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  1. #1
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    Default Court claim from lowell solicitors

    CN anyone advise me please I have had a letter from northampton court from lowell solicitors about a phone contract that my grandUghter took out but I agreed to let her pay through my bank she stopped paying the contract because there were message that she was being charged for that she hadn't sent .I told her to remove the sim and not to use it which she did and messges were still being sent while her sim wasn't in her phone she explained this to the phone company and refused to pay anymore .lowell say they have assigned the debt but I have not had an account so I sent acknoledgement online to court and a letter asking for details of assignment and contract which they say they dont have to give me I quoted cpr 18etc saying they would have to produce them in court but they only gave dates on which they assigned the debt and that I should look on the phone companies website for terms and conditions what should I write back to them.

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    Default Re: Court claim from lowell solicitors

    Hi Alibob1956

    When was the court claim issued? (Front of the N1 court claim form)

    Could you also post up the Particulars of Claim, also front of N1, or type it verbatim, with all personal data removed.
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

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    Default Re: Court claim from lowell solicitors

    Thanks for replying the date on n1 is 14 dec I replied to acknoledge on the 28th dec.
    The defendant entered into an agreement with ee ( formerly T-Mobile ik ltd) under account ref. ( the agreement). The defendeant failed to maintain the required payments and a default notice was served and not complied with .The agreement was later assigned to the claimant on 30/09/2014 and notice given to the defendant .Dispite repeated requests for payments the sum of £255.27 remains due and outstanding.And the claimant claims a) the said sum of £255.27.B) interest pursuant to s69 county courts act 1984 at the rate of 8percent per annum from the date of assignment to the date of issue, accuring at a daily rate of £0.056, but limited to one year, being £20.42 C) costs. I have also had a reply from lowell solicitors dated 6th jan but I have only received it today .it reads we note your intension to defend th claimand confirm we have received your acknowledge of service which provides a further 14days for youto respond to the claimform appropriately.as this account is a telecommunications account it is not regulated by the cosumer credit act 1974 therefore the original creditor is not obliged to provide you with a copy of the agreement or default notice, please refer to the ee limiteds website for their terms and conditions .the account refers to an account opened 16 dec 2010 for a cotract number of 07943194297.the last payment received towards the account was for £20 3rd june 2013 .the account defaulted and wasregistered on your credit file 10 feb 2013 for airtime debt of £255.27. We enclose herewith notice of assignment dated 8oct 2014 for your perusal. A county court claim has been issued14 dec 2016, you should read this carefully and reply to the claim.If you are admitting the debt in full and wish to pay in instalments,our team are available to complete the admission form response with you over the telephoneif you prefer. They can be contacted by calling the above numberbetween etc. Failure to respond to the claim within 14 days may result in us applying for a county court judgement (cc) in default to beissued against you with terms set out in court .This would mean further costs and could make it difficult for you to obtain credit.

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    Default Re: Court claim from lowell solicitors

    So you only have until Monday 16th Jan (4pm latest) to file an appropriate defence.

    CPR 18 isn't usually used for document disclosure.
    If it were me I'd send a CPR 31.14 to the solicitors listed on the N1 court claim, asking for a copy of the agreement, the Terms & Conditions which are applicable, & the default notice, all per the Particulars of Claim (Imho, T&C's are part of an 'agreement'.)
    Send asap (at least then in your written defence you can say you sent it on (date) & are awaiting a reply).

    Do you have written proof of the dispute with T-Mobile?
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

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    Default Re: Court claim from lowell solicitors

    No it was me that signed I only agreed to let my grandaughter pay through my bank

    - - - Updated - - -

    Sorry it wasn't me who signed

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    Default Re: Court claim from lowell solicitors

    Who's name is the agreement in?
    Your's, or grandaughter?
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  7. #7
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    Default Re: Court claim from lowell solicitors

    I did send this letter to lowell solicitors request for documents mentioned in a statement of case under cpr 31.14. On 28/12/2016 I received a county court claim form from yourselves of which I have a knowledged receipt indicating my intension to defend in full.to enable me tofile my defence and /or counter claim, I rquire inspection of documents you mention in your statment of case ahead of filing my case. 1agreement.2. Default notice.3. Assignment. I n accordance with cpr31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this cpr31.14 request. You should notethat this claim has not yet been allicated to a specific trackand the provisions of 27(2) are ofno effect. Had yourclaim not beenissued through ccbc the claimant wouldhave been obliged to attach copies ofthe documentsupon it relies to the particulars of the claim I, as defendant,am entitled to see the documentson which the claimant relies and whichyou will have to produce at trial disclosure at this stage will ebable me to fullyplead my case and further the overridding objective you shodensure compliance with your cpr31 duties and ensure that the documents I have requested are cooied to and receivedby me within 7 days of receiving this letter if you need more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under cpr15.5 so I may notify the court

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    Default Re: Court claim from lowell solicitors

    Its so long ago im not sure it could of been my daughter,

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    Default Re: Court claim from lowell solicitors

    Re CPR 31.14
    Ok, you didn't mention that in previous posts, but good.
    When was it sent?
    & do you have proof of posting?
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  10. #10
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    Default Re: Court claim from lowell solicitors

    29/ 12 2016

  11. #11
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    Default Re: Court claim from lowell solicitors

    No proof of postage only a letter back from lowell solicitors which says as it is a telecommunications account it is not regulated by the consumer credit act 1974 therefore the original creditoris not obliged to provide me with a copy of the agreement or default notice so please refer to ee ltd website for their terms and conditions. Goes on to say what the outstanding balance is the last payment date account number (which I can't confirm is true) they have included a page with assignment for perusal .

  12. #12
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    Default Re: Court claim from lowell solicitors

    It's a bit of a tangled web, isn't it?
    Grandaughter has a phone agreement which was (possibly) arranged by daughter, but you (Grandparent) pays for it.
    Was this with your knowledge & consent?
    What name did the bills have on them? (You, daughter, other?)
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  13. #13
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    Default Re: Court claim from lowell solicitors

    I have seen bills addressed to me .I did give permission for the payments to be made from my bank. And money was given to me from my grandaughter

  14. #14
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    Default Re: Court claim from lowell solicitors

    If the bills are in your name & bank details, & you have been paying them, I guess that puts you in the frame, in my honest opinion.
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  15. #15
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    Default Re: Court claim from lowell solicitors

    What should I do now

  16. #16
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    Default Re: Court claim from lowell solicitors

    You do need to put in some kind of defence.

    Do you have written proof of the dispute with T-Mobile?
    Letters from you (with proof of posting, if possible)?
    Response letters from T-Mobile (or maybe EE)?

    Did Lowells send any letters regarding the debt before the court claim was issued, threatening court action?
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  17. #17
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    Default Re: Court claim from lowell solicitors

    Yes I need a defence I have no letter about dispute with t mobile no response from t mobile and yes t here were letters from lowell threatening court action which I ignored because this wasnt mine and my daughter explained to t mobile that her grandaughter wasnt paying any more because the im wasnt in her phone yet messages were being sent to people when the sim wasn't being used by her has this was years ago and heard no more from t mobile we presumed that was the end of it and because lowell wrote to us we thought they weren't legally allowed to get the money as we have no contract with them

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