Recieved Claim Form What now?

by shaunob1uk Mon Jul 22, 2019 12:09 pm

Hello,
I used to be a member of the original GOODF forum. I successfully beat 3 CCJ attempts in the past. Now a new claim form has come through my letter box and I went to find the usual helpful forum post from an old member called Tiggy. To my surprise the whole site has been taken over by some corporation.

Anyhow I now have lost all the information can someone point me in the right direction. I need the defense letter and the general procedure as I can't remember it completely. Also I have looked over the forum here but can't seem to find the right place to start.

Thanks Smile

by shaunob1uk Mon Jul 22, 2019 12:22 pm

Just to add the claim is for £542.02 from Three Mobile. I have 7 days left to respond Smile

by **daveiron** Mon Jul 22, 2019 12:52 pm

More info required please.

by shaunob1uk Mon Jul 22, 2019 1:15 pm

Hi,
I received a claim form from the county court business centre Northampton.

The address for sending documents is stated as Lowell Solicitors Limited. They are alleging that I owe money for a debt originally from an account held with Three mobile for £435.54. With interest totaling £21.48.

Under the particulars of claim the claimant has not been made clear It just states that Simon Plunkett is the claimant's legal representative.
I have found a previous later that states the debt is with Lowell financial.

I have not logged into the moneyclaim site to send acknowledgement. I have 7 days left to do so.

So I guess it is reply to claim form.
Submit a CPR18 request for further info to Lowell.
Submit Request for a copy of original agreement to Lowell? As I can not clearly establish who the claimant is?. Maybe I am missing something.
Then send defense in to moneyclaim?.

Please let me know if you need any further info?.

by shaunob1uk Mon Jul 22, 2019 1:17 pm

I have found out that the claimant is in fact Lowell Portfolio I LTD and not Three mobile so debt was obviously sold off.
I have also had ZERO contact with Lowell other than their normal harassment letters alleging a debt with them which to date I have ignored.

by **daveiron** Mon Jul 22, 2019 1:35 pm

I would think you have it about right , You need copy of original contract, statements ,what they are disputing.
I would also send a SAR to Three Mobile, & request a signed statement from them that no insurance claim has been made in respect of this alleged contract. It is after all standard business practice to insure against bad debts. Who knows the original contract may not exist any longer.

by shaunob1uk Mon Jul 22, 2019 1:37 pm

Thank you for your help and quick reply. Is there a template letter for a SAR that I can use to send the SAR request to Three. Or a quick guide to what to say in the letter. With the correct legalese.. Also at what stage in the process should I send the SAR in.

by **daveiron** Mon Jul 22, 2019 2:02 pm

Hi ,Re the sar just word it along the lines of ; This is a subject access request under the Data Protection Act.
Please supply any and all Data you hold for ( name) .All Data should be supplied in a format that does not require specialist equipment for assess.
Anything along those lines & send it now ,email it if you like. It is now free.

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