** Discontinued ** Lowell solicitors ltd Vs ME!

[Fey92]

Hi jaguar thanks for your reply, I'm going to draft a defence up shortly to the best of my ability.

In the meantime this is what I sent in order to receive that response.




04/04/2018


*Lowell Portfolio I LTD


Ellington house


9 Savannah way


Leeds


West Yorkshire


*Lowell solicitors LIMITED


PO Box 1419


Northampton


NN2 1BU


Dear Sirs,


Claim Number:


Request for documents mentioned in a statement of case under CPR 31.14


On 29/3/2018 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 30/04/2018




1. Agreement with T-Mobile (UK) limited under account reference xxxxxx


2. Default Notice


In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14request.


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 byme within 7 days of receiving this email / 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.




I look forward to hearing from you.




Yours sincerely

[JRW120463]

I’ve just been through the same sort of argument with Lowell over 2 o2 accounts £590.00 and £415.00 . They chased me for 5-6 years but they couldn’t give me an agreement even though they they tried the same argument. I openly challenged them to take me to court and prove the debt without an agreement and they declined . I then told them that I would be charging them £20.00 for every letter they sent me and £35.00 for every phone call I made ! They zero balanced both accounts within a week . I have now give them 30 days to offer me compensation or I will be taking them to the small claims court for all the harassment which I had put up with over the last 5 years or so ! Be interesting to see what happens !

[Fey92]

tomtom1 been browsing the threads as I'm in the process of writing my defence at the moment. I noticed your defence suits what I need down to a T, would you mind if I borrowed it and changed a few things to suit my needs?

Best of luck with your case!

[Fey92]

JRW120463 that's great news! Hopefully you take them for a substantial amount for harassment as they deserve it the dirty leeches. What with all their threatening letters and constantly harassment with phone calls etc

[Fey92]

jaguarsuk do you think I should send a response to what Lowell soliciSoli sent to me?

As in, reiterate that I'm asking for the agreement that THEY have stated and intend to rely on in the particulars of the claim? As far as i can understand if they mention something in the PoC surely that means they would need to supply such evidence ?

Cheers. Please stand by for me defence I'm currently working on it as we speak

[jaguarsuk]

jaguarsuk do you think I should send a response to what Lowell soliciSoli sent to me?

As in, reiterate that I'm asking for the agreement that THEY have stated and intend to rely on in the particulars of the claim? As far as i can understand if they mention something in the PoC surely that means they would need to supply such evidence ?

Cheers. Please stand by for me defence I'm currently working on it as we speak

Hi, no just write and file your defence. You send them a very clear request and they have refused to comply.

When you file a defence you'll need to send them a copy, so in the cover letter you can reference their letter and "your refusal to comply with your CPR part 31 obligations has been noted"

Litigation by correspondence serves no purpose really, they'll just write back saying how you should pay to end the matter.

[Fey92]

jaguarsuk thanks for your response.

So once I've written and filed my defence, I should email Lowell Solicitor's a copy is that what your saying? Or just a cover note saying that their refusal to comply with the xpr 31 has been noted

[jaguarsuk]

jaguarsuk thanks for your response.

So once I've written and filed my defence, I should email Lowell Solicitor's a copy is that what your saying? Or just a cover note saying that their refusal to comply with the xpr 31 has been noted

Most law firms only accept service by post, it prevents important correspondence being missed or going into Junk folders. If you file online they will be sent a copy by the court, but if you file by email or by post you should probably send them a printed copy by post with a cover letter.

[Fey92]

jaguarsuk thanks again, I intend to file online using the mcol service. Please find below my defence thus far, please let me know what you think ☺️

In the Northampton County Court Business Centre
Claim No: 1234567

Lowell Portfolio I LTD
Claimant
And

Mrs blobby
Defendant


DEFENCE
1. I received the claim from the Northampton County Court on 29/03/2018
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. This claim appears to be for a service agreement with T-Mobile (UK) LTD

4. Paragraph 1 is neither admitted or denied and there is no knowledge with regards to
the Defendant owing any monies to the Claimant nor T-Mobile (UK) LTD and
the claimant has failed to provide any
Original Creditor evidence of assignment/balance/breach as
requested by CPR 31.14 on the 4/4/2018 and the Claimant is put under strict proof thereof to;
(a) show how the Defendant has entered into an agreement; and
(b) show how the Defendant has reached the amount claimed for; and
5. (c) show how the Claimant has the legal right, either under
statute or equity to issue a claim;
6. The Claimant’s Particulars of Claim fail to state when the agreement was entered into.
7. The Claimants statement of case states that the account was assigned from T-Mobile (UK) LTD to Lowell Portfolio I LTD on 25/07/2016. The Defendant does not recall receiving notice of this assignment.
8. It is denied that T-Mobile (UK) LTD 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.
9. On the 4/4/18 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors Ltd, I requested the Claimant provide copies of the Agreement, as stated in the particulars of claim, accompanied by the assignment and the default notice.
10. Lowell Solicitors LTD has refused to send any of these documents to me.
11. As per civil procedure rule 16.5 (4) it is expected that the claimant prove the allegation that the money is owed.
12. On the alternative, if the claimant is an assignee of debt it is denied that the claimant has any right to lay a claim due to contraventions of section 136 of the law of property act

13. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.
14. 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.
15. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should be struck out.
16. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
17. It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
Signed ________________________________
Dated ________________________________

[jaguarsuk]

Okay a few tweaks in post #4 I advised you ask for

"notice given to the defendant" of assignment

But in post #16 you say you asked for "Default Notice" and there is no mention of the notice of assignment. The agreement isn't a credit agreement unless you specifically remember taking out finance for the handset, so there won't be a requirement to a default notice and also the CCA 1974 doesn't regulate this agreement.

You only address Paragraph 1 and it's better to answer them all, I have addressed them all and you should read to check that you are happy with those responses and amend them where necessary.

In point 5 gender is assumed based on you putting the Defendant as "Mrs" in the last post.

Regards point 16, I don't know if this is valid and therefore have left it in, you'll need to be confident enough that you can argue this legal point.

1. I received the claim form on 29/03/2018 from the Northampton County Court.
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. This claim appears to be for a service agreement with T-Mobile (UK) LTD.
4. References to paragraph numbers shall be construed as references to the corresponding paragraphs set out in the Particulars of Claim unless stated as being that numbered paragraph in the Defence.
5. Paragraph 1 is neither admitted or denied and the Defendant has no knowledge with regards to her entering into an agreement with T-Mobile (UK) LTD.
6. Paragraph 2 is neither admitted or denied.
7. Paragraph 3 is denied, the Defendant does not recall receiving notice of this assignment.
8. Paragraph 4 is denied and the Claimant has yet to establish the Defendant entered into an agreement with T-Mobile (UK) LTD or legal assignment to them took place of any balance.
9. On the 04/04/2018 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Lowell solicitors LIMITED. I requested the Claimant provide copies of the Agreement with T-Mobile (UK) limited under account reference xxxxx.
10. Lowell solicitors LIMITED refused to comply with the request and have not sent any of these documents to me.
11. The Claimant’s Particulars of Claim fail to state when the agreement was entered into.
12. The Claimants statement of case states that the account was assigned from T-Mobile (UK) LTD to Lowell Portfolio I LTD on 25/07/2016. The Defendant does not recall receiving notice of this assignment.
13. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.
14. 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.”
15. Therefore, I respectfully request the Claimant be put to the strictest proof to prove the allegation that the money is owed as claimed, thereof to;
    (a) show how the Defendant has entered into an agreement; and
    (b) show how the Defendant has reached the amount claimed for; and
    (c) show how the Claimant has the legal right, either under statute or equity to issue a claim.
16. On the alternative, if the claimant is an assignee of debt it is denied that the claimant has any right to lay a claim due to contraventions of section 136 of the law of property act
17. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should be struck out.
18. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
19. It is denied that the Claimant is entitled to the relief as claimed or at all.

This is just a tidy up of what you have written to allow it to flow, you need to check you are happy with it as it's you whom the claim is against.

[Fey92]

That's seems great to me jaguarsuk , thanks for taking the time to do that for me it does flow much better now.

In regard to the law of property act honestly I just copied it from someone else i don't really know the ins and outs of it but I've seen it mentioned a lot.

Is there anyone that can clarify it for me on here? Or maybe I should just remove it?

And when you said no mention of the notice of assignment did you mean when I sent the CPR 31 to them?

[jaguarsuk]

That's seems great to me jaguarsuk , thanks for taking the time to do that for me it does flow much better now.

In regard to the law of property act honestly I just copied it from someone else i don't really know the ins and outs of it but I've seen it mentioned a lot.

Is there anyone that can clarify it for me on here? Or maybe I should just remove it?

And when you said no mention of the notice of assignment did you mean when I sent the CPR 31 to them?

You shouldn't try to put anything you don't know about in your defence, you are going to have to sit in court and argue these points. If you can't argue them it dents your credibility with the Judge and that could lose you the claim.

On the copy of the letter you posted in post #16 you asked for:

1. Agreement with T-Mobile (UK) limited under account reference xxxxxx


2. Default Notice

However as this wasn't regulated by the CCA 1974 then no default notice will have been served or required to be. You should have asked as I suggested in post #4 for:

1. Agreement with T-Mobile (UK) limited under account reference xxxxxx


2."Notice given to the defendant" of assignment

The lack of Notice of Assignment remains in the defence as you don't recall receiving it and therefore they need to produce it to prove their claim. However it is removed from point 9 as you didn't ask them for it.

[Fey92]

My mistake I misunderstood, so should I just file the defence with that property act removed ?

[jaguarsuk]

My mistake I misunderstood, so should I just file the defence with that property act removed ?

Unless you know how to argue the point, yes.

[Fey92]

jaguarsuk just submitted the amended defence with that section removed, thanks for your assistance and I shall keep you updated! x