Lowell claim form received from court

[charitynjw]

Re: Lowell claim form received from court

If your talking about with orange then absolutely there was obviously a contract with them
Yes, originally.
which isn't on my credit file, and was for s balance much much less than being claimed by lowells. however the info in post 19 is relating to lowells I've never had any correspondence with them or acknowledged any debt
It would seem that Lowell has purchased the alleged debt.

Generally, mobile 'phone debts are from bog-standard utility bills.
However, a few have loan agreements attached.
If so, they are regulated (or part-regulated) by the Consumer Credit Act.
It's worth checking anyway; Orange (now part of EE) can easily tell you.

[J03anderson]

Re: Lowell claim form received from court

Hi guys so this morning I contacted the money claim helplesk as I couldn't remember password, they have verified that I have acknowledged the Claim and I have contested the full amount, they said I have until the 16th to file a defence which I can do via email

[J03anderson]

Re: Lowell claim form received from court

hi guys just wondering if anyone can help me prepare a defence to submit to the courts, do I base this on the lack of information provided ((CPR 31.14 & CPR 18) and do I send a copy of the letter I received to the court along with my defence, also am I right in thinking I just send this straight to the courts and not to the solicitors??. I'm also presuming that the letter I received was a response from both my letters as I have not received anything else.

is there a template?

[nemesis45]

Re: Lowell claim form received from court

hi guys just wondering if anyone can help me prepare a defence to submit to the courts, do I base this on the lack of information provided ((CPR 31.14 & CPR 18) and do I send a copy of the letter I received to the court along with my defence, also am I right in thinking I just send this straight to the courts and not to the solicitors??. I'm also presuming that the letter I received was a response from both my letters as I have not received anything else.

is there a template?

Good morning,

Take a look at the defence templates in the green box at the top of " court claim " forum to get an idea of content and format make a draft and post here then we can go through it with you.

nem

[J03anderson]

Re: Lowell claim form received from court

forgive me if I come across as thick but the templates are just confusing to me and seems to not have much relevance to the CPR 31.14 & CPR 18 ive no idea what I'm basing my defence on ? !! sorry , is there anyone else who has composed and posted a defence in similar circumstances as me which I could copy? ?

[charitynjw]

Re: Lowell claim form received from court

Have you contacted Orange/EE (see post #61)?

[J03anderson]

Re: Lowell claim form received from court

Have you contacted Orange/EE (see post #61)?

hi, no I haven't contacted them as of yet in all honesty I totally forgot, I'm crapping myself a bit now as I only have a few days left and I haven't got the first idea of what to submit to the court

[charitynjw]

Re: Lowell claim form received from court

If it were me I'd do so asap.
Many a court claim has been stopped in their tracks due to non compliance with a CCA request.
& if it is applicable & you don't enter it as part of your defence now, amending the defence later could be more difficult (& expensive).
But in any event, you must file a defence on time.

[J03anderson]

Re: Lowell claim form received from court

ok, but I only have 3 days to submit a defence so where does that leave me if it is relevant to my case??, and if its not whats the backup plan as id rather have that ready to fire straight off if orange say it is not regulated (or part-regulated) by the Consumer Credit Act.

[charitynjw]

Re: Lowell claim form received from court

ok, but I only have 3 days to submit a defence so where does that leave me if it is relevant to my case??,
They would have to comply with your CCA request within 14 days (12+2 for post), otherwise they cannot enforce the debt until/unless they do comply.
Plus, once your defence is filed, they are usually instructed by the court to reply within 28 days.
That will put pressure on them; normally if they don't (or can't) reply, the case is stayed.
and if its not whats the backup plan as id rather have that ready to fire straight off if orange say it is not regulated (or part-regulated) by the Consumer Credit Act.
Go with what you've got; Claimant/solicitors haven't responded to your CPR 31 & 18 requests for information.

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[J03anderson]

Re: Lowell claim form received from court

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ok so ive checked with orange and apparently there was not a credit agreement attached to the account

[J03anderson]

Re: Lowell claim form received from court

forgive me for being a pain but when I look at the example defence letters I'm just at a complete blank ive no idea which parts are relevant to my case !! sorry! I want to get this sent off tonight as I'm not sure ill get a chance otherwise , my defence has to be submitted by Wednesday!

[charitynjw]

Re: Lowell claim form received from court

Hi JO3

My internet connection has been down since Monday.
Did you send anything yet?

[J03anderson]

Re: Lowell claim form received from court

Hi JO3

My internet connection has been down since Monday.
Did you send anything yet?

Apologies , yes I have sent off my defence reluctantly without having it checked over but its gone anyway, the courts wrote back and told me that they had sent it off to lowells / cohen cramer and they had so long to advance the claim or it would be stayed, they told me to call them on the first Friday in December to see where the case sits, I will inform you's further if I get anything in the meantime but now I guess I just have to wait and hope they don't proceed,

[charitynjw]

Re: Lowell claim form received from court

Yes, the ball is now in their court. (No pun intended, lol!).
You might get some contact from Lowell in the interim; they often send an offer of a reduced payment 'to settle out of court so as to avoid the stress, etc'.
Btw, if they don't respond to their court instructions within the timeframe, the case is often 'stayed'.
You will not be informed of this, so do 'phone the court as suggested.