**WON** Lowell Solicitors VS Mik3y

[mik3y]

Re: Lowell Solicitors VS Mik3y

I have now received a letter back from Lowells regarding my last later stating that they forgot to add the Notice Of Assignment.
Lowell have replied with what they say is the NOA.
I have added the received letters as attachments below.
The NOA doesn't seem correct as I have the originals in my possession.
I maybe reading too much into this but the dates on the NOA they sent me to the compared to the original are slightly different also there is some information regarding the breakdown missing on there NOA. I will post the original NOA in a separate post below not to confuse anyone and if needs be ill type them out if it helps.
When Vodafone sent me the NOA there was no attached letter with it from Lowell either it was just on it's own.
Lowell have added a letter to there NOA which I never received.
I have to start my defense soon so all the help I can get would be greatly appreciated on this.
I have not received much from Lowell only there attempt at the NOA.
This is what I asked for....
1. Agreement
2. Default Notice
3. Assignment

Am i entitled to see the agreement. Lowell have stated in a previous letter that because it's a telecommunications account I cannot request it under the CPR. Please see above posts for the reply.
No default has been received yet, they replied that they were requesting it.
The NOA seems like it has been made from previous template and is certainly not all word for word can they do this.
Many thanks
please see below post for the original letters I have.

- - - Updated - - -

Here are the original letters I have.
I could not add the originals in a separate post but the Vodafone and the official blue lowell letter are the originals.

[mik3y]

Re: Lowell Solicitors VS Mik3y

Any help with this guys if I'm correct I have till the 21st December to add my Defence. I'm assuming it 28 days from the date I acknowledge the claim online.
Thanks

[mik3y]

Re: Lowell Solicitors VS Mik3y

Just noticed you can't see the attachments in mobile view if you select desktop view you can see them if it's helps
Many thanks

[charitynjw]

Re: Lowell Solicitors VS Mik3y

Any help with this guys if I'm correct I have till the 21st December to add my Defence. I'm assuming it 28 days from the date I acknowledge the claim online.
Thanks

28 days from service of the court claim form. (Unless the Claimant has agreed to an extension).
'Service' is deemed to be 5 days from the court claim issue date.

[mik3y]

Re: Lowell Solicitors VS Mik3y

Hi Charity perhaps you could answer my above questions on the NOA.
Thanks for the reply

[charitynjw]

Re: Lowell Solicitors VS Mik3y

Hi mik3y

The problem as I see it is that the only way you can show their NoA is concocted is by producing the original, & by doing so, you shoot yourself in the foot.

[mik3y]

Re: Lowell Solicitors VS Mik3y

I see your point Charity.
Either way they have this info to show in court so would it not be a good idea to mention that it's fabricated against the original or perhaps write to lowells mentioning this and calling their bluff.
Any help on the start of my defense would be muchly appreciated.
Especially the fact they haven't provided me with the agreement under the CPR rules due to there mistake and of course the default notice.
Or am I fighting a already lost battle
Regards Mike

[charitynjw]

Re: Lowell Solicitors VS Mik3y

Or am I fighting a already lost battle

Not at all, mik3y

Lowells might be able to show that you had an agreement with Vodafone, but they need to show exactly what the agreement was.
They have to be able to identify the exact type of agreement from the plethora of different ones that Vodafone have offered, & the T&C's relevant to that agreement.
For instance, it would seem that Vodafone do agreements which are regulated via the Consumer Credit Act.
http://www.vodafone.co.uk/about-this...edit-checking/
So the solicitors have not been entirely accurate in stating that mobile 'phone agreements are not regulated.

[mik3y]

Re: Lowell Solicitors VS Mik3y

Thanks again for your speedy reply Charity.
How is best to state my defence.
Something like this....

1. Under the rules of the CPR 31.14 you were requested to provide the Defendant with a true copy of the Agreement to enable the Defendant to file his defence. The claimant then replied to this request "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." xxxxxxxxxxxxxxxxxxxxxxx
2. Under the rules of the CPR 31.14 you were requested to provide the Defendant with a true copy of the Default Notice to enable the Defendant to file his defence. The claimant then replied to this request "We have requested that the original creditor provide us with a copy of the default notice." The defendant has received no such Default Notice from Lowell's Solicitors making it unfair for the defendant to file his defence.

3. The claimaint has provided no such evidence to show that they own said Debt to the defendant.


Not quite sure how to word the reply under section 1. Any help would be appreciated sorry to ask but this is not my forte.

[charitynjw]

Re: Lowell Solicitors VS Mik3y

It would probably be better to use the site template, tweaking it to suit.
http://legalbeagles.info/forums/show...t-Court-Claims

[mik3y]

Re: Lowell Solicitors VS Mik3y

Thanks Charity for the link.
I will get this drafted up and post on here. If I miss anything please do tell me.
Your time is appreciated very much

[mik3y]

Re: Lowell Solicitors VS Mik3y

Here is my amended defence please feel free to correct me if I have missed any valid points/errors.
Do I send this via post or can I submit this online.
Regards Mike





1: I received the claim xxxxxxx from the Northampton County Court on 24th November 2016.

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be for a Telecomunication agreement regulated under the Consumer Credit Act 1974.

4: [It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The particulars of claim fail to state what type of agreement was entered into and the T&C's relevant to that agreement.

6. The Claimants statement of case states that the account was assigned from Vodafone to Lowell's on 30th March 2015. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Vodafone served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On the 25th November 2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Lowell's Solicitor. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment .

9. Lowell' Solicitor has only sent their version of the Notice of Assignment which is a fabrication and has never been received prior by the defendant. There is no breakdown of the charges included in their version of the Notice of Assignment. None of the other requests has been served to the defendant at this point despite requesting It under the Civil Procedure Rule 31.14.

10. On the 25th November 2016 I sent a formal request for a copy of the original agreement to Lowell pursuant to the Civil Procedure Rule 31.14.
10a. Lowell Solicitor replied in a letter dating 12th December 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. The defendant cannot mount his defense without knowledge of the type of agreement under the Civil Procedure Rule 31.14 the defendant is well within his rights to request a copy of the agreement.

11. The Claimant has failed to comply with the Civil Procedure Rule 31.14.

12. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed. Including a breakdown of charges.

13. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

14. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .................................................. ....

[charitynjw]

Re: Lowell Solicitors VS Mik3y

Here is my amended defence please feel free to correct me if I have missed any valid points/errors.
Do I send this via post or can I submit this online.
Regards Mike





1: I received the claim xxxxxxx from the Northampton County Court on 24th November 2016.

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be for a Telecomunication agreement regulated under the Consumer Credit Act 1974.
Does it?

4: [It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The particulars of claim fail to state what type of agreement was entered into and the T&C's relevant to that agreement.

6. The Claimants statement of case states that the account was assigned from Vodafone to Lowell's on 30th March 2015. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Vodafone served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On the 25th November 2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Lowell's Solicitor. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment .

9. Lowell' Solicitor has only sent their version of the Notice of Assignment which is a fabrication and has never been received prior by the defendant. There is no breakdown of the charges included in their version of the Notice of Assignment. None of the other requests has been served to the defendant at this point despite requesting It under the Civil Procedure Rule 31.14.

10. On the 25th November 2016 I sent a formal request for a copy of the original agreement to Lowell pursuant to the Civil Procedure Rule 31.14.
10a. Lowell Solicitor replied in a letter dating 12th December 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. The defendant cannot mount his defense without knowledge of the type of agreement under the Civil Procedure Rule 31.14 the defendant is well within his rights to request a copy of the agreement.

11. The Claimant has failed to comply with the Civil Procedure Rule 31.14.

12. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed. Including a breakdown of charges.

13. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

14. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .................................................. ....

####

[mik3y]

Re: Lowell Solicitors VS Mik3y

Thanks Charity I will amend and file my defence tomorrow.
Can i file this online or is it better to send it to the court via post.

[charitynjw]

Re: Lowell Solicitors VS Mik3y

Thanks Charity I will amend and file my defence tomorrow.
Can i file this online or is it better to send it to the court via post.

Online should be fine.
You can also send it via email, as an attachment, to ccbcaq@hmcts.gsi.gov.uk
Lowells v mik3y, Claim no. XXXXXXXX in the subject box.
Print & then sign statement of truth.

Head it
Lowells (Claimant) v mik3y (Defendant)
Court Claim No. XXXXXXXX

Defence.

ie