proper format

1. I, XX of XX Road am the defendant in this case. The facts in this statement come from my personal knowledge.

1. I received a claim form from the County Court Business Centre, dated 22^nd July 2016 and contacted both Lowell Solicitors and Lowell Portfolio to request further information.

1. In my letter, I requested inspection of documents listed in the claimants Particulars of Claim.

1. These included a copy of agreement with three Mobile under account reference 12345. Also requested was a copy of the Default Notice, and finally a copy of the Assignment dated 16/12/2011 and copy of notification to defendant.

1. In a letter dated 28^th November 2016, the claimant enclosed a copy of telephone bill dated 07^th February 2011, which states that the account was closed on 04^th February 2010 with monies still owing. I have not received copies of the Default Notice or copies of the notification to defendant as requested.

1. I have no recollection of receiving this previously, and no payment has been made to this debt by me, any joint account-holder, or any third party acting as my agent for a period of more than six years

1. No written admission of liability for this debt has been made by me, or any third party acting as my agent for a period of more than six years

1. I believe this debt is statute barred, and therefore not enforceable

1. I believe that the facts stated in this witness statement are true

Would anyone be able to give me feedback on this defence before I submit it in the post on Friday 06th?

Many thanks

[charitynjw]

Re: Lowell CCJ Court Letter - Debt 2009

I've formulated the defence, and I think I've got it typed up in a proper format

1. I, XX of XX Road am the defendant in this case. The facts in this statement come from my personal knowledge.

1. I received a claim form from the County Court Business Centre, dated 22^nd July 2016 and contacted both Lowell Solicitors and Lowell Portfolio to request further information.

1. In my letter, I requested inspection of documents listed in the claimants Particulars of Claim.

1. These included a copy of agreement with three Mobile under account reference 12345. Also requested was a copy of the Default Notice, and finally a copy of the Assignment dated 16/12/2011 and copy of notification to defendant.

1. In a letter dated 28^th November 2016, the claimant enclosed a copy of telephone bill dated 07^th February 2011, which states that the account was closed on 04^th February 2010 with monies still owing. I have not received copies of the Default Notice or copies of the notification to defendant as requested.

1. I have no recollection of receiving this previously, and no payment has been made to this debt by me, any joint account-holder, or any third party acting as my agent for a period of more than six years

1. No written admission of liability for this debt has been made by me, or any third party acting as my agent for a period of more than six years

1. I believe this debt is statute barred, and therefore not enforceable

1. I believe that the facts stated in this witness statement are true

Would anyone be able to give me feedback on this defence before I submit it in the post on Friday 06th?

Many thanks

Witness Statement

If it were me I'd state that the letter requesting disclosure was via CPR 31.14, & was sent to the Claimant/solicitors way before the case was allocated to Small Claims Track.
You also need to provide the evidence/documents, yours & theirs, suitably labelled (ie DW1, DW2 etc) & cross-refer on the WS.
Paragraph numbering needs sorting.

[Dragonswife]

Re: Lowell CCJ Court Letter - Debt 2009

If I reword the paragraph as such, it covers the date I sent the letter, and that it was before being allocated.

1. In my letter dated 31st July 2016, I requested inspection of documents listed in the claimants Particulars of Claim. The request for disclosure of documents was made via CPR 31 14 before the case was allocated to Small Claims Track

The paragraph numbering went a bit haywire when I copied the whole thing into this thread, and will be numbered correctly before submitting.

Do I need to add the "DW1" etc to the paragraph?
In my letter dated 31st July 2016 (DW1), I requested inspection of documents listed in the claimants Particulars of Claim. The request for disclosure of documents was made via CPR 31 14 before the case was allocated to Small Claims Track

That would seem sensible, but I'm not sure if that's how it's done

I hope that covers everything (thank you [MENTION=5553]charitynjw[/MENTION] for your help)

[charitynjw]

Re: Lowell CCJ Court Letter - Debt 2009

If I reword the paragraph as such, it covers the date I sent the letter, and that it was before being allocated.

1. In my letter dated 31st July 2016, I requested inspection of documents listed in the claimants Particulars of Claim. The request for disclosure of documents was made via CPR 31 14 before the case was allocated to Small Claims Track

The paragraph numbering went a bit haywire when I copied the whole thing into this thread, and will be numbered correctly before submitting.

Do I need to add the "DW1" etc to the paragraph?
In my letter dated 31st July 2016 (Exhibit DW1), I requested inspection of documents listed in the claimants Particulars of Claim. The request for disclosure of documents was made via CPR 31 14 before the case was allocated to Small Claims Track

That would seem sensible, but I'm not sure if that's how it's done

I hope that covers everything (thank you @charitynjw for your help)

You will need 3 copies of everything (inc the WS); one lot to send to Claimant/sols, another lot to court & of course your own copies.