Hi I've been receiving letters from Lowell regarding a debt for a mobile phone account which isn't mine. I mistakenly decided to ignore the letters until county court claim has been started against me.

I've filled out the form online to give me some extra time to defend it and form a case but I'm hoping I can find a way to force them to annul or at least postpone the claim.

I've looked around here and apparently because it was a mobile phone contract, a CCA request letter would be ineffectual because it was a service agreement. So I'm thinking about sending them a "prove it" letter and possibly a Subject Access letter but I'm unsure of how effective this will be.

Any advice and suggestions would be greatly appreciated.

Also, Lowell have put a default notice on my credit card report which is what I was wondering if they can legally do that without any proof?

lets go back a few paces and can you tell us when this all started and possibly why? Is it a case of identity theft or incorrect details for another person.

Lowells will have had the debt assigned to them so did you receive that letter.

What is on your credit reports and from when?

Now you will need to do a SAR to the originator of this debt/contract to find out how it all came about and how they got your data confused with someone else if that is what has happened. Whatever the rerason they should send you copies of everything they have filed under your name

Also send Lowell's a CPR 31.14 request for documents asking to see the original contract, the original default notice and the notice of assignment that should have been sent when they bought the debt. If someone has used a tracing service to get your address as they received no response from the debtors address or lacked the correct details then they will be owing you a lot of money.

As for filling the form in, you hopefully have acknowledged the debt ad that gives you a month overall to submit a skeleton defence.

Unfortunately no-one has to respond to your SAR within 40 days so you will have to use a formulaic defence for the moment

Yes send the SAR today - to the mobile phone company. Who are they?

I'm not sure what it's for. It doesn't say. I did have an account with the provider years ago but the contract term ended and I cancelled the account.

Ok so I'll send a SAR to the phone company and a CPR 31.14 request to Lowell today. Is there anything else I can do at this stage?

On the CC claim form I declared that I intend to defend all of this claim. Am I able to change this decision before I submit my defence in case I am liable for some of the debt? Or was I too hasty in order to buy time?

We have asked you who the phone company is. Are you saying that you don't know?

The account was originally from Vodaphone but that's all it says. It doesn't say what the charges are for.

I'm tempted to just settle with them but it's a lot for something I don't believe I should have to pay and I don't want it to affect my credit rating.

Any ideas?

If I did decide to settle with them just to save the hassle, what would be the best course of action for removing the default and minimising damage to my credit score?

If it is on your credit file then there is nothing you can do. They would rather do something very nasty and rude to their own granny or else cut off the legs of their own children than clean up your credit file.

You've done the right thing by acknowledging the claim – but I think that you now need to find out more about it. You think that the account wasn't yours – but you used to have an account with Vodafone which you cancelled. Vodafone have a shocking customer service and the systems are in a complete mess. They're probably a bit better now than they were a few years ago and they have been fined colossal amounts for the way they handle themselves and also the way they handle their complaints

It is entirely possible that you did cancel and then maybe there was a bit left over and they started pursuing you for that. There really isn't very much you can do without getting the information you need.

Hi and Welcome to CAG

I have moved your thread to the appropriate forum...please continue to post here.

If you could read the following link and then copy and paste the Q,s and your responses back here so we have all the information in one post.

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2018**

Reagrds

Andy

Apologies to the other site team members for me jumping in on this thread.

To be clear, Lowell didn't place the default, Vodafone did and when Lowell bought the debt, they were then entitled to place their name on the default instead of VF.

Absolutely yes. Send the SAR. If you fail the identity check, VF will not supply anything but that will add to your defence. Make sure that you follow all timescales to get your initial defence in.

Now, VF are notoriously bad at record keeping and a few years back, they completely screwed up when they transferred their old system to a new one. It could be that this file was one of the ones screwed up. If you were a VF customer (why?) Vf's systems couldn't recognise cancellations.

One very small glimmer. I have seen quite a few cases where Lowell have taken court action, the case has been discontinued due to a lack of essential information. Also [and I'm not entirely sure they still do this] VF would add administration fess of 15% or £100 whichever was the lowest when they passed a debt on. These admin fees were unlawful as they didn't reflect the true amount of admin work involved. Hopefully the SAR will show what is what.

Jumping out again

Please get post 8 done

Sorry but can't see the point of an sar

That's what the CPR 31:14 is for

So I received a reply back from Lowell and they said:

"We confirm receipt of your letter requesting a copy of the agreement, assignment and default/termination notice in respect of the above account. Furthermore was can confirm the account was actioned appropriately following receipt of your acknowledgment of service.

As this account is a telecommunications account it is not regulated by the consumer credit act 1974 and therefore the supplier may not have retained a copy of the agreement. The terms of such an agreement are deemed to be accepted when the deal on the sim card is broken and it is inserted into the mobile device. At this point calls can be made and received and access is available to other facilities that may have been provided as part of the terms. You can view up to date terms on the supplier's website.

A default notice is a technical document which is applied to a credit agreement should the customer fail to repay their account over a prolonged period of time. As mobile phone have a service agreement, a default notice does not apply and is therefore not issued. We have enclosed a copy of the notice of assignment as requested."

The rest of it isn't important.

------------------------

Particulars of Claim:

1) The Defandant entered into an agreement with vodafoneicon under account reference 0000000000 ('the agreement').

2) The Defandant failed to maintain the required payments and the service was cancelled.

3) The agreement was later assigned to the claimant on 31/08/2017 and notice given to the defendant.

4) Despite repeated requests for payment the sum of 201.09 remains due and outstanding.

And the Claimant claims

a) The said sum of 201.09

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum to the date of issue, accruing at a daily rate of 0.044 but limited to one year being 9.52

c) Costs

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?

What is the value of the claim?

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?

When did you enter into the original agreement before or after 2007?

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.

Were you aware the account had been assigned – did you receive a Notice of Assignment?

Did you receive a Default Notice from the original creditor?

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

Why did you cease payments?

What was the date of your last payment?

Was there a dispute with the original creditor that remains unresolved?

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?

----------------------------------------------

I'm at the stage where I want to start a defence but I'm unsure how to and effectively go about this?

Is there a particular way that I can get the court to adjourn and go down a complaints route with more time to spare?

Ultimately I just want this default removed. It's clearly falsified but I want to make sure that when I get it removed they won't put one back on. If possible I'd like to avoid paying for anything as I don't think I owe any of it but if need be to just quickly end the ordeal I'm willing to settle but only at no affect to my credit report.

Any ideas as to how I best go about this?

I'm at the stage where I want to start a defence but I'm unsure how to and effectively go about this?

Is there a particular way that I can get the court to adjourn and go down a complaints route with more time to spare?

 

No you cant adjourn....the best route to gain extra time is to defend all

 

Ultimately I just want this default removed. It's clearly falsified but I want to make sure that when I get it removed they won't put one back on. If possible I'd like to avoid paying for anything as I don't think I owe any of it but if need be to just quickly end the ordeal I'm willing to settle but only at no affect to my credit report.

 

Well settling wont amend your credit files...even defending may avoid a CCJ but not correct your files

 

Any ideas as to how I best go about this?

Start looking at some previous defences.....

https://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

How is this for a defence? Will this be okay for me? It's an amalgam of two similar cases from the forums.

Particulars of Claim:

1) The Defandant entered into an agreement with Vodafone under account reference 0000000000 ('the agreement').

2) The Defandant failed to maintain the required payments and the service was cancelled.

3) The agreement was later assigned to the claimant on 31/08/2017 and notice given to the defendant.

4) Despite repeated requests for payment the sum of 201.09 remains due and outstanding.

And the Claimant claims

a) The said sum of 201.09

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum to the date of issue, accruing at a daily rate of 0.044 but limited to one year being 9.52

c) Costs

The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

1. Paragraph 1 is accepted.I have in the past entered into a contract with Vodafone however I do not recall the exact details or recall any outstanding balance and have requested that the claimant verify the exact details of this claim by way of a CPR 31.14 request. The claimant has yet to comply.

2. Paragraph 2 is also noted but again I do not recall any breach and therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into a Agreement/Contract; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

3. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act.

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

5. Notwithstanding the above should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract, OFCOM guidance states that any Early Termination Charge that is made up of the entire balance of the remaining contract is unlikely to be fair as it fails to take into account the fact that the provider no longer has to provide and pay for their service.

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Date top right on claimform please

Issue date is 05 April 2018.

Would it be okay to include this paragraph to my defence?

7. It is noted that the claimant has issued a default on the defendant's credit file starting from Feb 2018, for the amout of £201. This amount is supposed to reflect the defendant's alleged balance but clearly the incorrect date and issued under the claimant's name, 'Lowell' which is again incorrect and unlawful. The default on the credit file for April 2018 was then increased to £285 to reflect the costs of legal fees for this County Court Claim. This figure does no longer contitute fees that the defendant has been shown to be liable to, which is clearly unlawful. As such the defendant demands that the claimant remove and strikeout the default altogether from the record unless accurate information is reflected, including but not limited to the sum, date and lender.

Alternatively this one?

7. It is noted that the claimant has issued a default on the defendant's credit file starting from Feb 2018, for the amount of £201. This was then increased to £285 to reflect the costs brought about by invoking this Court Claim.

Original Sum £201

Court Fee: £25

Legal representative's cost: £50

Total default sum £285

The default amount is not only unfit for this purpose, it does no longer constitute fees that the defendant has been shown to be liable to, which is clearly unlawful. As such the defendant demands that the claimant remove and strikeout the default altogether from the record unless accurate information is reflected, including but not limited to the sum, date and lender.

so due by 4pm Monday.

pers I would add either of those

just use our STD mobile defence .

less is MORE

Final draft

--------------------------------------------

Particulars of Claim:

1) The Defendant entered into an agreement with Vodafone under

account reference 000000000 ('the Agreement').

2) The Defendant failed to maintain the required payments and the

service was terminated.

3) The agreement was later assigned to the claimant on 31/08/2017

and notice given to the defendant.

4) Despite repeated requests for payment, the sum of £201.09

remains due and outstanding.

And the Claimant claims

a) The said sum of £201.09

b) Interest pursuant to s69 County Courts Act 1984 at the rate of

8% per annum to the date of issue, accruing at a daily rate of

£0.044 but limited to one year being £9.52

c) Costs

The Defendant contends that the particulars of claim are vague and

generic in nature. The Defendant accordingly sets out its case

below and relies on CPR r 16.5 (3) in relation to any particular

allegation to which a specific response has not been made.

1. Paragraph 1 is accepted. I have in the past entered into a

contract with Vodafone, however I do not recall the exact details

or recall any outstanding balance and have requested that the

claimant verify the exact details of this claim by way of a CPR

31.14 request. The claimant has yet to comply.

2. Paragraph 2 is also noted but again I do not recall any breach

and therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into a Agreement/Contract;

and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under

statute or equity to issue a claim;

3. On the alternative, if the Claimant is an assignee of a debt,

it is denied that the Claimant has the right to lay a claim due to

contraventions of Section 136 of the Law of Property Act.

4. As per Civil Procedure Rule 16.5(4), it is expected that

the Claimant prove the allegation that the money is owed.

5. Notwithstanding the above should the alleged amount claimed

include an early termination charge(s) amounting to the entire

balance of the remaining contract, OFCOM guidance states that any

Early Termination Charge that is made up of the entire balance of

the remaining contract is unlikely to be fair as it fails to take

into account the fact that the provider no longer has to provide

and pay for their service.

6. It is noted that the claimant has issued a default on the

defendant's credit file starting from Feb 2018, for the amount of

£201. This was then increased to £285 to reflect the costs brought

about by invoking this Court Claim:

Original Sum £201

Court Fee: £25

Legal representative's cost: £50

Total default sum £285

The default amount is not only unfit for this purpose, it does no

longer constitute fees that the defendant has been shown to be

liable to, which is clearly unlawful. As such the defendant

demands that the claimant remove and strikeout the default

altogether from the record unless accurate information is

reflected, including but not limited to the sum, date and lender.

7. By reason of the facts and matters set out above, it is denied

that the Claimant is entitled to the relief claimed or any relief.

I believe that the facts stated in this Witness Statement are

true.

Signed: Infused

Dated on the day 3rd of May 2018

Credit files have no connection to court claims........its irrelevant if its £200 or £285...a default is a default...the claimed amount is correct (in their opinion)...assuming they get judgment

Fair enough. I removed that paragraph and submitted it. Hopefully if I win I can get it removed.

Is there anything I should be doing now that it's submitted?

Thanks for the help and guidance.

No...the claimant has 28 days to consider your defence and decide if they wish to proceed with the claim..if not the claim is stayed.

I would take out the "I don't recall…" Stuff.

If you going to deny the debt then you simply should say the defendant "did not blah blah". If you say that you don't remember – then that means that you might have and you really not sure. This is definitely not the way to win a case

A little update on this case, I received a Directions Questionaire filled out by Lowell. How do I respond to this action?

Also, received back from Vodaphone the SAR form with my postal order enclosed. They refused the request on the grounds that I failed to identify myself. Should I retry now that GDPR is now in place?

You dont await your own n180 from the court