Received Lowell court papers and letter from Northants court!! Help please

[Margie009]

I'm new to this site and extremely happy I've found it, although my time is running out!


Received county court papers from Northampton county court stating that Lowell have taken legal action dated 4th April 2018 for around £1100, I have completed the online registration and have extended the time to appeal this matter.


So back in April/may 2012 I took a phone contract out with o2, I then unexpectedly moved out of the country 3 weeks later with my family for 10 months, stupidly didn't pay the contract not even the first payment and since they have sold it on to Lowell, lowell filed a default on my credit file dated around Nov 2012.

Once settled here again I started to receive letters from Lowell stating that I owed them £900. Stupidly as I was young at the time this worried me and I just tried my best to ignore it and block it out which I still regret now.

Have received several phone calls/letters/emails from Lowell over the years and up until now that's all there has been. Now they want to take it to court to get back. I never once accepted that this debt was mine or admitted this to Lowell, always ignored them thinking one day it'll just go away, I remember trying to do the 3 letter thing but they replied saying that a mobile contract doesn't come under said laws.

I hate the sound of going to court and I know I should pay it so feel like setting up a payment plan although the only objection I have to that is I'm about to move to London to start a new job so really can't do with much more expense right now - karma getting me back with the timing of all of this!

Just wondered if there's anyone on here that's been in the same position that could help me with this, do I try to battle this because from my understanding Lowell are horrible to deal with and don't necessarily always follow the rules or just cave in since it won't be worth it?

I've spoken to o2 and they have very little recorded regarding this now, literally all they could tell me was the number, and also the dates taken out and terminated which is frustrating.

Would appreciate it if anyone could help,

Thanks in advance.

Margie009

[jaguarsuk]

Okay, so you have Acknowledged service as the First Steps page shows?

It would be useful if you post the answers to these:

Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed:
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: Please type out in full excluding names/account numbers:
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR )
Any Other Information or Background Details:

These pages axplain the CCA/CPR question CCA Request and CPR 31.14 Request , but the CCA will most likely be irrelevant as this is what Lowells told you when you used the daft 3 letters.

However, O2 did start financing their handsets under CCA agreements sometime in this decade, I certainly had one in 2014 like that and so it may yet turn out to be relevant.

Send a Subject Access Request Letter to O2 and then you will know exactly what information they have on you.

Once you post the Particulars of Claim then advice can be given of what to ask for in the CPR letter.

[Margie009]

Thanks for replying. The details are shown below. I'll get an SAR request sent to o2 immediately and keep you posted.

Issue Date: 4th April 2018

Have you Acknowledged the Claim?: yes registered online and extended to 28 days

Total Amount Claimed: £1075.65

Claimant’s Name: Lowell Portfolio I Ltd

Solicitors Firm: Lowell solicitors limited

Original Creditor: o2

Original Debt (eg. Credit card/Loan/Overdraft) : phone contract

Particulars of Claim: Please type out in full excluding names/account numbers: received default from Lowell in oct 2012

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
6 years haven't passed yet

List any letters you have sent (eg: CCA/ CPR )
Any Other Information or Background Details: tried the 3 letter thing a while back that I found templates for online

[jaguarsuk]

Could you edit your post above to change the Particulars if Claim section. Put what is currently there under anything else that’s relevant and type the particulars of claim from the claim form. The pic I have uploaded shows what part of the form this is.

I dont come come on here weekends, so either others will help or I’ll have a look on Monday.

Enjoy the sun sun and see you the other side

[Margie009]

1) The defendant entered into an agreement with o2 (UK) under account xxxxxxxxx


2) The defendant failed to maintain the required payments and the service was terminated.

3) the agreement was later assigned to the claimant (28/03/13) and notice given to the defendant.

4) despite repeated requests for payment, the sum of £875 remains due and outstanding.
And the claimant claims:
a) the sum of £875
b) interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue . . . . .
c) costs



not sure how to edit a post so will post here. Have a great weekend!

[jaguarsuk]

Okay, as you have Acknowledged Service you have until Monday 7th May 2018 at 4pm to file a defence, so 14 days yet.

You need to send a CPR 31.14 Request to Lowell solicitors limited asking for:

1. "agreement with o2 (UK) under account xxxxxxxxx"
2. "notice given to the defendant" of assignmant

They have 7 days to reply to this letter, so if you post it off today you'll have plenty of time.

Did you send off the SAR to O2 as I suggested in post #2? If not it needs to be done.

Finally you can start to put together a draft of your defence as then you will only need to edit it if or when you receive a response to the CPR letter from the Solicitors. Guide here: Example Defence

[Margie009]

Greatly appreciate your response and hope you had a great weekend!

Yes SAR request sent to o2 and requested the info in email in hope it should speed the process up.

Just completed the CPR form but stuck with one bit, am i to change this paragraph below to suit my request or just add a date (its just the whole paragraph is in green)


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, xx/xx/xxxx.

Thanks again, in advance

[jaguarsuk]

Greatly appreciate your response and hope you had a great weekend!

Yes SAR request sent to o2 and requested the info in email in hope it should speed the process up.

Just completed the CPR form but stuck with one bit, am i to change this paragraph below to suit my request or just add a date (its just the whole paragraph is in green)


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, xx/xx/xxxx.

Thanks again, in advance

Sorry I forgot to add doing a CCA Request letter to Claimant and you are required to send a £1 fee to them by cheque or postal order. Mark the front of it clearly with "CCA STATUTORY FEE ONLY."

Then you amend that paragraph as well as enclose a copy of the CCA letter when sending to the solicitor with "07/05/2018" as the date.

Most mobile contracts don't have Consumer Credit Agreements, but O2 are known to have financed handsets separately (mine was in 2014) and although I don't know the date they started doing this it's worth asking for it to make sure. The Claimant will probably return the CCA letter and fee saying it's not a regulated agreement as that's easier than actually looking for one.

The SAR from O2 later will determine whether it was or not.

[Margie009]

Ok so the only part on this paragraph is the date? Am I right?

fill out cca request with the £1 to Lowell direct or their solicitors, or one to Lowell with 1£ and also one in the same envelope as the cpr straight to the solicitors?

Just so I'm sure other than the £10 sar to o2 I'm only supposed to be paying £1 fee for the cca? Nothing to pay for the cpr?

Sorry if these are silly questions

thanks again

[jaguarsuk]

CCA Letter and £1 fee to Lowell Direct (Claimant)

Copy of CCA letter in with CPR letter to Solicitors.

Only fees are £10 SAR & £1 CCA. You agree to their costs of copying documents in the CPR, but they won’t ask for those costs.

[Margie009]

I have been away for a couple of days and will be back home later so the letters should've arrived back by now. Still haven't had my SAR from o2 yet unfortunately. I'm going to do my defence tonight and post first class tomorrow, will that be ok with my time running out on mon 7th June? Is there any way i can file defence online or has to be posted?

ill message in here later when I'm home and seen the responses incase I need some guidance on filling out defence but have noted the link you posted in #6

[Margie009]

Mon 7th may*

[jaguarsuk]

I have been away for a couple of days and will be back home later so the letters should've arrived back by now. Still haven't had my SAR from o2 yet unfortunately. I'm going to do my defence tonight and post first class tomorrow, will that be ok with my time running out on mon 7th June? Is there any way i can file defence online or has to be posted?

ill message in here later when I'm home and seen the responses incase I need some guidance on filling out defence but have noted the link you posted in #6

Yes, the same way you logged into the website to Acknowledge Service you can file there or you can email your defence to the court. Get your defence typed and then post a copy here with identifying info removed as people can help you finalise it before sending.

As the 7th is a Public Holiday you have until 4pm on 8th May 2018.

[Margie009]

Thanks for your reply I have no letters at all from Lowell nor their solicitors.. what are my next steps?

[jaguarsuk]

File a defence