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County Court letter from Lowell

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  • County Court letter from Lowell

    Hi
    I have received a court letter from Northampton / Lowell regarding an old account I had with Vodafone.
    apparently Vodafone served me a default notice but no date is stated, I am currently getting divorced and have not lived at my old address for 2 years? this was then passed onto Lowell who supposedly contacted me in July 2014 at my old address?
    I've enrolled and entered a defend plea on the Money Claim online,
    what is my next step?
    Not a clue how to go about this, any advice would be really appreciated
    it just says Lowell Solicitors on the court form
    Agreement took out with Vodafone 14/07/10
    Default served 01/08/2013
    updated by Lowell 27/08/14
    I wasn't aware until they sent me a letter to my new address.
    Tags: None

  • #2
    Re: County Court letter from Lowell

    Good morning,
    Could you please either type in or post up a copy
    of the N1 claim form after removing, your name/address
    and the claim number?

    To which address was the claim pack sent?

    nem

    Comment


    • #3
      Re: County Court letter from Lowell

      Hi Nem

      Claimant
      Lowell Portfolio I ltd
      Ellington House

      Address for sending payment / documentation
      Lowell Solicitors limited
      PO Box1419

      1,The defendant entered into an agreement with Vodafone under account ********* (the agreement)
      2, The defendant failed to maintain the required payments and a default notice was served
      3, The agreement was later assigned to the Claimant 31/07/14 and notice given to the defendant
      4, Despite repeated requests for payment the sum of £486.06 remains due and outstanding and the claimant claims a) the said sum of £486.06 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 at a daily rate of £0.107 but limited to a year being £38.88 c) Costs

      Comment


      • #4
        Re: County Court letter from Lowell

        Originally posted by StevenStacey View Post
        Hi Nem

        Claimant
        Lowell Portfolio I ltd
        Ellington House

        Address for sending payment / documentation
        Lowell Solicitors limited
        PO Box1419

        1,The defendant entered into an agreement with Vodafone under account ********* (the agreement)
        2, The defendant failed to maintain the required payments and a default notice was served
        3, The agreement was later assigned to the Claimant 31/07/14 and notice given to the defendant
        4, Despite repeated requests for payment the sum of £486.06 remains due and outstanding and the claimant claims a) the said sum of £486.06 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 at a daily rate of £0.107 but limited to a year being £38.88 c) Costs
        Is Lowell Solicitors PO address in Leeds?

        OK, A request to Lowell solicitors under CPR 31.14 (Civil Procedure Rule) (no fee) for the documents mentioned
        in the Particulars of Claim i.e. A copy of the agreement, the default notice and the notice of assignment.
        I suggest sending this by signed for post.

        As mobile phone accounts are not regulated by CCA 1974 (Service Contracts) the normal request for a copy of
        the agreement cannot be used.

        I have a suggestion though:

        FAO
        Mr Andrew Bartle
        COO The Lowell Group
        Ellington House etc.

        Date Ref: CC Claim No,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,: Lowell Portfolio 1.

        Dear Mr Bartle,

        I have received the above mentioned County Court Claim and I now require Lowell
        to provide me with a Copy of the Service Contract/Agreement relating to the alleged
        debt.

        I am aware that this is not regulated by CCA 1974, never the less this is document that
        Lowell/Lowell solicitors intends to rely on in court, refusal to provide this agreement will
        be brought to the notice of the court.

        Signed for post for this, check delivery date.

        nem

        Comment


        • #5
          Re: County Court letter from Lowell

          really appreciate your help on this
          the address is Northampton for Lowell

          Comment


          • #6
            Re: County Court letter from Lowell

            @nemesis45
            Really appreciate your help on this
            the address is Northampton for Lowell not Leeds
            Do I need to send a copy to the court?
            I take it recorded delivery for this?

            Originally posted by nemesis45 View Post
            Is Lowell Solicitors PO address in Leeds?

            OK, A request to Lowell solicitors under CPR 31.14 (Civil Procedure Rule) (no fee) for the documents mentioned
            in the Particulars of Claim i.e. A copy of the agreement, the default notice and the notice of assignment.
            I suggest sending this by signed for post.



            As mobile phone accounts are not regulated by CCA 1974 (Service Contracts) the normal request for a copy of
            the agreement cannot be used.

            I have a suggestion though:

            FAO
            Mr Andrew Bartle
            COO The Lowell Group
            Ellington House etc.

            Date Ref: CC Claim No,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,: Lowell Portfolio 1.

            Dear Mr Bartle,

            I have received the above mentioned County Court Claim and I now require Lowell
            to provide me with a Copy of the Service Contract/Agreement relating to the alleged
            debt.

            I am aware that this is not regulated by CCA 1974, never the less this is document that
            Lowell/Lowell solicitors intends to rely on in court, refusal to provide this agreement will
            be brought to the notice of the court.

            Signed for post for this, check delivery date.

            nem
            Last edited by StevenStacey; 15th December 2015, 10:34:AM.

            Comment


            • #7
              Re: County Court letter from Lowell

              Originally posted by StevenStacey View Post
              @nemesis45
              Really appreciate your help on this
              the address is Northampton for Lowell not Leeds
              Do I need to send a copy to the court?
              I take it recorded delivery for this?
              Ok I thought this might be the case Lowell Solicitors
              is based in the Marlin Financial offices in Northampton
              the PO box No. may be a problem with signed for post.
              Still send signed for to the sols anyway and for the
              letter to Bartle.
              No need to send to the court, just keep copies for your
              self as they will be needed if we get to the stage of making
              a witness statement.

              nem

              Comment


              • #8
                Re: County Court letter from Lowell

                @nemesis45
                Thank you I will post today to both locations and let you know if and when I get a response
                Will I need to do anything regarding the money claim line as I put a defence plea in yesterday?
                Once again cant thank you enough for speedy reply and advice

                Originally posted by nemesis45 View Post
                Ok I thought this might be the case Lowell Solicitors
                is based in the Marlin Financial offices in Northampton
                the PO box No. may be a problem with signed for post.
                Still send signed for to the sols anyway and for the
                letter to Bartle.
                No need to send to the court, just keep copies for your
                self as they will be needed if we get to the stage of making
                a witness statement.

                nem

                Comment


                • #9
                  Re: County Court letter from Lowell

                  Originally posted by StevenStacey View Post
                  @nemesis45
                  Thank you I will post today to both locations and let you know if and when I get a response
                  Will I need to do anything regarding the money claim line as I put a defence plea in yesterday?
                  Once again cant thank you enough for speedy reply and advice
                  Always happy to help!:santa_wink: nem

                  Comment


                  • #10
                    Re: County Court letter from Lowell

                    [MENTION=55034]nemesis45[/MENTION]
                    Hi Had a reply from Lovell saying they have received my request and will contact myself once they have the documents requested.
                    What should I do regarding the court? do I need to let them know?

                    Comment


                    • #11
                      Re: County Court letter from Lowell

                      Originally posted by StevenStacey View Post
                      @nemesis45
                      Hi Had a reply from Lovell saying they have received my request and will contact myself once they have the documents requested.
                      What should I do regarding the court? do I need to let them know?
                      Ok, Steven,

                      You just a carry on with the court process, Lowell are fully aware that if the agreement is not supplied within 12 +2
                      working days timescale the debt is rendered unenforceable Until the agreement is supplied.

                      I suggest taking a look around some other threads on the forums to get an idea of the content and format of defences.
                      The court will not take any action on Lowell's " on hold " statement as it is " informal".

                      nem

                      Comment

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