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County Court Claim Lowells statute barred HELP!

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  • County Court Claim Lowells statute barred HELP!

    Hi

    Please can someone help me. I have received a court claim today which I want to defend on the basis that I believe it is statute barred. The debt relates to an old EE contract and has been passed to Lowell who have instructed Overdales solicitors.

    I would like to know what I need to do in order to defend this. I know I need to complete the claim form saying I want to defend it and I will do that today but what do I need to do now. I do not have any copies of anything relating to EE all I have is a letter I sent to Lowell back in 2020 requesting they send proof of my agreement which they didn't send. I did not acknowledge the debt in this letter.

    The particulars of claim are as follows

    The defendant failed to maintain contractual payments under the terms of the account agreement.
    The debt was legally assigned to the claimant on 19-10-18 notice of which has been given to the defendant
    The claim includes statutory interest under s.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of the assignment to the date of these proceedings.
    Total claimed £812.52 plus fees totally £952.52

    Any help would be greatly appreciated.

    many thanks
    Tags: None

  • #2
    https://legalbeagles.info/library/gu...-court-claims/
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Thank you. As its a mobile phone contract I understand this is not covered by the CCA 1974. Do I just miss this off the defence? Do you know if I need to send any letters to Lowell or Overdales in the meantime?

      Comment


      • #4
        That is an example, to be adapted to suit the circumstances
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment

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