**DISCONTINUED** lowell Portfolio 1 ltd v Danny Butts

[Danny Butts]

Hi all,

Issue Date: 15 Nov 2016

Amount approx: £350

Claimant: lowell Portfolio 1 ltd

Solicitor: Lowell solicitors ltd

Original Creditor: T-mobile

Particulars of Claim:
1) The defendant entered into an agreement with T-Mobile under account reference XXXX ('the agreement')
2)The Defendant failed to maintain the required payments and a default notice was served and not complied with.
3)The agreement was later assigned to the claimant on 12/11/15 and notice given to the defendant.
4)Despite repeated requests for payment the sum of £350 remains due and outstanding.
And the claimant claims
a)The sum of £350
b)interest...a60..£27
c)costs

Is the debt Statute Barred?
Not entirely sure...see below

List any letters you have sent: Acknowledged service on-line but none to the claimant/solicitors so far.

Any Other Info:
New Years Eve 2010 my mobile went missing from my coat pocket and it wasn't until the following day that I noticed.
I contacted T-mobile to put a stop on and discovered that they already had, as someone had racked up £350 in calls to premium lines in Algeria in less than two hours.
I spent a month or so in calls and emails to T-mobile disputing that I was liable for the charges and did not pay the January bill.
I assume that T-mobile defaulted me, I don't really remember.
I started getting demands from a company called Sigma Red with a load of "mights" and "maybe's" which I ignored re online advice.
Scroll on 5 and a bit years during which time I had moved house, I was surprised to be declined for a credit card. I checked my credit rating and found a default from Sigma Red that had been running for over 5 years.
Again after some on-line advice, I lowered my standards and got a credit rebuilding card and just allowed the default to run , expecting it to become SB in January and something I could just move on from.
While my post was on redirect after a house move, I received an "introductory" letter from Lowell and a letter from Sigma Red saying they had sold on the debt.
Since joining the electoral register at my new address, I've been receiving demands from Lowell with lots of "mays" and "mights", and anticipating the joy of writing them the "SB so sod off letter" I've just let it go over my head. But to my great surprise...
I've just received a Nottingham Claim form from Lowell!

I noticed in another thread that mobile bills are treated differently to CC agreements, however the claim states "agreement" so I'm a bit unsure of which letter I should be sending Lowell portfolio/Lowell solicitors.

any help obviously very appreciated.

Ps...sorry about the formatting.

[Danny Butts]

Re: lowell Portfolio 1 ltd v Danny Butts

a cheeky bump plus asking the question

As the claim form specifically states "agreement" do I follow the CCA route?

There is a thread where someone is in the same situation with Lowells and a vodaphone "agreement" that I can take the wording for the letters from.

[Kati]

Re: lowell Portfolio 1 ltd v Danny Butts

I'll tag [MENTION=55034]nemesis45[/MENTION] for help

as the PoC do not specifically state the account was regulated under the CCA (phone contracts aren't) I doubt you'd get much by sending a cca request :sorry:

you should, however, send a CPR (see - http://legalbeagles.info/forums/show...ic-information)

Particulars of Claim:
1) The defendant entered into an agreement with T-Mobile under account reference XXXX ('the agreement')
2)The Defendant failed to maintain the required payments and a default notice was served and not complied with.
3)The agreement was later assigned to the claimant on 12/11/15 and notice given to the defendant.
4)Despite repeated requests for payment the sum of £350 remains due and outstanding.
And the claimant claims
a)The sum of £350
b)interest...a60..£27
c)costs

you can ask for a copy of the agreement, the default notice and notice of assignment

K xx

[Danny Butts]

Re: lowell Portfolio 1 ltd v Danny Butts

Thank you Kati,

Is it worth asking for the assignment between the original creditor T-mobile and the first DCA Sigma Red?

Wouldn't Lowells need to prove the chain between themselves and T-mobile?

[Danny Butts]

Re: lowell Portfolio 1 ltd v Danny Butts

Just an update and the chance to ask something that has been bugging me.

The CRP letter will be off "signed for" in the morning with a defence date of 16th Dec, the Friday before the Sunday on which the time limit is up.

Are we sure that a CCA letter isn't needed?

Also, I've been looking at the time scale what with Christmas in between. This wont be concluded until March/April next year by which time the alleged debt will have become statute barred*.
Will this process and my contacting the alleged creditor/their solicitors reset the clock on the statute barred date?

*I've found some old email correspondence between myself and T-mobile that indicates that I didn't pay the Jan 2011 bill, and I understand that email correspondence doesn't count as contact (?) the latest date for the clock to start ticking towards SB status is March 2011.
I think Sigma Red must have added the default to my file pretty quickly as I have a date of march 2017 in the back of my mind as the date I was going to be clear of this. Unfortunately the copy of my credit record I received last year was deleted in a recent hard drive clean up.

[Danny Butts]

Re: lowell Portfolio 1 ltd v Danny Butts



Hi all,

Round 2...

I used the template to ask Lowell for the documents mentioned in the POC as kindly highlighted by Kati below.

Particulars of Claim:
1) The defendant entered into an agreement with T-Mobile under account reference XXXX ('the agreement')
2)The Defendant failed to maintain the required payments and a default notice was served and not complied with.
3)The agreement was later assigned to the claimant on 12/11/15 and notice given to the defendant.
4)Despite repeated requests for payment the sum of £350 remains due and outstanding.
And the claimant claims
a)The sum of £350
b)interest...a60..£27
c)costs

Lowell have replied with the relevant paragraphs typed out below.

I have to admit, I am amazed at the sheer brass "decorations" on these guys and girls, particularly with reference to where they expect me to check the T&Cs of the agreement I allegedly signed.

I'm thinking that I still have time to fire off one last letter to them, and have them reply by the deadline for filing the defence. I would like to make this letter pretty hard boiled in pointing out that they have not just failed to provide me with any of the documents set out in their POC, but that by continuing their action they are wasting everyone valuable time (your honour).
I am mulling over whether to counter claim as in Dashers thread, as this was so close to being SB that I dont want it left on hold with the clock stopped.

I also have fudged one issue in my proposed letter as I know that the company that defaulted me was SigmaRed not T-mobile. I notice that Lowell have been careful to leave T-mobiles name out of that part of their reply. I suspect that Lowell's have no "chain" of assignment between themselves, SigmaRed and finally back to T-mobile.

anyhoo their reply....


As this account is a telecommunications account it is not regulated by the CCA 1974 therefore the original creditor is not obliged to provide you with a copy of the agreement or default notice.
We ask that you refer to former T-mobile website for their T&Cs

The outstanding balance relates to a former T-mobile account taken out XXXX with a contact number of 07XXXX. Due to non-payment the account then defaulted on 1/10/11 and was registered on your credit file.The last payment made toward your account was for £15.00 on 2/01/11.

So I am thinking of replying with these bullet points...

1) In my previous letter I asked for the "agreement" of you stated you were relying on in your particulars of claim. Are you now saying that you have no evidence that such an agreement was entered into?

2) Although you stated in your particulars of claim that there was a default notice issued you are now saying that there was no need to issue one, however you still claim that the account went into default and was registered on my credit file. For a claim to be registered on a credit file a default notice needs to be issued. If you are sure of your facts please provide me with the default notice sent by T-mobile that allowed them to register the default on the credit register. I am not sure of my facts on this point.

3) You claim that I should refer to the "former T-mobile" website to "check" their terms and conditions. I am frankly amazed that you can have the arrogance to block up the county court for an alleged debt, that you need to rely on a defunct website to "check" the T&Cs that you are going to rely on in court.
I have made a short internet search for "t-mobile" and found no relevant UK business trading as such.
If you are to rely on these T&Cs please forward me a printed out copy, showing how they were in force on the date you claim I made the "agreement" that you do not have sight of, and provide a valid URL for myself and the court to have access to.

4) I have checked my credit file and there is no default from T-mobile on or around that date and for that amount. Please provide the default notice as mentioned in your POC.

5) You claim the Account was assigned to you but I have no recollection of an assignment notice from T-mobile informing me that they had assigned the account to you. Please provide me with a photocopy of the original.
These last two points are where I am most unsure I can rely on the law, can someone please clear it up before I need to get the letter off.

I'm also planning to add a few flourishes about this being a pointless exercise if they wont provide documents and wasting valuable court time, but I am typing this in the hour I have between finishing work and picking up the nippers, so its a bit ramshackle grammar/syntax wise but I will dig out the proper court approved words when I get the chance tomorrow.

Thing is , I'm hoping to get this letter in the post tomorrow/Monday morning latest to show that I am taking this alleged debt very seriously but cant help Lowell if they refuse to help me (your honour), So I would really appreciate someone having a quick look over it to see if I've dropped a clanger.

[charitynjw]

Re: lowell Portfolio 1 ltd v Danny Butts

Hi Danny

The chain of assignment may need some careful examination.

Sigma Red, I believe, were both a debt purchase company & a debt collection agency.

Earlier this year they had become just a trading style of Clanchatton.

As far as I can see, Clanchatton has been acquired by Sanclare.

So as to who sold what when.........:noidea:

[Danny Butts]

Re: lowell Portfolio 1 ltd v Danny Butts

Thanks for the reply Charitynjw.

My recollection goes something like this

I was in dispute with T-mobile and was considering my next move after they had turned down my offer of 50% plus another 18mth contract (a greater gain than the mobile telecomms industry now believes is "fair" in the case of theft).
I received a letter from SigmaRed saying they had bought the debt, but not one from T-mobile assigning it, as far as I remember.
I ignored SigmaRed for a few years (a couple of years not on the Electoral register helped) then at my last address I started to get letters from Lowell that have continued to my present address. No assignment that I can recall.

I haven't got my credit file available, I'm waiting for it after paying £2 tonight, but the default was definitely put on by SigmaRed although T-mobile may have been mentioned in the small print somewhere, i dont recall.

The reason I am so sure its SigmaRed that placed the default, is that on a consumer forum a few years ago someone would not believe that a DCA had defaulted me when I had no "agreement" with them, and I had to post up a scan of my file to prove it.

[Danny Butts]

Re: lowell Portfolio 1 ltd v Danny Butts

Hello all,

I received my credit report yesterday which has throw up a curve ball.

The original debt/default is no longer showing.

I didnt go as far back when applying as I maybe should have, because I couldn't remember postcodes for a couple of "digs" I stayed at for a few months 5/6 years ago so does the report just show "defaults" at specific addresses?

Or is it a case that the default has run its 6 year course (and I was out by 12 months in my recollection) and is now statute barred?

My defense is due FRiday so I'm thinking of adding that there is no default or debt from anyone, least of all the companies Lowell claims has had ownership of the debt, so even if they do magically find the original agreement and default notice, it will be for a statute barred account.

Oh, just another thing I noticed. There has been no credit search by Lowells (or any company I don't recognise as having a legitimate reason).

[Danny Butts]

Re: lowell Portfolio 1 ltd v Danny Butts

sorry for the double post but I opened a noodle account (I was previously declined for "lack of credit info")


I hope the snip is appearing ^^^^^

Lowell are now the owners of the default.

[Danny Butts]

Re: lowell Portfolio 1 ltd v Danny Butts

*****Help needed urgently please*****

My defence is due today but I have just tried to log onto MCOL and couldnt log in.

User ID from pdf I downloaded when i register....checked and checked again
password from court claim form.....checked and checked again.

When I tried to change password i got "this used ID is not recognised"

Tried to phone the 0845 number and its no longer in service!

anything obs I'm missing?

[MIKE770]

Re: lowell Portfolio 1 ltd v Danny Butts

• Claim responses & directions: ccbcaq@hmcts.gsi.gov.uk
• send now to this address

[charitynjw]

Re: lowell Portfolio 1 ltd v Danny Butts

If you do email, put 'Lowell Portfolio 1 ltd v (Danny Butts) Claim No. (XXXXXXXX)' in the subject box

[Danny Butts]

Re: lowell Portfolio 1 ltd v Danny Butts

thanks for that guys,

I emailed last night so the defence is in.

Now I've got all my ducks in a row, I've noticed some shenanigans from Lowells that I'll post up nearer WS stage.

I dont know what was happening with MCOL but while I was trying to reset my P/word I got the error message

"some information is formatted incorrectly"

weird.

[Danny Butts]

Re: lowell Portfolio 1 ltd v Danny Butts

I've emailed my defense in yesterday so I know its submitted. Taken screen grabs of the problems I've had logging into my MCOL account if theres an argument over it.

However, I got a "Notice of Pending County Court Judgment" [their capitalization] from Lowells this morning dated 13/12/16.

"if you do not contact us or respond to the claim, we will ask the court to enter a CCJ against you after 23/12/16."

Is this Lowells routine practice or have they screwed up and needed to issue this because they didnt before approaching the court the first time?

EDIT:

I have discovered from a search that its a Lowell intimidation tactic.

In fact , if you pop "Notice of Pending County Court Judgement" into google , the only results returned are connected to Lowell.

They are so cute with the capitalisation and everything <3