Thats fine cheddar ...you wont get a response anyway...so file it when your ready and if you are happy with the contents.

Thought as much, thank you ever so much for your help. I'll let the bf read over everything to make sure he's happy, then we'll file it.

I shall keep updating as and when required.

Thank you!

Thanks Andy, looks like I'd made a mess of it lol!

Lowlifes Solicitors have sent a letter, received today:

"27th January

We can confirm that your request for documents has been forwarded to our client and we will forward the documents to you upon receipt. This is unlikely to be within the 7 day deadline in your letter.

Please note that legal proceedings have now been issued against you and you should respond to the claim form."

So, do we still file the defence or wait longer? They haven't asked for an extension just that it's not going to be in the 7 days which was up on the 26th anyway.

Tried again

1. The Defendant does not recognise the debt from the details given in paragraph 1 of the particulars of claim

2. The Defendant does not recall receipt the default notice from the details given in paragraph 2 of the particulars of claim.

3. The Claimant states in paragraph 3 of the particulars of claim that the account was assigned from Vodafone to Lowell Portfolio I on 31/03/2014. The Defendant has not received any notification of this assignment.

4. The Defendant has never received the repeated requests for payment mentioned in paragraph 4 of the particulars of claim.

5. Despite a request for information from the Defendant (made under CPR 31.14), the Claimant has not provided any further details as to how the sums claimed have accrued or copies of any agreement between Vodafone and the Defendant.

6. Under Civil Procedure Rule 16.5 (4): Where the claim includes a claim for money, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed. No information has been given to the Defendant proving the alleged amount claimed.

7. 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.

8. 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.

He doesn't have a default notice in his possession and can't say 100% if he got one, he thinks he may have but can't be totally sure. Hence why I have worded No2 that way. Added a bit more to No6.

Ok, I'll wait until someone can comment on my defence. Or is no one commenting on it because it's totally wrong?

I'll get a fresh pair of eyes to look at this if needed.

Thanks guys

" Ok, I've got this as a defence so far, I've looked at SO many claims but barely any of them have a POC worded like mine "

 

 

There wont be...there all unique to the debtor/claim...same as are all defences:-)

I see many with the same wording, just not like mine. Or I thought so anyway.

Guess the info I'm reading just isn't going into my head for some reason.

Can anyone comment on the defence? Is it any good?

Ok, I've got this as a defence so far, I've looked at SO many claims but barely any of them have a PoC worded like mine

Particulars of Claim

1) THE DEFENDANT ENTERED INTO AN AGREEMENT WITH vodafone UNDER ACCOUNT REFERENCE **** ('THE AGREEMENT').

2) THE DEFENDANT FAILED TO MAINTAIN THE REQUIRED PAYMENTS AND A DEFAULT NOTICE WAS SERVED AND NOT COMPLIED WITH.

3) THE AGREEMENT WAS LATER ASSIGNED TO THE CLAIMANT ON 31/03/2014 AND NOTICE GIVEN TO THE DEFENDANT.

4) DESPITE REPEATED REQUESTS FOR PAYMENT, THE SUM OF £213.40 REMAINS DUE AND OUTSTANDING.

AND THE CLAIMANT CLAIMS

a) THE SAID SUM OF £213.40

b) INTEREST -£17.07-

c) COSTS

What is the value of the claim? £305.47

1. The Defendant does not recognise the debt from the details given in paragraph 1 of the particulars of claim

2. The claimant states in paragraph 3 of the particulars of claim that the account was assigned from Vodafone to Lowell Portfolio I on 31/03/2014. The Defendant has not received any notification of this assignment.

3. The Defendant has never received the repeated requests for payment mentioned in paragraph 4 of the particulars of claim.

4. Despite a request for information from the Defendant (made under CPR 31.14), the Claimant has not provided any further details as to how the sums claimed have accrued or copies of any agreement between Vodafone and the Defendant.

5. Under Civil Procedure Rule 16.5 (4): Where the claim includes a claim for money, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

6. 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.

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.

Let me know if this is ok and I'll get it sent off on MCOL as, of course, we've not had a reply from Lowlifes.

Thanks DX, I'll have a look through it all tomorrow, damn fibro.

Night all

Thanks Andy, I'll have to look at it tomorrow, looked at it several times today and getting nowhere, really bad brain fog going on! Hopefully tomorrow I'll have a clearer head on me.

Well they have 2 days so this is what I have so far:

Particulars of Claim...

1) THE DEFENDANT ENTERED INTO AN AGREEMENT WITH vodafone UNDER ACCOUNT REFERENCE **** ('THE AGREEMENT').

2) THE DEFENDANT FAILED TO MAINTAIN THE REQUIRED PAYMENTS AND A DEFAULT NOTICE WAS SERVED AND NOT COMPLIED WITH.

3) THE AGREEMENT WAS LATER ASSIGNED TO THE CLAIMANT ON 31/03/2014 AND NOTICE GIVEN TO THE DEFENDANT.

4) DESPITE REPEATED REQUESTS FOR PAYMENT, THE SUM OF £213.40 REMAINS DUE AND OUTSTANDING.

AND THE CLAIMANT CLAIMS

a) THE SAID SUM OF £213.40

b) INTEREST -£17.07-

c) COSTS

What is the value of the claim? £305.47

1. Paragraph 1 is neither admitted or denied with regards to the defendant entering into an agreement referred to in the Particulars of Claim (‘the Agreement’) the Claimant has yet to disclose any such agreement.

2. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant the claimant has failed to provide any evidence of assignment/balance/breach as requested by CPR 31. 14 and 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. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

4. 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.

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.

Will do my lovely, thank you!

Thanks for that link Andy and yes it's Lowlifes Solicitors Ltd

Just submit your defence on time.....you can refer to the CPR within your defence and the fact that they have failed to respond.

Is there a template for that or do I just put it in my own words?

I'm only asking as I know they won't send me anything.

So Lowlifes got the CPR request on the 19th January.

Am I right in thinking that they have to get a reply to me by the 26th?

What is the next stage if they don't?

Thanks SF, so the next step I see is as follows:

Acknowledge claim on MCOL and tick box to defend entire claim. -Done

Send CPR 31.14 request in the library. -Will send recorded tomorrow

Wait for a reply.

Doubt he would lose...because they will discontinue if you defend

I thought as much, thank you ever so much. Will make a donation soon

...then still pay the debt should you lose to avoid the CCJ...which I very much doubt you would.

You doubt he'd lose or doubt he'd avoid the CCJ?

I promise I'll do a ton of reading up before asking more stuff!!

Thank you Andy.

Thing is with this one the bf just wants to pay it, which is fine with me, I can just pay the lot.

But obviously we didn't know any of this was coming from Lowell,

he has had a couple of letters since moving in here over 3 years ago but that's it.

Would that change anything?

I know they'll just pull letters out their behind if questioned (seen it before).

If I remember rightly the CPR asks the solicitor for all documents yes? If so what is needed to actually enforce this debt?

Thank you

Posting on behalf of the boyfriend, this is a mobile phone account, I know they work differently but can't remember why/how. Sorry it's been nearly 10 years since I was on here lol

Name of the Claimant: LOWELL PORTFOLIO I LTD

Date of issue – 11th JANUARY 2016

Date to file def12th FEBRUARY

What is the claim for:

1) THE DEFENDANT ENTERED INTO AN AGREEMENT WITH VODAFONE UNDER ACCOUNT REFERENCE **** ('THE AGREEMENT').

2) THE DEFENDANT FAILED TO MAINTAIN THE REQUIRED PAYMENTS AND A DEFAULT NOTICE WAS SERVED AND NOT COMPLIED WITH.

3) THE AGREEMENT WAS LATER ASSIGNED TO THE CLAIMANT ON 31/03/2014 AND NOTICE GIVEN TO THE DEFENDANT.

4) DESPITE REPEATED REQUESTS FOR PAYMENT, THE SUM OF £213.40 REMAINS DUE AND OUTSTANDING.

AND THE CLAIMANT CLAIMS

a) THE SAID SUM OF £213.40

b) INTEREST -£17.07-

c) COSTS

What is the value of the claim? £305.47

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? MOBILE PHONE ACCOUNT

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

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. DEBT PURCHASER

Were you aware the account had been assigned – did you receive a Notice of Assignment? NO

Did you receive a Default Notice from the original creditor? YES

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO

Why did you cease payments? He honestly can't remember why, probably financial issues as he was suffering severe mental health issues at the time and was undiagnosed until a couple of years ago.

What was the date of your last payment? 9TH AUGUST 2010

Was there a dispute with the original creditor that remains unresolved? NO

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? NO

Ah yes I was looking at that, will go down that route tomorrow when I'm less tired, thanks for the advice dx!

Brill, can't see your sig but got it from your profile. Will crack on with it when I finally have some money and carry on filing the letters

Ah now that would be a nice xmas present haha, if it wasn't there what would happen in that case? Would they have to stop or do I just happily continue ignoring the threat-o-grams?

*Researches how best to get credit files*

Haven't looked at it for yonks, are you thinking it may not even be on there?

Aye tis true and lets be honest they'll just do what they want regardless lol. They said "All collections activity would cease" the DCA at the time also said due to that letter they would drop it and they have, so it seems they're not interested but as you say doesn't mean they won't keep passing it on.

The letter I have today is from RC who are JDW's in house team asking me to ring to discuss my payment difficulties...collections activity no less, something they said they wouldn't do. These companies are no worse than DCAs most the time. Time to just keep filing the nonsense and take action if they or a DCA ring as I won't have that. Also am pretty disgusted by the DM company they are trying to push me onto, dodgy as.

I couldn't care less about the credit file tbh, least of my worries right now. I appreciate the fact that they can pass it on but when they have categorically told me they will cease all collections activity but then go on to do so surely means they are in the wrong? I take it just in a moral sense?

RC have written to me today basically saying they have tried to ring me to discuss my letter and basically won't discuss it in writing despite me telling them never to ring me. They can pass it on to every DCA in the world as far as I'm concerned, as long as they don't all start ringing me as I really don't want to change my number.

They have also suggested I contact their 'partners' Rivington West (telephone number only) who can help me.....they appear to be a Debt Management company in my town, surely suggesting I pay a DM company to help me with this debt is not very ethical of RC/JDW? Never seen a letter suggest/advise this before!

Ideas? I am of course from now on just going to file all these letters and if I do get any more phone calls then they will be getting an extremely stern letter from me out the library and I'll report them for harassment also.

Hiya, only sent off the letters to Lewis and JDW yesterday (been super busy) so am waiting to see what they have to say. Either way I couldn't care less, they've agreed they can't enforce so that's good enough for me but I would like any future phone calls to stop. They have only rang the once.....for now. Soon as I have an update I'll pop it on here.