**WON** Lowell Solicitors VS Mik3y

[mik3y]

Re: Lowell Solicitors VS Mik3y

I really can't thank you enough for all your time Charity.
I shall post back when I've had any correspondence.

[mik3y]

Re: Lowell Solicitors VS Mik3y

I tried to log into my claim online today and it simply won't let me it keeps saying claim number or password wrong. I've tried like 30 times what can I do about this seems a little weird.

[mik3y]

Re: Lowell Solicitors VS Mik3y

Just got home from work and received a letter from Lowell's it reads

Thank you for your recent correspondence

Please be advised that your account 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 and default notice.
Please note legal proceedings have been issued against you and you should response to any court documentation sent to you.

-----------

Charity or anyone else can you confirm this is incorrect. Am I entitled to see these documents under the CPR rule.
I don't understand why they are sending this in regards to the CCA 1974 as I have not submitted a CCA request. I have submitted my defence via email. Lowell's said that they would send me the default notice as they have requested it from Vodafone and now have said they won't. They fabricated the NOA and now I fear they will do this with default and agreement.

[mik3y]

Re: Lowell Solicitors VS Mik3y

Just got home from work and received a letter from Lowell's it reads

Thank you for your recent correspondence

Please be advised that your account 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 and default notice.
Please note legal proceedings have been issued against you and you should response to any court documentation sent to you.

-----------

Charity or anyone else can you confirm this is incorrect. Am I entitled to see these documents under the CPR rule.
I don't understand why they are sending this in regards to the CCA 1974 as I have not submitted a CCA request. I have submitted my defence via email. Lowell's said that they would send me the default notice as they have requested it from Vodafone and now have said they won't. They fabricated the NOA and now I fear they will do this with default and agreement.

Do i send the claimant a response to this letter reminding the claimant the claim has not yet been allocated to any track or leave it alone as no CCA was submitted.

[charitynjw]

Re: Lowell Solicitors VS Mik3y

Just got home from work and received a letter from Lowell's it reads

Thank you for your recent correspondence

Please be advised that your account 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 and default notice.
Please note legal proceedings have been issued against you and you should response to any court documentation sent to you.

-----------

Charity or anyone else can you confirm this is incorrect. Am I entitled to see these documents under the CPR rule.
I don't understand why they are sending this in regards to the CCA 1974 as I have not submitted a CCA request. I have submitted my defence via email. Lowell's said that they would send me the default notice as they have requested it from Vodafone and now have said they won't. They fabricated the NOA and now I fear they will do this with default and agreement.

Responding to your PM, mik3y.

This isn't the first time that they have confused a CPR request with a CCA request.
It appears to be a standard template letter, & if so, they are wrong
Some mobile phone accounts were/are regulated; not many, but they do exist.

You haven't made a CCA request, only a CPR request. A CPR request made prior to case allocation is a valid request. (After the claim is allocated to Small Claims track, CPR 31 can't be used).
Their failure to disclose early via your request can be highlighted in court.
As can the fact that they are clearly less than diligent in their careful attention to your case.

CPR 31.14 ( https://www.justice.gov.uk/courts/pr...s/part31#31.14 )
Documents referred to in statements of case etc.

31.14
(1) A party may inspect a document mentioned in –
(a) a statement of case;
(b) a witness statement;

[charitynjw]

Re: Lowell Solicitors VS Mik3y

Do i send the claimant a response to this letter reminding the claimant the claim has not yet been allocated to any track or leave it alone as no CCA was submitted.

If it were me, I certainly wouldn't be showing where they've gone wrong. Let them hang themselves with their own petard.

[mik3y]

Re: Lowell Solicitors VS Mik3y

Thank you Charity, I came home rather stressed after reading this letter.
I believe I pointed out in my defence that I was entitled to see these documents.
Do I now leave it or throw a letter at lowells reminding them of the CPR request and that it hasn't been allocated to a track.

- - - Updated - - -

OK thank you again

[mik3y]

Re: Lowell Solicitors VS Mik3y

Update
The case was assigned to small claims track at a court of my choosing.
Letter received from the county court dated 10th February reads as follows
IT IS ordered that
1, The claim is stayed
2. unless by 16.00 on the 28th FEB 2017 the claimant files in court and serves on the defendant the particulars required by CPR16 PD 7.3 or 7.4 or 7.5 together with the date on which the default noticed was served., the claim will stand struck out with no order for costs.
3. If the claimant complies with paragraph 2 of this order, the defendant may withing 14 days of reciept of the particulars, file in court and serve on the claimant a further statements of defence.

I waited to see if anything would be provided.

Today I received a letter from Lowell's

Particulars of Claim

1. The claimant is a company that specialises in credit management services.
2. The defendant entered into an agreement with Vodafone Ltd on xxxxxxxx , in connection with phone number xxxxxx. Under the Agreement the defendant would provide telephone services and in return the defendant would make the payment (the "Agreement").
3. The defendant failed to maintain payments under the Agreement and a default was entered on xxxxxxxxxx, the default notice is not available.
4. As this is a telecommunications Agreement this is not regulated by the consumer credit act 1974 and therefore a default notice is not available.
5. The last payment made by the defendant was the sum of 54.99 paid on the xxxxxxx.
6. The debt was assigned to the claimant on xxxxxxxx in accordance with section 136 of the law and Property act 1925 and a letter was sent to the defendant informing them of this. A copy is attached.
7. As a result of the breach referred to in paragraph 3 above, the claimant suffered loss and the sum of xxxxxxx remains outstanding.
AND THE CLAIMANT CLAIMS
The said sum of xxxxxxxxxx
Interest puruant to section 69 county court act 1984 at the rate of 8 percent per annum from the date of assignment to the date of issue of the claim, but limited to one year, being xxxxxxxx
and
costs of 80.00
fees of 70.00

Whats my next move please it would seem Lowell do not have the paperwork to back up there claim. They cannot even prove that the debt exists to the defendant or the court on demand. Do I reply or leave it in the Judges hands to struck this case out or are there particulars valid. It seems to me if they can't provide this paperwork how can claim for a CCJ without proof of the defendants ownership.
Any help would be appreciated guys thanks

[charitynjw]

Re: Lowell Solicitors VS Mik3y

Have they paid to have the stay lifted?
You can phone the court to check.

[mik3y]

Re: Lowell Solicitors VS Mik3y

Do not know and wasn't aware they had to pay I will ring the court later this afternoon and find out and report back thanks Charity.

[mik3y]

Re: Lowell Solicitors VS Mik3y

@charitynjw

I have called the County court this afternoon and have been advised they have not processed any paperwork from Lowell's yet regarding the case.
The Court representative I spoke to said if they received the paperwork before the deadline date that due to the Judges orders the case would automatically become unstayed with no application or fee involved.
Not sure what to do yet regarding this any help and advice would be great.
It would seem Lowell are going on the grounds that this is a verbal contract.
How can I build a defence with so little paperwork.
Is it worth stating in a defence
1. that I unfairly can't build an appropriate defence without the relevant paperwork.
2. asking for a breakdown of the fees owed such as early termination fee, calls and charges
3. What was the monthly amount
4. The contract terms of which this alleged debt was over
5. the letter of assignment is not on headed paperwork from Vodafone and proves nothing nor is it signed.
6. they say my last payment was made on xxxxxx of xxx can I ask for proof of this payment and bank account details it was paid from.
7. if a true notice of assignment why is it missing a breakdown of fees etc.
8. what agreement terms have been broken
9. any insurance on the breakdown.


Just found this on the vodafone website which states pre April 1st 2015 was indeed regulated under the CCA as a hire agreement

http://www.vodafone.co.uk/terms-and-...-1-april-2015/

Also the reason why the amount is so high is because the contract was taken out with a free gift which may or may not come under these terms. Can I use this to my advantage.

[charitynjw]

Re: Lowell Solicitors VS Mik3y

Hi mik3y

Did you receive anything else with that recent letter from Lowells?

[mik3y]

Re: Lowell Solicitors VS Mik3y

They also sent the notice of assignment.
Which they've already sent in previous correspondence.

[charitynjw]

Re: Lowell Solicitors VS Mik3y

2. unless by 16.00 on the 28th FEB 2017 the claimant files in court and serves on the defendant the particulars required by CPR16 PD 7.3 or 7.4 or 7.5 together with the date on which the default noticed was served., the claim will stand struck out with no order for costs.

7.3 Where a claim is based upon a written agreement:
(1) a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing, and
(2) any general conditions of sale incorporated in the contract should also be attached (but where the contract is or the documents constituting the agreement are bulky this practice direction is complied with by attaching or serving only the relevant parts of the contract or documents).
http://www.justice.gov.uk/courts/pro...rt16/pd_part16

[mik3y]

Re: Lowell Solicitors VS Mik3y

Thanks for the reply Charitynjw it's appreciated. I did check over this before but wasn't certain if lowell were trying to say it was 7.4 or 7.5 regarding oral contract. Is this not the case ?
Do you think I should keep calling the court to see if the judge has unstayed the claim from day to day.