***DISCONTINUED** CCJ sent from Lowell Solicitors Limited

[gaz1525]

HI all, Thanks in advance,
I received a threat from Lowell solicitors regarding an old mobile phone contract stating that I owed £510 and that if i did not pay within 14 days they would issue a CCJ.
I rang them up to get further information and dispute this as it stated that the outstanding balance was £86 on the account and a cancellation fee of around £400. (they said the last payment was in July 2011, if i remember correctly) i asked them for a copy of the agreement as this did not sound right at all as a cancellation of a mobile phone contract is usually the outstanding balance plus one months contract payment and usually a £15 admin fee! they point blankly refused saying that they don't have to as its not covered under consumer credit agreement! Fine then! i rang the CAB and they said to leave it and wait to see if they send me a CCJ then fight it.
They have now sent me a CCJ,

1)The defendant entered into an agreement with Three Mobile under account xxxxxxxxxx ('the agreement')
2)the defendant failed to maintain the required payments and the service was terminated
3) the agreement was later assigned to the claimant on 23/12/2014 and notice given to the claimant
4) despite repeated requests the sum of £510.36 remains due and outstanding
And the claimant claims
a) said sum of £510.36
b) interest pursuant to s69 ..... £40.83
c) costs

Any advice on how to defend and what i need to do to defend the case?
Thanks
Gaz

[gaz1525]

Re: CCJ sent from Lowell Solicitors Limited, Help needed please!

Hi all,
I have aknowledged service through MCOL and stated that i intend to defend in full, i have also checked my notes and the company did say the last payment made was in july 2011, secondly this contract is not on my credit report on the default from lowell, would this mean that the debt is over 6 years old?
How do i know obtain copies of the documents that lowell have stated in their claim form?
Many Thanks

[MIKE770]

Re: CCJ sent from Lowell Solicitors Limited, Help needed please!

CPR 31.14 Request Letter

- - - Updated - - -

First Steps

[gaz1525]

Re: CCJ sent from Lowell Solicitors Limited, Help needed please!

Thanks for the reply Mike770, do delete the CCA request as it is a phone contract?
thanks

[warwick65]

Re: CCJ sent from Lowell Solicitors Limited, Help needed please!

Hi what is the date of the claim form?

Do you know the exact date of last payment ?

You say about what the notice on a phone is but if you were within the initial contract period you would be expected to pay the full contract fees . Also if you missed the payment there is always a months notice but it seems they have added the whole contract in

[gaz1525]

Re: CCJ sent from Lowell Solicitors Limited, Help needed please!

Hi warwick65,
thanks for the reply, the issue date is 12/07/17. i don't know the exact date of my last payment they said it was in July 2011 but gave no specifics and I've had two different banks since then so unable to chase when it was. if i remember correctly i had the contract for over 12 months.

- - - Updated - - -

19/07/2017

Lowell Portfolio Ltd
Ellington House
9 Savannah Way
Leeds
West Yorkshire
LS10 1AB


Dear Sirs,

Claim Number: xxxxxxx
Request for documents mentioned in a statement of case under CPR 31.14

On 14/06/2017 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 on 14/08/2017.
1. The Agreement with Three Mobile account reference xxxxxxxxx
2. Notification of Assignment to the claimant on 23/12/2014

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 must 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,19/07/2017.
I look forward to hearing from you.
Yours sincerely


is that correct? and is that sent to the solicitor or Lowells?
Thanks

[warwick65]

Re: CCJ sent from Lowell Solicitors Limited, Help needed please!

Hi warwick65,
thanks for the reply, the issue date is 12/07/17. i don't know the exact date of my last payment they said it was in July 2011 but gave no specifics and I've had two different banks since then so unable to chase when it was. if i remember correctly i had the contract for over 12 months.

- - - Updated - - -

19/07/2017

Lowell Portfolio Ltd
Ellington House
9 Savannah Way
Leeds
West Yorkshire
LS10 1AB


Dear Sirs,

Claim Number: xxxxxxx
Request for documents mentioned in a statement of case under CPR 31.14

On 14/06/2017 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 on 14/08/2017.
1. The Agreement with Three Mobile account reference xxxxxxxxx
2. Notification of Assignment to the claimant on 23/12/2014

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 must 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,19/07/2017.
I look forward to hearing from you.
Yours sincerely


is that correct? and is that sent to the solicitor or Lowells?
Thanks

Looks ok to me but it goes to the solicitors not Lowell and I would add Deed of assignment or maybe rephrase it to say the assignment and the notice of assignment because they mentioned both in the POC



You send it to the solicitors

You could send a SAR to Three which will show all payments but that costs £10 and takes 40 days, . Not enough time for your defence unless you get an extension but would be intime for a WS

If you do plead SB in your defence I am sure they will give a reason why you can't

[gaz1525]

Re: CCJ sent from Lowell Solicitors Limited, Help needed please!

Thanks, should i request a copy of account statements from lowell, to see if they have the date last paid on?
cheers

[gaz1525]

Re: CCJ sent from Lowell Solicitors Limited, Help needed please!

I have now sent off the cpr31.14 to solicitors along with a copy of the ccca request to lowell Ltd, I have also sent off a cca request with£1 postal order to lowell Ltd, both recorded delivery. What should I be doing now whilst waiting for a reply?
Thanks

[warwick65]

Re: CCJ sent from Lowell Solicitors Limited, Help needed please!

I thought you weren't going to send the cca request because it was a mobile contract

Depends how deep you want to go, you could SAR three to get details they hold such as when the contract was taken out what the term was , when the last payment was received etc


Remember you are now in the courts timetable, I assume you have acknowledged the claim?

What was the date on the claim- in post 6 you say 12/7 but the date in the letter os different

If it was 12/7 you have until 31st to acknowledge it and 14th August to enter your defence

[gaz1525]

Re: CCJ sent from Lowell Solicitors Limited, Help needed please!

The issue date was the 12/07/2017, I acknowledged the claim through mcol yesterday, I put in the letter received date of 14th as that's when I received the claim. I've requested CCA as it may fall under that as a phone was supplied aswel.
Thanks

[warwick65]

Re: CCJ sent from Lowell Solicitors Limited, Help needed please!

The issue date was the 12/07/2017, I acknowledged the claim through mcol yesterday, I put in the letter received date of 14th as that's when I received the claim. I've requested CCA as it may fall under that as a phone was supplied aswel.
Thanks

Hi
they can only say no

For reference you letter says JUNE not JULYi.e 06 not 07

[gaz1525]

Re: CCJ sent from Lowell Solicitors Limited, Help needed please!

Can't believe I missed that! it won't cause any issues I hope?
Cheers

[gaz1525]

Re: CCJ sent from Lowell Solicitors Limited, Help needed please!

Hi all,
I have received a letter back from lowell solicitors today which says;

Please find enclosed The Notice Of Assignment

We can confirm that the regional creditor on the account is Three Mobile. This agreement was taken out on the 27th October 2011

As this is a telecommunication account it is not regulated by the CCA 1974 therefore the original creditor is not obliged to provide you with a copy of the agreement or Default Notice. Inserting the sim card and usage of the equipment is taken as acceptance of the terms and conditions of the contract.

We have requested a copy of the statements on the account and will forward these to you upon receipt.

The deed of assignment will not be sent to you as it is a confidential agreement between our client and the original creditor containing information which you are not entitled to see. No other agreement/deed of notification exists between you and our client

we note you have returned the acknowledgement of service in regards to the claim. this provides 28 days from the service date of the claim, in this case being 17th july 2017 for you to file your response.

Your account has been put on hold and no further action will be taken until the statements have been received.

What do i do know?
Thanks!

[warwick65]

Re: CCJ sent from Lowell Solicitors Limited, Help needed please!

Hi

I am guessing you did not ask for the deed of assignment or novation or anything else.

Did the letter actually include a copy of the NOA?

Do not believe anything about the account being put on hold

If it were me I would send a part 18 request for:
a copy of the deed of assignment
The date the account was terminated


Did you send a SAR to three?