Claim form from the county court from Lowell portfolio how to defend please

[petersouths]

Hi guys
I got a claim letter from the county court on behalf of a company called Lowell portfolio . I have never had any contact with this company in any way shape or form . The claim seems to be from multiple internet/phone phone companies . I wish to defend this claim .Could anyone please help me in what i should put in my defence please.


Many Thanks Peter

[jaguarsuk]

Start with the First Steps and once we see the Particulars of Claim we'll be able to move on to what should go in a CPR 31.14 letter.

[petersouths]

Thank you. So far i have logged in to the moneyclaim website with the login details supplied on the letter i received. I filled out the Acknowledgement of Service with the intention to defend the whole claim.

[jaguarsuk]

Thank you. So far i have logged in to the moneyclaim website with the login details supplied on the letter i received. I filled out the Acknowledgement of Service with the intention to defend the whole claim.

Great now do the next bit of the first steps by posting the information in the template and we can help with the letter.

[petersouths]

Hi i no longer have the letter i was sent .I thought the details would be online is there a way i can get these again .Thank you
The creditors on the letter was 3g hutchinson , ee and i think vodafone.
Information i have online is

Claim Summary

Claimant
Lowell Portfolio I Ltd




Amount Claimed
£500
Court Fee
£60.00
Solicitor Costs
£70.00



Issue Date
09/08/2019

[jaguarsuk]

Hi i no longer have the letter i was sent .I thought the details would be online is there a way i can get these again .Thank you
The creditors on the letter was 3g hutchinson , ee and i think vodafone.
Information i have online is

Claim Summary

Claimant
Lowell Portfolio I Ltd




Amount Claimed
£500
Court Fee
£60.00
Solicitor Costs
£70.00



Issue Date
09/08/2019

You shouldn't have disposed of the letter you need the particulars of claim. Without knowing the wording I can't advise you what you should be writing to them to ask for.

[Amethyst]

You can send a SAR (Subject Access request under the data protection act ) to each of the phone companies as a start ... that should help find out what theses debts are. Do you remember much about them ? Were there any devices purchased on credit at the same time ?

Any idea when you last paid anything on any of them ?

You can send a CPR 31.14 request to Lowell asking for the contracts/agreements .... without the particulars of claim we don't know what else was mentioned though - termination/default notices ? Notice of assignment ?

Did you receive a letter before the claim was issued ? It would have had a reply form with it.

If you contact Northampton ccbc they may be able to email you the claim info which will include the particulars of claim. They will need your claim number to find the case.

[petersouths]

Hi thanks
I just spoke to moneyclaim and they were very helpful and emailed the details i asked for . The only thing i can maybe remember having is a phone in 2012 which payments stopped after they refused to pay out the insurance for my stolen phone , this was all over 6 years ago and was through a third party not direct with any provider.Which could be the 3g one .

I've never has any contact with EE vodafone or 3g about any of the debts/ accounts in this claim or Lowell.There is no dates ,no description of the goods purchased , no proof of agreement other than there word it seems.

1)THE CLAIM COMPRISES THE FOLLOWING AGREEMENTS THE DEFENDANT ENTERED INTO: A. HUTCHISON 3G UK LIMITED WITH REFERENCE 9569377139 AND CURRENT BALANCE OF £306.72 B. EE LIMITED WITH REFERENCE 115951904 AND CURRENT BALANCE OF £80.75 C. VODAFONE FINANCE UK LIMITED WITH REFERENCE 688713861 AND CURRENT BALANCE OF £103.31 THE AGREEMENTS WERE TERMINATED AS

PAYMENTS WERE NOT MAINTAINED AND SUBSEQUENTLY ASSIGNED TO THE CLAIMANT. AND THE CLAIMANT CLAIMS: A) THE TOTAL OF THE SAID SUMS BEING £490.78 B) INTEREST PURSUANT TO S69 COUNTY COURTS ACT1984 AT THE RATE OF 8% PER ANNUM FROM THE DATE OF ASSIGNMENT TO THE DATE OF ISSUE, BUT LIMITED TO ONE YEAR, BEING £21.31 C) COSTS

[jaguarsuk]

So in the 31.14 letter you ask for copies of:

1. AGREEMENT WITH HUTCHISON 3G UK LIMITED WITH REFERENCE 9569377139
2. AGREEMENT WITH EE LIMITED WITH REFERENCE 115951904
3. AGREEMENT WITH VODAFONE FINANCE UK LIMITED WITH REFERENCE 688713861
4. Notice of assignment from HUTCHISON 3G UK LIMITED to the claimant
5. Notice of assignment from EE LIMITED to the claimant
6. Notice of assignment from VODAFONE FINANCE UK LIMITED to the claimant

You are also going to have to send Subject Access Request Letter's to each of Hutchinson, EE & Vodfone requesting all the information they hold on you.

They'll probably write back with a load of fluff about there not being a consumer credit agreement and therefore they won't provide one. If they are going to win a judgement they'll need the agreements, but they'll claim they don't to try to scare you.

[petersouths]

Thanks the letters are sent . I have to file my defence today .Just would like to check when defending on the template i'm using each defence is started with a number . expample 1,2,3 etc

On the claim particulars it's 1 than a ,b,c etc . Does this matter

Many thanks

[jaguarsuk]

Thanks the letters are sent . I have to file my defence today .Just would like to check when defending on the template i'm using each defence is started with a number . expample 1,2,3 etc

On the claim particulars it's 1 than a ,b,c etc . Does this matter

Many thanks

Follow the template

[petersouths]

Just want to say a huge thanks to Jaguarsuk for all your help and also to Amethyst . I wouldn't of known what to do without your support and this amazing site/forum .

I first contacted the National debt line who were no help at all . I joined the legalbeagles forum and the support and information is amazing.

Thank you

[petersouths]

Just had a letter back from Lowell in response to the CPR 31.14 .They say it's a service agreement not a credit agreement and there client has no obligation to provide a signed agreement .Also didn't return my £1

Then in the letter they give me agreement start dates all over 6 years old but have out fake last payment dates as recent as last year . With fake phone numbers not even the correct amount of digits , Fake earlier termination fee fees and fake air time debts .

Is this even legal ?

[jaguarsuk]

That’s standard fayre, they want you to think they have you banged to rights.

If they have any hope of winning this claim they’ll need to produce an agreement between you and the operator or how else does the court know you entered into one and what the terms were to decide if you owe the money.

As you have filed your defence fence just let the wheels of the court turn.