**DISCONTINUED!** Claim Form Recieved, Questions!

[warwick65]

Re: Claim Form Recieved, Questions!

Hi
I think they are playing games with you in that you have 5 days for service which if the date was 14th would be 19th and then 28 days to file your defence.

As I said earlier you really could only ask for the notice of termination, the agreement and the notice and deed of assignment. they will not roll over and give the deed but you should include it in your defence so with luck the judge would order its disclosure

[m150984]

Re: Claim Form Recieved, Questions!

Thanks Warwick. So in my defence, should I state that i have requested those but Lo.ell have refused? Im a bit worried about what to put in my defence as i currently have no information still as to what this debt is for and how old it is

[warwick65]

Re: Claim Form Recieved, Questions!

Hi

Unless something appears i would be using one of the sample defences in the green box above and include something about it is denied the claimant has a right to bring a claim and is put to strict proof by providing a copy of the deed of assignment.

[m150984]

Re: Claim Form Recieved, Questions!

Hi Guys,

I need to do my defence over the next day or so, I’m still yet to receive anything back from EE in regards to the SAR, and Lowells have refused to give any information in regards to my CPR request. I have looked at the example template for my defence and I’m not sure what I should be including and removing from the example. Could anyone point me in the right direction as it seems to be aimed at people contesting a credit agreement. I know I haven’t made any payments or acknowledged this debt in the last 6 years, and as mentioned before this doesn’t show on my credit file, my credit score is currently excellent with no missed payments over the past 6 years

[warwick65]

Re: Claim Form Recieved, Questions!

When you say Lowell have refused to supply info what exactly do you mean?

Have they just ignored you or actually written and refused?
[MENTION=6]Amethyst[/MENTION] [MENTION=5553]charitynjw[/MENTION]

Sorry telecoms are not an area I know much about

[m150984]

Re: Claim Form Recieved, Questions!

Well in their letter back to me they said they cant share any information

[charitynjw]

Re: Claim Form Recieved, Questions!

Could you post up that letter? (Obscure personal info, ref no's etc)

[m150984]

Re: Claim Form Recieved, Questions!

Could you post up that letter? (Obscure personal info, ref no's etc)

Here we go

[charitynjw]

Re: Claim Form Recieved, Questions!

Ah

Ok, their usual 'robo-reply'.
I just wondered whether they had changed their tactics.
They haven't.......same old same old!

[m150984]

Re: Claim Form Recieved, Questions!

Ah

Ok, their usual 'robo-reply'.
I just wondered whether they had changed their tactics.
They haven't.......same old same old!

Any advice as to what i can add in my defence, i really need to get this done by monday i believe

[MIKE770]

Re: Claim Form Recieved, Questions!

Example Defence

[m150984]

Re: Claim Form Recieved, Questions!

Example Defence

Thanks Mike, do i keep everything as it is and add the names of myself and the claiment ?

[charitynjw]

Re: Claim Form Recieved, Questions!

Scrub any reference to the CCA (S87 Default Notice, CCA request etc), as you've already stated that it doesn't apply.

What have you asked for so far re disclosure? (CPR 31.14 or otherwise)

[m150984]

Re: Claim Form Recieved, Questions!

Scrub any reference to the CCA (S87 Default Notice, CCA request etc), as you've already stated that it doesn't apply.

What have you asked for so far re disclosure? (CPR 31.14 or otherwise)

Thanks, yes i have done a CPR and thats it, I requested a SAR from EE but that asnt come through yet

[charitynjw]

Re: Claim Form Recieved, Questions!

The SAR info is more for your own personal use (to compare with whatever might be disclosed by the Claimant/sols).