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Hi,
I received a claim form letter on the 27th April 2017 dated 26th April 2017 from NORTHAMPTON COUNTY COURT BUSINESS CENTRE. Looks like a photocopy and is signed in print (not handwriting)
Claimant is: LOWELL PORTFOLIO I LTD
Underneath It says 'address for sending documents and payments:"
LOWELL SOLICITORS LIMITED
Particulars of claim:
1) The defendant entered into an agreement with Orange under account reference XXXXXXXXX ('the agreement').
2) The Defendant failed to maintain the required payments and the services was terminated.
3) The Agreement was later assigned to the Claimant on 27/08/2014 and notice given to the Defendant.
4) Despite repeated requests for payment, the sum of £597.61 remains due and outstanding.
And the Claimant claims
a) The said sum of £597.61
b) Interest pursuant to s69 per annum from the date of assignment to the date of issue, accuring at a daily rate of £0.131, but limited to one year, being £47.81
c) Costs
Signed: LOWELL SOLICITORS LIMITED
Amount claimed: £645.42
Court fee: £60.00
Legal representative's costs: £70.00
Total amount: £775.42
Comes with a N9A response pack.
I took out a mobile phone contract online with Orange (I think around 5 years ago). I was younger and stupid back then. Anyway I received the phone and used it, I didn't use the sim it came with it i just used the handset as an ipod as you might say. I lost my part time job and was over 25 days into my contract so I decided not to pay and just let it slip my mind.
I have had letters from various debt companies before and thrown them away until this claim form came from the courts.
So what I plan to do after reading many of the related threads on this forum is the following:
1) Aknowledge the Claim
2) Send CPR 18 off tomorrow recorded delivery
3) Start typing up a defence
4) Wait until around the 18th May 2017 (22 days after the issue date) for a typical reply from Lowell.
5) Send my defence online or post saying Lowell haven'the complied with my requests etc
And then what?
My questions now are..
Do I send the CPR to Lowell solicitors or the 'portfolio' address? And is the 'case number' on my CPR letter the 'Claim number' on the letter I received?
I will post underneath my CPR 18, I will be sending it to them tomorrow. Does this look OK?
Do I send a CCA also? I heard there is no point as they don'the have to prove a CCA if it's a mobile phone contract?
I'm new to the forum and could do with some help, any at all?
Thankyou in advance.
- - - Updated - - -
My address and theirs....
Dear Sirs,
Re: LOWELL SOLICITORS LIMITED v MYNAME Case No: XXXXXXXX
CPR18 Request for further information.
On the 27 April 2017, I received the Claim Form in this case issued by you out of the Northampton County Court.
I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your entire claim.
Please treat this letter as my request made under CPR18 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim and is made by way of Service upon You:
1.The agreement/contract, including the specific Terms at the point the alleged Agreement was made and any subsequent changes. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the originals should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
2.The deed of assignment
3.The notice of assignment
4.The default warning letter
5.The default notice
6. I deny any indebtedness to the Claimant but particularly deny they are due statutory interest on the alleged amount of £645.42 and as such I request full disclosure of the amount the Claimant alleges to have paid for this alleged debt.
7. Also, your Particulars of Claim state the action is brought for Breach of Agreement, yet you have failed to identify the specific Statutory Instrument you have commenced proceedings under. Therefore, I would be request details of the Statutory Instrument under which you have brought proceedings.
You should ensure compliance with your CPR 18 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Failure to produce each and every document referenced within the Particulars of Claim (detailed above) will result in an Application to the Court for an Order of Disclosure.
Your CPR 18 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy.
Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.
Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any versions to include an obligation to recover and preserve such versions, which are now in the possession of a third party.
I request under Civil Procedure Rule 39A (3.3) any documents upon which the claimant intends to rely are brought to any subsequent hearing for examination
If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.
If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.
Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.
Yours faithfully
Signed.....
Dated......
Could you tell me if this all looks OK before I send I off please?
Thankyou
I received a claim form letter on the 27th April 2017 dated 26th April 2017 from NORTHAMPTON COUNTY COURT BUSINESS CENTRE. Looks like a photocopy and is signed in print (not handwriting)
Claimant is: LOWELL PORTFOLIO I LTD
Underneath It says 'address for sending documents and payments:"
LOWELL SOLICITORS LIMITED
Particulars of claim:
1) The defendant entered into an agreement with Orange under account reference XXXXXXXXX ('the agreement').
2) The Defendant failed to maintain the required payments and the services was terminated.
3) The Agreement was later assigned to the Claimant on 27/08/2014 and notice given to the Defendant.
4) Despite repeated requests for payment, the sum of £597.61 remains due and outstanding.
And the Claimant claims
a) The said sum of £597.61
b) Interest pursuant to s69 per annum from the date of assignment to the date of issue, accuring at a daily rate of £0.131, but limited to one year, being £47.81
c) Costs
Signed: LOWELL SOLICITORS LIMITED
Amount claimed: £645.42
Court fee: £60.00
Legal representative's costs: £70.00
Total amount: £775.42
Comes with a N9A response pack.
I took out a mobile phone contract online with Orange (I think around 5 years ago). I was younger and stupid back then. Anyway I received the phone and used it, I didn't use the sim it came with it i just used the handset as an ipod as you might say. I lost my part time job and was over 25 days into my contract so I decided not to pay and just let it slip my mind.
I have had letters from various debt companies before and thrown them away until this claim form came from the courts.
So what I plan to do after reading many of the related threads on this forum is the following:
1) Aknowledge the Claim
2) Send CPR 18 off tomorrow recorded delivery
3) Start typing up a defence
4) Wait until around the 18th May 2017 (22 days after the issue date) for a typical reply from Lowell.
5) Send my defence online or post saying Lowell haven'the complied with my requests etc
And then what?
My questions now are..
Do I send the CPR to Lowell solicitors or the 'portfolio' address? And is the 'case number' on my CPR letter the 'Claim number' on the letter I received?
I will post underneath my CPR 18, I will be sending it to them tomorrow. Does this look OK?
Do I send a CCA also? I heard there is no point as they don'the have to prove a CCA if it's a mobile phone contract?
I'm new to the forum and could do with some help, any at all?
Thankyou in advance.
- - - Updated - - -
My address and theirs....
Dear Sirs,
Re: LOWELL SOLICITORS LIMITED v MYNAME Case No: XXXXXXXX
CPR18 Request for further information.
On the 27 April 2017, I received the Claim Form in this case issued by you out of the Northampton County Court.
I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your entire claim.
Please treat this letter as my request made under CPR18 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim and is made by way of Service upon You:
1.The agreement/contract, including the specific Terms at the point the alleged Agreement was made and any subsequent changes. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the originals should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
2.The deed of assignment
3.The notice of assignment
4.The default warning letter
5.The default notice
6. I deny any indebtedness to the Claimant but particularly deny they are due statutory interest on the alleged amount of £645.42 and as such I request full disclosure of the amount the Claimant alleges to have paid for this alleged debt.
7. Also, your Particulars of Claim state the action is brought for Breach of Agreement, yet you have failed to identify the specific Statutory Instrument you have commenced proceedings under. Therefore, I would be request details of the Statutory Instrument under which you have brought proceedings.
You should ensure compliance with your CPR 18 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Failure to produce each and every document referenced within the Particulars of Claim (detailed above) will result in an Application to the Court for an Order of Disclosure.
Your CPR 18 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy.
Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.
Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any versions to include an obligation to recover and preserve such versions, which are now in the possession of a third party.
I request under Civil Procedure Rule 39A (3.3) any documents upon which the claimant intends to rely are brought to any subsequent hearing for examination
If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.
If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.
Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.
Yours faithfully
Signed.....
Dated......
Could you tell me if this all looks OK before I send I off please?
Thankyou
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