** DISCONTINUED ** Lowell Portfolio for Everything Everywhere by BW Legal!

[CoffeeGuru]

Received a claim? Yes

Issue Date: 21/09/2018

Have you Acknowledged the Claim? No

Total Amount Claimed: £848.92

Claimant’s Name: Lowell Portfolio 1 Ltd
Solicitors Firm: BW Legal
Original Creditor: Everything Everywhere Ltd

Original Debt (eg. Credit card/Loan/Overdraft) : Mobile Telecoms Agreement

Particulars of Claim:

the claimant's claim is for the sum of
£664.02 being monies due from the
defendant to the claimant under a
non-regulated
Mobile Telecoms
agreement between the Defendant and
Everything Everywhere Limited
Under account reference xxxxxxxx
and assigned to the claimant on 21/12/2016
notice of which has been given to the
Defendant.
The Defendant failed to maintain the
contractual payment under the terms of the
agreement and a default notice has been
served and not complied with.
The claim also includes statutory interest
pursuant to section 69 of the county courts
act 1984 at a rate of 8.00% per annum ( a
daily rate of £0.15 from the date of
assignment of the agreement to
21/12/2017 being an amount of £54.90.

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Possible.

List any letters you have sent :

Any Other Information or Background Details:
I think this dates to a mobile phone contract I took out in 2012 or very early 2013 for an employee of my company. Due to urgency I took out the phone under my name personally instead following the usual company channels. The company went into insolvency a couple of months later and it looks like this debt slipped through the cracks and wasn’t dealt with by the insolvency practitioner. I presume payments stopped being made for the phone when the bank received notice from the insolvency practitioner about the insolvency and closed my personal and business bank accounts. There could not have been more than 1 or 2 monthly payments ever made if this relates to the phone I think it does.
There was a lot of other things that needed tying up at the time – I had lost a successful company that I had built up over 8 years which employed 20 people, my marriage broke down and wife left with my baby daughter all at the same time! So, I probably failed to inform the insolvency practitioner about this phone debt and so it got left. I vaguely remember getting the occasional letter about this over the years, but as I never knew who Everything Everywhere was and certainly never took a phone out with them (I now believe the original contract was with Orange mobile phones) I never addressed it. There were a number of little debts that followed me out of that business and one or two very large ones so getting threatening letters from random companies was very much normal and unfortunately still is.

Any help anyone can provide about responding to this claim or making a defense would be very much appreciated!

[MIKE770]

Check dates
Acknowledge Claim
CCA Request
CPR 31.14 Request

[CoffeeGuru]

Brilliant, thanks.
Do you still need to post a £1 payment in the CCA? I presume I get a postal order from the post office as I dont use cheques!?

[MIKE770]

Amethyst

jaguar1954

[Amethyst]

Yes you'll need the £1 for the CCA request - a postal order is normally a fine substitute for a cheque. Don't recommend sellotaping a £1 coin to the letter

As this is a mobile phone account though it is unlikely there will actually be a consumer credit agreement unless there was a separate contract for purchase of the handset.

As the contract was in your personal name, and not through the company, it wouldn't have been included in the insolvency process at all.

However they still need to evidence that this contract was taken out, that it was in your name, that the payments were due and not made, that the account terminated/default, and when that was, and that the debt has been legally assigned.

£664 sounds like it would have been an airtime/data inclusive contract with phone purchase included, over 18 months possibly. . Did the employee keep the phone or return it to the company ? There could be additional call charges from outside the contract included. Any idea how much the monthly payments were ?

[CoffeeGuru]

OK, thanks. I would just post a £1 coin in if it meant I could send the letter off today and not have to wait until I can somehow get to a post office outside work hours (I am in the middle of the countryside).! But, I will refrain from the CCA letter altogether as I don't believe there was a separate contract for the phone purchase.

I actually remember now that I also started trying to set a business up mid 2013 in a small office that had no internet. I took out a SIM only deal so that I could tether the 3g connection as a short term solution. I wonder if this court case is about that.

The other one I was thinking of was a contract for a phone plus minutes. The employee left and kept the phone.

I have no idea about monthly payments or much else unfortunately, I mean this is right around the time my wife deserted me because of all these things going wrong. Taking my baby daughter. I was not focusing on keeping my affairs in good order.

[CoffeeGuru]

So, I need to post out the following letter without delay?

---------------------------------


12/10/2018

Lowell Portfolio 1 Ltd

Ellington House

9 Savannah Way

Leeds

LS10 1AB



Dear Sirs,

Claim Number: XXXXXX

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



On 21/09/2018 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 on20/10/2018


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 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.

I look forward to hearing from you.

Yours sincerely

Name

[CoffeeGuru]

Any help with this please?

[Amethyst]

Yes that needs to go to BW Legal but leave off 4. Formal Demand as it isn't mentioned in the statement of case.

Agreement, Notice of Assignment and Default Notice are.

The claimant's claim is for the sum of

£664.02 being monies due from the

defendant to the claimant under a

non-regulated

Mobile Telecoms

agreement between the Defendant and

Everything Everywhere Limited

Under account reference xxxxxxxx

and assigned to the claimant on 21/12/2016

notice of which has been given to the

Defendant.

The Defendant failed to maintain the

contractual payment under the terms of the

agreement and a default notice has been

served and not complied with.

The claim also includes statutory interest

pursuant to section 69 of the county courts

act 1984 at a rate of 8.00% per annum ( a

daily rate of £0.15 from the date of

assignment of the agreement to

21/12/2017 being an amount of £54.90.

[CoffeeGuru]

Fantastic, thank you very much Amethyst.!

And should I start working on a defense as the 28 days is up soon?!

[CoffeeGuru]

I am a bit worried I had a letter from BW Legal saying that if I dont contact them by the 26th October they will be awarded a CCJ?


I really should have filed my defense today but have no idea what to write or where to send it. Can I email the defense? Is it too late now and hence that letter?! Or is there any templates for the defense?

Thanks

[CoffeeGuru]

Anyone?

[CoffeeGuru]

OK, I have done the following defense and will submit. If anyone has a minute just to check if any amendments are required I would be extremely grateful. Particularly as noted in part 8.

(Name address claim number etc)

1.I received the claim [xxxx] from the Northampton County Court on xxxx



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



3.This claim is for a non regulated mobile telecoms agreement.



4.It is denied that the Defendant has previously entered into an agreement with Everything Everywhere for provision of mobile telecoms services.



5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the 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 Everything Everywhere to Lowell Portfolio 1 Ltd on 21/12/2016. The Defendant does not recall receiving notice of this assignment.



8.It is denied that Everything Everywhere 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.]]* ((is this part required as there was no separate credit agreement))



9.On the 11/10/2018 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to BW Legal. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.



10. BW Legal has not sent any of these documents to me.



11. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defense pending receipt of documents (as allowed under CPR 15.5), but they have declined.

12.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.



13.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 stand struck out.



14.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.



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


Signed / Date

-----------------

[Amethyst]

Paragraph 8 - yes put it in ( sans square brackets) as they plead in their claim form

and a default notice has been

served and not complied with.

[CoffeeGuru]

thanks. I REALLY appreciate your help!

Can I email this or do I need to post it?