Lowell's Solicitors, Letter Of Claim, 3 mobile

[dipsydave]

only 5 months to go before it is statute barred anyway ;-)

[Amethyst]

The Welcome one, or this one ? If this one, it won't go statute barred now as a claim has been issued - unless it's discontinued ( then the clock picks up where it left off )

Was the Welcome one actually discontinued formally or did they just let it get stayed at the court?

[dipsydave]

so this is what I have drafted up. Good to go?

1.The Defendant received the claim XXX from the Northampton County Court Business Centre on 20^th September 2018 The defendant was commencing the process of moving house following the issue of an environmental health report rendering the property occupied at the time, ADD2 uninhabitable. The claimant Lowell Financial was attempting to contact the defendant at a previous address of ADD1 which had been vacated in February 2018 but then filed the case against the defend at ADD2 on receipt of a letter requesting the appropriate documentation relating to this case from the claimant. On receipt of the claim, the defendant identified their intent to defend all of the claim and registered the new address, ADDNOW as the address to which all correspondence relating to the case be sent.

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim is for an agreement regulated under the Consumer Credit Act 1974 between Three Mobile and the Defendant.

4: The Claimant has provided very little information with regards their claim or how the amount has arisen.

5: The Claimant has stated that the agreement was entered into on 26th March 2013. The Defendant disputes that she entered into a contract with Three Mobile on or around that date. The Claim is denied.

6: The Claimant has not provided any breakdown or details of how the sum claimed has been calculated or how it may have arisen. The Claimant is put to proof of how the sum claimed has arisen.

7:The Defendant has previously entered into an agreement with Three Mobile with regards a Mobile Phone airtime and data contract and provision of a handset. However the Defendant believes this was in 2011.

8. Due to the handset that arrived being faulty and subsequently being returned to Three Mobile, the agreement detailed in paragraph 7 was Terminated with no outstanding sums due shortly after entering into the agreement.

9. As this was over six years ago the Defendant doesn't retain any records relating to the agreement or cancellation thereof. The Defendant is uncertain whether the claim relates to that agreement without further details being provided.

10.Should the claim be based on the agreement outlined in paragraph 7 above the Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgement has been made for over 6 years.

11: The Defendant has sent a Subject Access Request to Three Mobile in order to try and find out further information. She has not yet received a response from Three Mobile.

12. The Defendant has not heard anything from Three Mobile, or any third party regarding any debt owed to Three Mobile, since the termination or cancellation took place in 2011, until the defendant received a Letter of Claim, dated 10^th August 2018 to the address ADD2. A previous Letter of Claim was sent to the defendant on 25^th June 2018 to address ADD1 which the defendant no longer occupied. It is therefore clear the claimant was unaware of the correct address to which to send mail to the defendant.

13. The Defendant responded in a letter dated 7^th September 2018 and requested more information from the Claimant under pre-action practice directions of the civil procedures rules, being :-
A) Confirmation whether the account has been sold on as an equitable assignment or an absolute assignment, along with a copy of the deeds, proof of the purchase and the amount paid.
B) A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. A copy of the actual executed agreement, including signature, is required.
C) All records held relevant to this case and a definitive list was given stating to include but not limited to documentation indicated in the letter.

14. The date of receipt of this letter and was signed for by a representative of Lowell was 15^th September 2018

15. The Claimant did not provide any information or any copies of documents to evidence or substantiate their claim but instead filed this case at Northampton County Court Business Centre on the basis the letter arrived late. This was on 17^th September 2018. Protocol stated that a further 30 days from expiry of the time period indicated in the Letter of Claim should have been allowed but was not adhered to.

16. The Claimant responded in a letter dated 21^st September 2018 in which they stated that this was a contract of service, not a credit account, and no agreement signature was required, however they are seeking to obtain the documentation from the original creditor. To date the Defendant has not received any further information or documents from the Claimant.

17.The Claimants statement of case states that the account was assigned from Three Mobile to Lowell on 21^th August 2014. The Defendant does not recall receiving notice of this assignment. The Claimant is put to proof that they have obtained the legal right to bring this claim.

18.It is denied that 3 Mobile served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

19.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

20.It is denied that the Claimant is entitled to the relief as claimed or at all.

[dipsydave]

Was the Welcome one actually discontinued formally or did they just let it get stayed at the court?

Think it was simply stayed and has never been pursued. Given that Welcome no longer exist its safe to say bye bye to that one

[Amethyst]

You say that - but we've just had one rear it's head after six years - so don't count chickens just yet. If you have a search of Welcome finance you should find the thread.

For now tho - let me edit the defence back down a bit ( you've over expanded on the address thing - that can wait for witness statements the court only wants the basics at this stage ) arrrghhh looking at time Ill amend in morning unless you feel like having a go tonight and I'll look back tmw.

Rest looks good though

[dipsydave]

The morning is not an issue, you'll know better where to chop than me tho.

[Amethyst]

Morning Well you've confused me about the addresses …. anyway to cut it down you just want to make the point that the claim was issued to the wrong address despite them being made aware of the right address before the claim was issued. If that's not the case then, personally, I would simply leave the issue out as it isn't of relevance.

1.The Defendant received the claim XXX from the Northampton County Court Business Centre on 20^th September 2018.

2. Prior to the claim being issued the Defendant had responded to a 'Letter before Claim' ( see Paragraph X below ) asking for further information and giving the Claimant their current address, ADDNOW.

3. However the Claimant proceeded to issue the claim to his previous address, ADD2, despite having been made aware of the change of details. The Defendant has now updated this address with the court.

You're also not helping your own case with the date the letter was signed for. I'd leave it as you replied on 7th Sept ( as that is within the 30 days from their letter dated 10th ) so I'd take out Paragraph 14

14. The date of receipt of this letter and was signed for by a representative of Lowell was 15^th September 2018

and change para 15 thus

15. The Claimant did not provide any information or any copies of documents to evidence or substantiate their claim but instead issued this Claim on 17

^th

September 2018 in breach of the Debt Pre-Action Protocols.

Then amend para 12 thus as it's just too wordy and doesn't help your case...

12. The Defendant has not heard anything from Three Mobile, or any third party regarding any debt owed to Three Mobile, since the termination / cancellation took place in 2011, until the defendant received the Letter of Claim in August 2018.