**WON** Lowell Solicitors VS Mik3y

[mik3y]

Re: Court papers received today from lowells any help please

OK thanks Nem the advice is very much appreciated.

[mik3y]

Lowell Solicitors VS Mik3y

Original thread http://legalbeagles.info/forums/show...553#post692553

Issue date. 21 Nov 2016

Date received. 24th Nov 2016

The Claimant is Lowell Portfolio I Ltd.

The solicitor is Lowell Solicitors Limited.

The original creditor is Vodafone.


The Particulars of the Claim:

1) The Defendant entered into an agreement with Vodafone under account reference xxxxxxx ('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 30/03/2015 and notice given to the Defendant.

4) Despite repeated requests for payment, the sum of £1,023.48 remains due and outstanding.

And the claimant

a) the said sum of £1,023.48

b) Interest pursuant 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 daily rate of £0.224, but limited to one year, being £81.88.
c) costs

The debt is not statute barred but I have had no contact with Lowells since they have owned the debt.
Last payment was made to Vodafone in 2014 that's all I can remember.

To cut a long story short i had a breakdown in a 10 year relationship and made some very dumb financial decisions.
Since this breakdown (3 years ago) I have been a single parent working part time.

I have acknowledged the claim form online and indicated intention to defend to buy me some more time.

I have now sent the CPR Request to the Claimant's Solicitor's via signed for tracked mail on the 25th Nov 2016 and they received it on the 29th Nov 2016.

Please read below for the CPR sent off.

Lowell Solicitors Limited
PO Box 1419
Northampton
NN21BU

Dear Sirs,

Claim Number: xxxxxxxx

Request for documents mentioned in a statement of case under CPR 31.14

On 23/11/2016 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 15th December 2016.
1. Agreement
2. Default Notice
3. Assignment

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client.

I look forward to hearing from you.

Yours sincerely

xxxxxxxxxxxxxx

Reply received 3rd December 2016.
Please read the reply below.

We can confirm receipt of your letter dated 24th November 2016.

The above debt relates to an agreement started with Vodafone on the 23rd November 2013. As this is a telecommunications account, it is not regulated by the consumer credit Act 1974. Our client is therefore under no obligation to provide you with a copy of the original agreement. We have requested that the original creditor provide us with a copy of the default notice and this will be forwarded to you upon receipt. A copy of the notice of assignment has been enclosed with this letter.
You should still respond to the claim form issued to you on the 21st November 2016. If you are admitting to the debt in full and would like to pay in installments, our team are available to complete an admission form with you over the phone. If you are responding in any other way, you should do so as directed by the form. Failure to respond to the claim within 14 days may result in a County Court Judgement being entered against you in default.

Just to mention there was NO notice of assignment added with this letter as instructed above all i received was this letter nothing else.
Please help guys time is running out for me. What is my next step as they have not provided me with any evidence I have requested. Regards Mik3y

[charitynjw]

Re: Lowell Solicitors VS Mik3y

Hi mik3y

Best to keep all the info on one thread.
I'll give our Kati a nudge; @Kati....could you do the honours, please?

In the meantime, they've responded to your CPR request, so that indicates that there has been no problem with the PO Box address.
Do you have historic details of this Vodafone account?
If not, it might be useful to SAR Vodafone.
http://legalbeagles.info/forums/show...ur-information
ICO Registration Number: Z1933885
Date Registered: 29 September 2009 Registration Expires: 28 September 2017
Data Controller: VODAFONE LIMITED
Address:

THE CONNECTION
NEWBURY
BERKSHIRE
RG14 2FN

Also, if it were me I'd fire off a reply to their (Lowell Sols) reply, advising them of the missing NoA.
Atm you have no proof that it wasn't enclosed.

[mik3y]

Re: Lowell Solicitors VS Mik3y

Thanks charitynjw. I will send them a letter tomorrow concerning the assignment.
I have a few issues do I need to request more time ?
They are refusing to send me the agreement can this be correct.
What's the point of issuing Lowells 7 days to reply with the evidence I'm asking for if they're not able to provide it within the time frame.
It's seems they have no paperwork to provide unless Vodafone come up with the paperwork.

[charitynjw]

Re: Lowell Solicitors VS Mik3y

Thanks charitynjw. I will send them a letter tomorrow concerning the assignment.
I have a few issues do I need to request more time ?
You've already done so in your CPR request; it would appear they have chosen to ignore the offer.
They are refusing to send me the agreement can this be correct.
You are quite within your rights to request this via CPR 31.
Their failure to do so can form part of your defence.
They will probably point to CPR 27, the rules for Small Claims Track. (CPR 31 doesn't apply in SCT).
However, as the case has not yet been allocated to track, they would be incorrect.
What's the point of issuing Lowells 7 days to reply with the evidence I'm asking for if they're not able to provide it within the time frame.
It's seems they have no paperwork to provide unless Vodafone come up with the paperwork.
They are probably relying on CPR 27 standard instructions & the fact that documentary evidence is normally exchanged 14 days before the actual court hearing. If it were me, I'd chase it after the 7 days, especially as the NoA copy hasn't been sent as advised in their recent letter.
Further failure on their part can be highlighted; all grist for the defence 'mill'.

####

[mik3y]

Re: Lowell Solicitors VS Mik3y

Thank you for your time and help Charitynjw.
When you say wait for the 7 days do you mean the 7 days I have given them to return the information I have requested, which will be on the 6th December as that's when it was signed for.
When I reply asking for the NOA should I request it being sent within another 7 days or just reply that I have not received the NOA.
Do I mention the agreement and that they are in breach of CPR 31 or stay quiet at this time.
The way I see It they have provided no proof that they even own this debt or am I wrong.
Regards Mike

[charitynjw]

Re: Lowell Solicitors VS Mik3y

Thank you for your time and help Charitynjw.
When you say wait for the 7 days do you mean the 7 days I have given them to return the information I have requested, which will be on the 6th December as that's when it was signed for.
You've stated above that they received your request on the 29th November.
If it were me I'd allow at least 7 clear days from then.
I wouldn't make too much fuss about the 'breach' of the 7 days; just say 'thanks for letter of (date), contents of which are noted'.
But do say that there wasn't an NoA enclosed with it.
When I reply asking for the NOA should I request it being sent within another 7 days or just reply that I have not received the NOA.
According to their letter, they imply that they have it in their possession.

A copy of the notice of assignment has been enclosed with this letter.

I would ask for it by return post.
Do I mention the agreement and that they are in breach of CPR 31 or stay quiet at this time.
You've already asked for it & have proof of postage; no need to keep repeating the request.
The way I see It they have provided no proof that they even own this debt or am I wrong.
Atm you are correct; but time will tell whether they can supply adequate proof.
But yes, the onus is on them to supply sufficient proof to show that, in the balance of probabilities, you are liable for the debt.
Regards Mike

For some reason they appear to be under the impression that you have submitted a CCA request (which, according to the info you posted, you have not), & they have responded incorrectly due to their mistake.
If it were me, I would not be highlighting the fact & thereby giving them the opportunity to correct it.

[mik3y]

Re: Lowell Solicitors VS Mik3y

My latest letter to Lowell Solicitors sent 07/12/2016 via recorded delivery

Dear Sirs,


Claim Number: xxxxxxx


Thank you for your reply received on the 3rd December 2016. The contents of which have been noted.
I would like to point out that I haven't received the Notice of Assignment.
Your last later dated the 30th November instructed that the Notice of Assignment was enclosed with it which it was not.



I look forward to hearing from you.


Yours sincerely

[MIKE770]

Re: Lowell Solicitors VS Mik3y

allowing them to correct their errors???????????????????????????????/

[mik3y]

Re: Lowell Solicitors VS Mik3y

Mike770 please explain the letter has not been sent yet.

[mik3y]

Re: Lowell Solicitors VS Mik3y

Should I take the request out and just point out it never came in there last correspondence?

[MIKE770]

Re: Lowell Solicitors VS Mik3y

the point I am making is :- do not let them correct their mistakes before a case, you will be giving them time to correct (possible) errors they make!

unless there is compelling circumstances, then desist, albeit if they have failed on a subject = their problem, not yours to point out to them there errors which can/will disadvantage you in any court case

[mik3y]

Re: Lowell Solicitors VS Mik3y

allowing them to correct their errors???????????????????????????????/

I understand that Mike but as Charity pointed out there is no proof to say I haven't received the NOA.
Will this not cause an issue for me if I don't have evidence to back up the fact I have not received it.
Regards Mike

[mik3y]

Re: Lowell Solicitors VS Mik3y

allowing them to correct their errors???????????????????????????????/

I have taken out the request in the letter and just simply stated that I did not receive the NOA. I will wait for a reply before I send it off if I should or not.

[MIKE770]

Re: Lowell Solicitors VS Mik3y

okay