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  1. #1
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    Default Claim form - Lowell Portfolio / Lowell solicitors.

    Hello everyone, I was wondering whether I could engage some help / advice.

    A few years ago, T-Mobile started overcharging their clients on their telephone bills, there's been press releases about this. Admittedly, I don't know if my mother was included in the cohort of over charged. My mother had a contract with them @15£ a month. One month, T-Mobile randomly sent her a bill for ~200£.

    Basically, she is adamant she didn't make or use her phone to that value. We attempted to resolve the matter with T-Mobile by asking them to send an itemised bill, which they refused/ failed to send.

    Fast forward two years and multiple different agencies trying to collect the debt, lowell have sent a county court claim and I am just wondering what our options are. Shall we pay or fight this one?

    Any help appreciated. Claim form attached.
    Attached Images Attached Images
    Last edited by cptsam; 16th February 2017 at 11:24:AM.

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    I figured it'd be relevant to mention - my mother acknowledges she owes some money ie the 15£ monthly line rental. However, not the amount being claimed.

    That in mind, do I submit full defense or partial debt?

  3. #3
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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    Any advice?

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    Default Claim form - Lowell Portfolio / Lowell solicitors.

    I made a post in another section which doesn't appear to be attracting any replies...so I thought it might help if I posted here? Sorry if I end up irritating anyone!

    Hello everyone, I was wondering whether I could engage some help / advice.

    A few years ago, T-Mobile started overcharging their clients on their telephone bills, there's been press releases about this. Admittedly, I don't know if my mother was included in the cohort of over charged. My mother had a contract with them @15£ a month. One month, T-Mobile randomly sent her a bill for ~200£.

    Basically, she is adamant she didn't make or use her phone to that value. We attempted to resolve the matter with T-Mobile by asking them to send an itemised bill, which they refused/ failed to send.

    Fast forward two years and multiple different agencies trying to collect the debt, lowell have sent a county court claim and I am just wondering what our options are. Shall we pay or fight this one?

    I figured it'd be relevant to mention - my mother acknowledges she owes some money ie the 15£ monthly line rental. However, not the amount being claimed.

    That in mind, do I submit full defense or partial debt?

    Any help appreciated. Claim form attached.
    Attached Images Attached Images

  5. #5
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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    tagging @Diana M @Amethyst xx

    :welcome: to LB @cptsam ... :sorry: your 1st post was missed!!

    Here's a link to your first steps to go through while you're waiting for replies http://legalbeagles.info/forums/show...it-Court-Claim (although you won't need to send a CCA request as they don't cover phone contracts)

    K xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

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    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

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  6. #6
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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    As the claim form is dated 13 February 2017 the acknowledgment of service is due to be filed before 4pm on 4 March 2017 and the defence befoe 4pm on 18 March 2017.

    I would suggest filing g the acknowledgment of service within the next few days to get it out of the way. If you indicate that you are disputing the full amount then that leaves your options open.

    On the other hand if you admit the amount you think you owe then the claimant may well accept that and ask for Judgment (CCJ) to be entered for that amount. However be aware that if you pay a CCJ more than a month after the judgment date, it stays on your credit history for six years


    Send a CPR 31.14 request to Llowells solicitors requesting a copy of any documents mentioned in the particulars of claim ie. agreement, assignment, termination notice - LB has a template you can use.

    I would think that they will probably accept a settlement offer because it costs them to proceed with the claim In which case a Tomlin order may be able to be agreed whereby the agreed sum is paid in monthly installments with no county court Judgment being entered against your Mum.
    I am a solicitor who specializes in consumer credit and my firm is Joanna Connolly Solicitors. My leading case of Carey v HSBC set the legal precedents for creditors compliance with s.77 & 78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court. Any posts I make on Legal Beagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https/www.citizensadvice.org.uk

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    Hello, thank you for responding, I very much appreciate it.

    I've submitted the acknowledgement so that gives me time to submit a further part admission later. Shall I send CPR 31.14 via post asking for a statement? As we are yet to receive one. However, t-mobile, to date have refused to provide us a breakdown.

    What shall I include as part admission 15£ only or include the court fees?

    Whilst filling out the CPR 31.14 I wasn't sure what to put here:

    Code:
    NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM - eg. IF THEY DON'T MENTION ' DEFAULT NOTICE' YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT - ask for the CONTRACT...IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!) 
    for EXAMPLE
    1. Agreement / Contract
    2. Default Notice 
    3. Assignment
    4. Formal Demand
    Also, do I need to include this section or fee?

    Code:
    For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, XX XXXX 201X.
    Last edited by cptsam; 18th February 2017 at 19:48:PM.

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    Hi. Can anyone provide any guidance please? I'd like to get the paperwork submitted as soon as possible.

    Thanks.

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    slow down file the day before which will stop them producing any vital evidence to make your defence useless etc more haste = less speed learn from others mistakes

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    Thanks @MIKE770

    Right...Sounds pragmatic. Any ideas as to when I should submit the CPR then?

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    CPR 31.14 Request get it off post haste 1st class recorded = you were advise 18 th february to do so

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    Hi @MIKE770. Yes I was advised to do so. However, I had the sections above that I was unsure of how to complete.

  13. #13
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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM - eg. IF THEY DON'T MENTION ' DEFAULT NOTICE' YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT - ask for the CONTRACT...IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!)for EXAMPLE
    NB: ONLY LIST HERE DOCUMENTS THAT ARE MENTIONED IN THE PARTICULARS OF CLAIM ON THE FRONT OF THE CLAIM FORM - eg. IF THEY DON'T MENTION ' DEFAULT NOTICE' YOU CANNOT ASK FOR IT UNDER CPR 31.14, IF THEY MENTION CONTRACT rather than AGREEMENT - ask for the CONTRACT...IF IN DOUBT TYPE OUT THE PARTICULARS OF CLAIM AND ASK ON THE FORUM.( and remove this paragraph too!!!!)for EXAMPLE

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    @MIKE770 thanks so much for your help. I assume that I should be asking for an agreement then (as per attached in OP).

    Do I need to ask for the assignment? They did mention it was later "assigned"

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    Really sorry for seeming dense. This is the first time I'm doing anything like this.

    In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

    Do I need to enclose a fee? Particularly considering "For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, XX XXXX 201X."

  16. #16
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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    agreement their wording on the N1 form

    notice of assignment

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    Sorry @milke770 seems to have been a cross over between your post and my double post...

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    no fee for CPR31.14 to solicitors

    CCA1974 request is a £1.00

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    Thank you so much. I will be sending this letter off tomorrow and keep the thread updated of any further movement.

    In the meantime, do I need to submit anything else on MCOL? I've submitted an acknowledgement but that's it.

  20. #20
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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    13th march your defence , send via MCOL the day before, peeps will advise you on here if you ask

    - - - Updated - - -

    First Steps have you read this?

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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    @MIKE770 admittedly, I had not seen the first steps. However, I have just given it a read over. Very helpful, thank you.

    So, 12th March, I will submit partial 15£ which was the monthly fee or full defense?

  22. #22
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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    Quote Originally Posted by cptsam View Post
    @MIKE770 admittedly, I had not seen the first steps. However, I have just given it a read over. Very helpful, thank you.

    So, 12th March, I will submit partial 15£ which was the monthly fee or full defense?
    b
    yes full defence Di will advise no doubt!

  23. #23
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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    And my defense would be what exactly? That when we requested an itemised bill T-Mobile refused to do so? @MIKE770

  24. #24
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    Default Re: Claim form - Lowell Portfolio / Lowell solicitors.

    Defence Example this would be adjusted to suit, you really need to look around the threads on this site and look at telecon etc threads to get the idea and adjust to fit your situation! you have the time to look around before submission

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