County Court Form from CCBC - EE Assigned to Lowell - Please Help

[Guest]

Hi Everyone,

I have attached the relevant details below. Please can you help me to proceed with the next steps. I understand i need to send a SAR to EE. With this do i just address a letter to EE with the phone number and my address with a postal order for a pound.*
I understand that I also need to email Lowell and lowell solicitors asking to see the Agreement referenced below, Proof of payments missed that lead to termination of service, Proof that notice was given of the assignment.*
Is there anything else I need to do? Thank you for your help in advance

Received a claim? Yes/
Issue Date:20/12/2020
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : £1500
Claimant’s Name: Lowell
Solicitors Firm: Lowell Solicitors
Original Creditor:EE
Original Debt*(eg. Credit card/Loan/Overdraft)*: Mobile phone contract and handset
Particulars of Claim: *1. The defendant entered into an agreement with EE under account reference xxxxxxx ("The Agreement) 2.The defendant failed to maintain the required payments and service was terminated. 3. The agreement was later assigned to the claimant on 20/02/2018 and notice given to the defendant. 4. Despite repeated requests for the payment the sum of x remains due and outstanding And the claimant claims a. the said sum of x 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 accruing a daily rate of x *but limited to one year being x c. costs
Is the debt Statute Barred NO
List any letters you have sent (eg: CCA/ CPR ):*
Any Other Information or Background Details:*

[jaguarsuk]

Send a CPR 31.14 Request for copies of:

agreement with EE under account reference xxxxxxx
notice given to the defendant of assignment

Send a Subject Access Request Letter to EE requesting copies of all the information they have about you.

You'll need to register here to be able to update this thread once you get replies.

[modelus]

Thank you Jaguar so much! I have had a look at the CPR 31.14 request template. Do i need to also send a separate request as per this paragraph that is highlighted in red on the template?

"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."*

[jaguarsuk]

Thank you Jaguar so much! I have had a look at the CPR 31.14 request template. Do i need to also send a separate request as per this paragraph that is highlighted in red on the template?

"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."

No, delete that paragraph as EE agreement are not credit agreements, so this bit is not relevant.

[modelus]

Thanks again Jaguar, am about to send SAR to EE and CPR 31.14 to Lowell solicitors. Do I need to attach postal orders in either envelope, I will send recorded delivery today.

[jaguarsuk]

You don’t need to send a fee with either of those requests.

[modelus]

CPR and SAR Request sent yesterday. Date on the form is 20/1/20. The form states at TIME ALLOWED TO REPLY TO THIS CLAIM "The day of service is taken as 5 days after the issue date overleaf" does this mean the time I can submit my defence is 28 + 5 days. Have no idea what I am going to submit as a defence. Can you help with this?

[jaguarsuk]

CPR and SAR Request sent yesterday. Date on the form is 20/1/20. The form states at TIME ALLOWED TO REPLY TO THIS CLAIM "The day of service is taken as 5 days after the issue date overleaf" does this mean the time I can submit my defence is 28 + 5 days. Have no idea what I am going to submit as a defence. Can you help with this?

Yes because you have acknowledged service you have 33 days from the date of issue on the claim form.

Your defence will depend on what if anything they send to you, you'll be amending the Example Defence to one to fit your circumstance.

[modelus]

Lowell Solicitors have responded. *" We confirm receipt of your request To confirm the matter is relation EE account opened on 5 November 2013 We are informed the last payment to the original creditor was on 30 june 2015 for the amount of £63.02. The matter is now legally assigned to our client Lowell Portfolio Ltd. *A notice off assignment was sent to inform you of this and a copy has been inclosed. Please note as the account is telecommunications account which is not covered by the CCA 1974 the original creditor is not obliged to groved a copy of the credit agreement. However for your information we have enclosed a copy of your last bill. We now ask you to respond to the CCJ form etc etc"

They have enclosed a Copy of a letter which informs me that the balance has been assigned to lowell and have also enclosed a copy of another letter stating EE have sold my account. The date on both of these letters is 29 march 2018.

*Then there is my final bill which has an early termination charge of 508.59 and total values of 1174.58.

Please can you advise how i should construct my defence which i will send tomorrow. The back story on this is that I had my phone stolen and by the time i reported it stolen a bill of hundreds of pounds had been racked up. I had insurance cover however as I had lost my phone a few months earlier and made a claim to have it replaced which was successful they took a very long time with this second claim and during that time which was many months i had no phone and was still being charged by the time the insurance people accepted my version of events the bill was so that i couldn't afford to pay it.

[modelus]

FYI The Claim form states that the account was assigned on 20 of February 2018 and the date on the letters lowell have provided showing me that the account has been assigned are 29 march 2018. Not sure if that matters at all.

[jaguarsuk]

Are the letters dated 29 March 2018 or state the account was assigned on that date in the content?

I wouldn't bother writing back to them, you will simply say in the defence you requested it and they refused to provide it. The Example Defence should be used as a template.

Do a draft and then post it here with personal info removed for assistance.

[modelus]

The letters are dated 29 March 2018. No where in those letters does it state in the content on what date the account was assigned.
*

[modelus]

. In this Defence:

(a) any allegation which is not admitted by the Defendant, the Claimant is required to prove;
(b) all allegations that are not specifically pleaded to by the Defendant are denied
(c) entirely without prejudice to the foregoing and except where it is expressly admitted in this Defence, the Defendant denies each and every allegation in the Particulars of Claim.

Non-compliance with the Civil Procedure Rules

2. Contrary to CPR 16.4(1)(a), the Claimant has not properly pleaded its case in that there is not a concise statement of facts upon which the Claimant relies. In particular, the Particulars of Claim does not identify:

(a) the nature of the agreement with T Mobile UK Ltd (“T-Mobile”);
(b) on which date(s) the Defendant had allegedly failed to maintain the repayments; and
(c) the exact date when T-Mobile terminated the agreement and gave notice of the same.

3. The Defendant requested inspection of documents mentioned in the Claimant’s Particulars of Claim under Civil Procedure Rule 31.14. Request was sent to the Claimants solicitors on 06.02.2020 .The Claimants solicitors responded by letter dated 13.02.2020 , received on 15.02.2020 notifying the Defendant that they are unable to request the original agreement from the original creditor, To date the Defendant has not received required documentation to effectively plead his case.

4. Accordingly, the Defendant invites the Claimant to provide required documentation of its claim by way of reply or alternatively, the court is invited to exercise its case management powers and make an order that, unless the Claimant provides the Defendant with sufficient particulars in accordance with CPR 16.5, the claim shall be struck out. If the Claimant complies, the Defendant shall be entitled to amend and file his Defence accordingly with those costs borne by the Claimant.

5. Without prejudice to the foregoing, the Defendant responds to the entirety of the Particulars of Claim as follows:

The parties
6. At all material times:
(a) Lowell is a debt portfolio purchasing business, which includes, amongst other things, the purchase of bad debts from telecommunications companies.
(b) The Defendant is a private individual acting as a consumer.

The agreement
7. It is accepted that the Defendant entered into an agreement with EE Limited on 05.11.2013 *for the provision of mobile telephone airtime and the purchase of a handset.

8. The Defendant is unaware of what debt the Claimant refers to. For the reasons set out in this Defence, denies that he is liable to pay the Claimant as alleged or at all.

The notice of assignment
9. The Defendant denies having ever received a notice of assignment as alleged or at all. Without prejudice to the foregoing denial, the Claimant has not stipulated in its Particulars of Claim the date when the notice of assignment was purportedly given to the Defendant. The Defendant requires the Claimant to prove by way of evidence that the said notice of assignment was validly served upon the Defendant.

10. If the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act 1925.
Damages sought by Lowell
11. For the reasons already mentioned above, the Defendant denies that the Claimant is entitled to the sums as alleged or at all. If, (which is denied), the Claimant is entitled to the said monies whether in part or in whole, the Defendant puts the Claimant to strict proof that it is entitled to such sums.

12. In the circumstances, the Defendant denies that the Claimant is entitled to the relief claimed or to any relief.

Statement of Truth

I believe that the facts stated in this form are true.



Signed by the Defendant ………………………………………..

Date ………………………………………..

[modelus]

please let me know if i can submit the above on the defence form the country court has sent to me.

[jaguarsuk]

There's a little bit of detail in there that's not needed, it could be ordered better to flow better and you actually take the burden of proof of the claimant a little.

Have a read of this reworked version and see what you think:

The Defendant received the claim [Claim Number] from Northampton County Court Business Centre dated 20/01/2020.

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

The Defendant respectfully requests that the Claimant to be put to the strictest proof to prove any allegation which is not admitted.

The Defendant requested inspection of documents mentioned in the Claimant’s Particulars of Claim under Civil Procedure Rule 31.14 on 06/02/2020.

The parties

At all material times:
(a) Lowell is Limited Company whose business is to purchase debt portfolios.
(b) The Defendant is a private individual.

The agreement

It is neither admitted nor denied that the Defendant entered into an agreement with EE, the Defendant cannot recall having done so.

The Defendant is unaware of the alleged debt claimed and denies that he is liable to pay the Claimant as alleged or at all.

The Claimants Solicitor responded by letter dated 13/02/2020 to the CPR 31.14 request notifying the Defendant that they are unable to request the original agreement from EE and do not have a copy.

The Claimant is therefore unable to evidence offer, acceptance and the formation of a contract between the Defendant and EE.

And, in the absence of the terms of the alleged agreement the Defendant fails to see how the court can rule on any of its terms, any alleged breaches of said terms, any alleged penalties and/or any alleged amount owing as a result of said breaches and/or penalties.

The notice of assignment

The Defendant denies having ever received a Notice of Assignment from EE contrary to the Law of Property Act 1925 s.136.

In the response to the CPR 31.14 request the Claimants Solicitor was not able to provide a copy of any Notice of Assignment, therefore the defendant disputes that assignment to the Claimant has taken place as alleged in their Particulars of Claim.

Consequently the Defendant avers that the Claimant has no legal right to bring this claim.

Non-compliance with the Civil Procedure Rules

The Defendant requested inspection of documents mentioned in the Claimant’s Particulars of Claim under Civil Procedure Rule 31.14 and the Claimants Solicitor has not complied with their CPR Part 31 obligations to provide them.

Contrary to CPR 16.4(1)(a), the Claimant has not properly pleaded their case in that those are not a concise statement of facts upon which the Claimant relies as they are unable to substantiate them.

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 to them as claimed.

The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

Damages sought by Lowell

For the reasons set out in this Defence the Defendant denies that the Claimant is entitled to the sums as alleged or at all.

The Defendant avers that this claim is an abuse of process, the Claimant has no legal right to bring the claim and even if they had, are unable to prove that a contract was formed between EE and the Defendant as alleged.

The Defendant respectfully requests that the court strike out the Claimants statement of case pursuant to CPR 3.4(2)(b) and enter Summary Judgement in favour of the Defendant by dismissing the claim.

Statement of Truth

I believe that the facts stated in this form are true.



Signed by the Defendant .....................................

Date .......................