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Over the past 8 years I’ve been receiving letters for Lowells demanding money on behalf of T-Mobile which has since changed to EE Limited. The letters would come through to my previous address where I lived in 2010 for 3 years, then in the last 2/3 years I started to get the letters again to my current address where I moved in 2013.
I've just been on holiday and just come back today (20th June 2017) to a Claim Form from the County Court Business Centre in Northampton (attached) and I wanted to know what steps to take. Below is come info and dates around the claim.
Issue Date: 14th June
Amount approx: £350 plus court fees
Claimant: Solicitor: Lowell Solicitors
Original Creditor: EE Limited (Formerly T-Mobile)
Particulars of Claim: I’m not entirely sure what this claim relates to, I’ve had T mobile accounts in the past (over 8-9 years ago) all which were closed correctly by giving notice to the company and final bills being paid. I had one account for my sister and this is the only one I can think off. I haven’t got any details of these on my credit file and have a clean history so assumed the letters from Lowell’s was a con and ignored them. I think the last payment or bill I would have made to T-Mobile would have been over 7 years ago, as I have not had a contract with them since my daughter was born.
I know I have to move quickly as I have lost a week due to being on holiday and I want to avoid getting a CCJ.
I have complete a CRP which I will send tomorrow with a £1 postal order , but I wanted to check if there’s anything else I need to do along with this. Below is my CRP, I wasn’t sure what to put in the bits highlighted in orange. Also the claimant is Lowell Portfolio I Ltd, do a send this to them and their solicitor which is Lowell Solicitors Limited
Lowell Portfolio I Ltd
Ellington House
9 Savannah Way
Leeds
West Yorkshire
LS10 1AB
Dear Sirs,
Claim Number: XXXXXXXXXXx
Request for documents mentioned in a statement of case under CPR 31.14
On 20/06/2017 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 onXX XXXX 201X.
NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM - eg. IF THEY DON'T MENTION ' DEFAULT NOTICE' YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT - ask for the CONTRACT...IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!)
for EXAMPLE
1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand
In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
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 with the statutory fee of £1 today, XX XXXX 201X.
I look forward to hearing from you.
Yours sincerely
Any Help is greatly appreciated
I've just been on holiday and just come back today (20th June 2017) to a Claim Form from the County Court Business Centre in Northampton (attached) and I wanted to know what steps to take. Below is come info and dates around the claim.
Issue Date: 14th June
Amount approx: £350 plus court fees
Claimant: Solicitor: Lowell Solicitors
Original Creditor: EE Limited (Formerly T-Mobile)
Particulars of Claim: I’m not entirely sure what this claim relates to, I’ve had T mobile accounts in the past (over 8-9 years ago) all which were closed correctly by giving notice to the company and final bills being paid. I had one account for my sister and this is the only one I can think off. I haven’t got any details of these on my credit file and have a clean history so assumed the letters from Lowell’s was a con and ignored them. I think the last payment or bill I would have made to T-Mobile would have been over 7 years ago, as I have not had a contract with them since my daughter was born.
I know I have to move quickly as I have lost a week due to being on holiday and I want to avoid getting a CCJ.
I have complete a CRP which I will send tomorrow with a £1 postal order , but I wanted to check if there’s anything else I need to do along with this. Below is my CRP, I wasn’t sure what to put in the bits highlighted in orange. Also the claimant is Lowell Portfolio I Ltd, do a send this to them and their solicitor which is Lowell Solicitors Limited
Lowell Portfolio I Ltd
Ellington House
9 Savannah Way
Leeds
West Yorkshire
LS10 1AB
Dear Sirs,
Claim Number: XXXXXXXXXXx
Request for documents mentioned in a statement of case under CPR 31.14
On 20/06/2017 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 onXX XXXX 201X.
NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM - eg. IF THEY DON'T MENTION ' DEFAULT NOTICE' YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT - ask for the CONTRACT...IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!)
for EXAMPLE
1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand
In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
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 with the statutory fee of £1 today, XX XXXX 201X.
I look forward to hearing from you.
Yours sincerely
Any Help is greatly appreciated
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