3 and Lowell

[harruhurry]

I had two contracts with 3 in 2007.within the 14 day period I cancelled both contracts however one contract had one game downloaded from it.When I spoke to 3 customer services they will cancel contracts,months later one contract was cancelled and other contarct was carried on for about 4 months acuuring according to them for about 172.50 with NO usage - i suppose line rental. Lowells bought this debt and are pursuing me this so called debt.They have issued proceedings I have defended the claim and on allocation that the judge ordered they provide copy of agreement,default notice and notice of assignment and they have failed to file and serve these papers.However they have paid £55 for the hearing.

Lowells are demanding about £450 costs etc
how can i defend this , I dont want to pay them when i do not owe them money.
What should be my next step

- hearing in early Jan 2014

Please help.
Thanks in advance for your help.

[Roy Clayton]

Re: 3 and Lowell

They will argue that there is no need for a contract and by inserting a SIM card into the phone you accepted their terms and conditions. They will argue that no default notice is required because mobile phone contracts are exempt. They will produce a copy of a Notice of Assignment although you will have probably never seen it before. Be careful they are experienced and in my original case the Judge lacked experience in commercial litigation. It took an experienced Appeal Judge to recognize that the NOA was not genuine. In the words of that Judge he was troubled by the evidence provided by Lowell. I would try and get a copy of Lowell's computer records as you will find all the information deleted or you may find that the dates of the default and purchase don't match with what they produce for the courts. I would do a SARS request by recorded delivery and request the records but they have 40 days so they may stall you long enough. You could read my threads and get an insight. Good luck