Lowell again court claim

Pandora1364

Hi Everyone, I Just wanted some clarification on this matter please.
I had a 3 contract for many years which has been paid in full and is still active and now on a rolling contract.
At one point during the contract terms, 3 accidentally started a new contract to gain a phone upgrade for me in order to avoid upfront costs which was putting me off an upgrade at that stage. The pushy sales rep in the shop made it seem like they were simply waiving the deposit rather than setting ap a 2nd contract.
I spotted this, called them and they cancelled the contract..Or so I thought!
It was never done, they sent a default invoice of the entire term amount outstanding and had not listened to my explanation, despite my proof I had an existing contract now renewed and up to date.
Finally the debt reached Lowell who have taken it to the Money Claim stage which I defended.
I sent SAR but despite them saying they would obtain the contract, they haven't.
They tried to deceive me by sending the original giro payment invoice which was the only way I was initially made aware of 3's error. I did not sign a 2nd contract.
Surely this single COPY of a bank giro slip is not the proof required as its a 'snapshot' of the original mistake?
Now they have sent a TOMLIN ORDER as if from the court for me to sign. They even sent a document to mediate..Again in Court format but from then. I did receive the actual court one later and declined mediation as I don't owe this money. They had even pre-filled my acceptance and were pushing me to sign. All of this, they claimed was not to waste court time!!
So my question becomes.. If they won't provide the Contract (which clearly does not exist.. )
Do I simply continue to ignore this behaviour? (I have not heard of a court date yet but Lowell say there is one (again there word but nothing from the court who reckon they are waiting on the Claimant's £55 fee for the hearing.)
Lowell aren't judge and jury, just debt collectors behaving in what appears to be a very parasitic style, so why do they pretend to be forwarding Bonafide Court documents??
Advice much appreciated.

Stevespy

Lowell are "Zombie" Debt Buyers. They pay 12% of the value and then try to resurrect the whole debt. That is trying to profit out of litigation which is not allowed.

The normal way to beat Lowell and other debt buyers is with a CPR-18 request. Ask them for the "DEED of Assignment", when they don't comply with a CPR-18 request, you ask the court to order them to:

Dear Sirs,

Re: (Claimant's name) v (Your name) Case No:

CPR18 Preliminary Request for further information / clarification

On the --/--/ 2019, a Claim Form in this case issued by you out of the Northampton County Court without any supporting evidence.

I confirm my intention to contest your entire claim.

I have requested that you supply me with the documents listed below on no less than 3 separate occasions. Those requests have been ignored.

Please treat this letter as my Preliminary Request for further information made, under CPR Part 18 for the following, including any documentation mentioned within the particulars of Claim, for which I request the production of a verified and legible copy) please accept this request by way of Service upon You:

1.The agreement, including the specific Terms at the point the alleged Agreement was made and any subsequent changes. You will appreciate by reason of the provisions of CPR 39.a (3.3) requires The originals of the documents contained in the trial bundle, together with copies of any other court orders should be available at the trial. Further, that any general conditions incorporated in the contract should also be attached.

2. The deed of assignment.

3. All notices of assignment.

4. The default warning letter.

5. The default notice.

6. Termination Notice.

7. I deny any indebtedness to the Claimant but particularly deny they are due statutory interest on the alleged amount, as such I request full disclosure of the amount the Claimant alleges to have paid for this alleged debt.



You should ensure compliance with your CPR 18 duties and ensure that the information I have requested is collated and received by me within 14 days of receiving this letter. Failure to produce the information requested will result in an Application to the Court to order the information be provided.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

Yours faithfully

Letter to court to order them to:

Dear Sir/Madam,



RE: Claim number:....................

I would like to ask the court to consider ordering disclosure of the documents that I have asked the claimant to provide on three previous occasions.

The documents I have requested are:

1. Copies of any contract or agreement with evidence of signatures binding the parties in agreement and that any general conditions incorporated in the contract should also be attached.

2 . Deed of Assignment,

3. All notices of assignment.

4. The default warning letter.

5 . The default notice.

6. Termination Notice.

7. I deny any indebtedness to the Claimant but particularly deny they are due statutory interest on the alleged amount, as such I request full disclosure of the amount the Claimant alleges to have paid for this alleged debt.

Kind Regards,

[Your Name]


If they don't comply with the courts instruction to disclose the document (that they don't have) ask for the claim to be struck out.

sourcrates

We move posts if we believe they will get more help elsewhere.
You had posted in the challenges forum, so I have moved it to the more appropriate debt free wannabe forum.

sourcrates

Hi,


Things are made slightly more difficult when its a mobile airtime agreement, as you do not sign a physical contract anymore, not since the mid 90`s if memory serves me, basically acceptance and use of the phone, is deemed to be accepance of the contract.

If this new contract had a different sim card, ie phone number, attached to it, and that was never used, then that would be evidence in your favour.

I have seen cases such as this before where shop staff have just gone off the reservation in order to obtain their commision on a new contract, it puts you in a very difficult situation, as the staff wont admit to fraud, so it all comes down on your head.

If push comes to shove, you may have to take your chances infront of the bench and explain events as you have done here.

Definetly keep denying the debt to Lowell, there is a chance they will not pursue it if you do so, ultimitly though, you may have to take your chances with the judge.

WhenIam64

CPR 18 does not apply to the Small Claims Track where Lowell usually hang out. You have to look at CPR 27.2

By all means ask for the information but no need to misquote the CPR. If the information is not forthcoming, you can refer to this in a defence. A procedural judge may order it - para 3.

But it will usually be available at the Witness Statement stage, some 14 days prior to a hearing.

These volume debt buyers / volume solicitors (Lowell usually use BW Legal) just play the system and so minimum work.

Extent to which other Parts apply
27.2

(1) The following Parts of these Rules do not apply to small claims –

(a) Part 25 (interim remedies) except as it relates to interim injunctions(GL);

(b) Part 31 (disclosure and inspection);

(c) Part 32 (evidence) except rule 32.1 (power of court to control evidence);

(d) Part 33 (miscellaneous rules about evidence);

(e) Part 35 (experts and assessors) except rules 35.1 (duty to restrict expert evidence), 35.3 (experts – overriding duty to the court), 35.7 (court’s power to direct that evidence is to be given by single joint expert) and 35.8 (instructions to a single joint expert);

(f) Subject to paragraph (3), Part 18 (further information);

(g) Part 36 (offers to settle); and

(h) Part 39 (hearings) except rule 39.2 (general rule– hearing to be in public) and rule 39.8 (communications with the court).

(2) The other Parts of these Rules apply to small claims except to the extent that a rule limits such application.

(3) The court of its own initiative may order a party to provide further information if it considers it appropriate to do so.

Pandora1364

Thanks to all for your advice.
I stuck to my guns.
They tried to force all sorts pretending court hearings had been made etc. Pre-filling their own Mediation court form for me to sign in agreement. I didn't... I printed my own forms. Did not agree mediation and sent to court direct.
They sent bank giro credit slips instead of contracts etc..I awaited the so called 'May hearing' that they made out was imminent and that I SHOULD avoid wasting court time!!! There was no hearing scheduled...Court wrote to me saying they were awaiting Lowell's fee Lol..
At the 11th hour they discontinued.
I felt every low, deceptive tactic was used here. Beware.. but I got my justice at last!
Sincere thanks to all on here!

WhenIam64

They sent bank giro credit slips instead of contracts etc..I awaited the so called 'May hearing' that they made out was imminent and that I SHOULD avoid wasting court time!!! There was no hearing scheduled...Court wrote to me saying they were awaiting Lowell's fee Lol..
At the 11th hour they discontinued. I felt every low, deceptive tactic was used here

To a certain extent this indicates they weren't going to go to court anyway. They won't want their behaviour scrutinised by a judge and costs awarded against them. Though costs are capped in the small claims track, judges can and do use their discretion when they see an abuse of [court] processes.

It's all tactics up until the court door and it is cheaper to scare than to pay the court fee.

For any coming along, it pays to ask the creditor for an early discontinuance on a "dropped hands" basis just to test. Defendants are at liberty to take liberties too.

freddieD

Hi,
Very interesting. At what point is this done, after you receive a summons? Do you have to have exchanged correspondence with them before, like sending a Prove-it letter?
So far, I have only received a one page letter saying there is a CCJ, which I have never seen (I have been living out of the country). No reply form, statement of account, etc.
Thanks

sourcrates

freddieD wrote: »

Hi,
Very interesting. At what point is this done, after you receive a summons? Do you have to have exchanged correspondence with them before, like sending a Prove-it letter?
So far, I have only received a one page letter saying there is a CCJ, which I have never seen (I have been living out of the country). No reply form, statement of account, etc.
Thanks

This is prior to court action, you, apparently, acording to Lowell, are past that stage.

99_wombats

Hello. I too began receiving the "you owe us, for a debt we puchased" blah, blah, blah..

Lowells sent me a letter March 2018 (same pattern as the original poster) the debt did not exist, but they still waffled, wasted time, threatened court, produced no evidence, issued proceedings, wrote more than 30 letters, (they didn't pay any court fees) court judge at an early stage, rebuked them and said they'd be liable for all my costs, if they didn't pay the court fees before the scheduled hearing date, in May 2019.

They sent me pre detailed legal forms to sign 6 times. They then discontinued the case, before the hearing date. The Judge ordered they pay my costs.
So, now I have a judgement against Lowell Portfolio I Ltd ......

It's indeed a pity, the same conduct they throw at others, cannot be used upon them.