Thanks for your reply unclebulagaria67 much appreciated!! I will amend my defense to the following: 1. Paragraph 1 is neither admitted or denied with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') the Claimant has yet to disclose any Agreement. 2. Paragraph 1 It is denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; 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, I have requested this information and I am still awaiting details. 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 and Section 82A of the consumer credit Act 1974. 5. I'm assuming this claim relates to a sim only phone contract I took out with vodafone. I have disputed any alleged claims with vodafone directly in August 2011 as I had never received a bill for any alleged amounts. I didn't receive any further correspondence from vodafone requesting payments following the dispute I had raised. I was contacted by Bryan carter solicitors over two years after my contract had expired with Vodafone requesting payments for an alleged debt I had never received a itemized bill for and I was extremely disappointed to learn that my credit file had been unlawfully accessed by a third party company (Lowell Portfolio LTD) that I had no prior knowledge or dealings with. I have contacted Vodafone on 02/04/2014 directly to raise a query to find out what had happened with the account. Vodafone confirmed they intend to investigate any disputes I had raised and that all debt collection action for any alleged debts had been put on hold while they investigated disputes I had raised in relation to any alleged debts. I believe that Vodafone have made an error in assigning a debt to the Lowell group that does not exists. 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.

Hi, I have attempted to write a defense which I intend to submit on the MCOL website which i have included below: I have looked through some other posts on the forum and some of the posts advise to send a CPR 31;14 to Lowell to ask for some supporting documentation and other post claim this is not necessary as the supporting documents will be submitted to me prior to any court appearance? If you could please have a look at my defense below and let me know if this would be suitable or if I need to make any changes? 1. Paragraph 1 is neither admitted or denied with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') the Claimant has yet to disclose any Agreement. 2. Paragraph 1 It is denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; 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, I have requested this information and am still awaiting details. 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 and Section 82A of the consumer credit Act 1974. 5. I'm assuming this claim relates to a sim only phone contract I took out with Vodafone. I have disputed any alleged claims with Vodafone directly as I have never received a bill for any alleged amounts as detailed on the claim forms. I was contacted by Bryan carter solicitors over two years after my contract had expired with Vodafone requesting payments for an alleged debt I had never received a itemized bill for and I was extremely disappointed to learn that my credit file had been unlawfully accessed by a third party company (Lowell Portfolio LTD) that I had no prior knowledge or dealings with. I have contacted Vodafone directly who confirmed they intend to investigate any disputes I had raised and that all debt collection action for any alleged debts had been put on hold while they investigated disputes I had raised in relation to any alleged debts. Despite having received several assurances in writing from Vodafone directly that all court action had been put on hold I have now received court documents issued Bryan Carter solicitors without any supporting documentation such as an agreement between myself and Vodafone with a breakdown of how the alleged debt has been calculated. I would consider this continued unlawful correspondence from Bryan Carter Solicitors as harassment and would expect that all supporting documentation is provided within 7 days as per my previous letters. 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. Any advice on my defense would be very much appreciated. Kind Regards Chris

Good Afternoon, Further to my previous posts I have ACK my claim and I am now unsure what to do next. I received the court document on the 10/04 so I understand I have to submit my defense within 28 days of receiving my claim forms? I have been in contact with LEE from Vodafone on several occasions who confirmed to me in writing that the debt collection action had been put on hold while he investigated the disputes I had raised and that I could dis regard the court documents. I didn't feel comfortable doing this so I have acknowledged the claim. I now need some advice or help on how to write a defense I have looked through the forum and there seems to be some conflicting information. Any help would be greatly appreciated Thanks Chris

Thanks Andy, I have been asked on the money market website if i intend to Contest the courts Jurisdiction? Would this be advisable? Thanks Chris

Thanks Andy!! Once I have registered on the moneyclaim website and acknowledged the claim form, how do I go about writing a defense. Also should I contact Lowell Portfolio and ask them to provide any supporting evidence or should I contact Bryan Carter Solicitors?

Good Afternoon, I hope your well. Further to my previous post I have been in contact with Lee from Vodafone and he has agreed to look into my dispute with the alleged debt that I have received court documents for from Northampton county court. I uploaded the court documents on my previous posts and Lee from Vodafone has said I can disregard them as the debt recover action had been put on hold while he investigates my dispute. I received the claim form on the 14/04 but it was sent on the 10/04 and I understand I only have 14 days to acknowledge receipt of the claim forms and issue a defense. Although Lee has sent me email stating I can disregard the documents I feel uncomfortable doing this as clearly the court are expecting a response from me. Should I register on the website ack the documents and make it clear I intend to dispute the full claim? Any help would be greatly appreciated as I really need to decide the best course of action to take today. I have been unwell the last week and have been unable to deal with the issue so need to sort this out as a matter of urgency. Any help would be greatly appreciated. Thanks Chris

Hi Andy, Thanks for your help!! Much appreciated. Thanks Chris

Hi DX, Thank you for your reply!! Much appreciated. I just wanted to check what you meant by "ACK the claim" Thanks for your help Chris

court documents

Hi Guys, I have since been in touch with Lee from Vodafone yesterday who once again was very helpful and sent me an email to assure me the action had been put on hold with Lowell Financial while the matter is investigated. However I have this morning received the court documents from Northampton court stating I have 14 days to respond to the claim from Bryan Carter solicitors. I am unsure as to how to deal with the court documents, do I still need to sign the acknowledgement form and return this to the court along with the other document stating that intend to dispute the full amount claimed? Lee was kind enough to send me an email to confirm in writing the case has been put on hold so this would be another example of the over zealous harassing nature of Bryan Carter! I have upload a picture of the letter I have received from the court. Any advice on how to deal with this issue would be very much appreciated. Thanks Chris

Once again thank you for your help DX. Do you think I should also write to BC informing them of my correspondence with Vodafone stating the alleged action has been put on hold along with requesting any supporting documentation they are due to submit with any alleged claim? This is causing me a serious amount of stress!! Thanks Chris

Hi DX, I have followed your advice an upload the two letters I have received from Bryan Carter Solicitors. I have been contact with Lee from Vodafone between the first and second letters and arranged for the account to be put on hold. I have sent Lee a further email today to try and seek some clarification that the action has been put on hold as we had discussed over the phone. Any advice would be greatly appreciated and how best to deal with this situation. Thanks Chris

Hi DX, Thank you for such a swift reply!! The letter from Bryan Carter Solicitors states that as I have failed to make payments on the Lowell Financial account they have now issued litigation proceedings with the county court. It goes on to state that I will receive the claim form direct from the county courts within the next 48 hours with a break down of the items that have now been added to the alleged debt. I had spoken to and exchanged emails with Lee the rep from Vodafone who assured me the Pending action had been put hold while I had opportunity to view the itemized bills and dispute any charges on the bills he was kind enough to send through to me. I am now unsure as to how to deal with this issue other than to send another email to Lee to try clarify that he has in-fact put the account on hold with Lowell and to request this in writing? If you have any advice on how to deal matter I would be very grateful. Thanks Chris

Hi Guys, Lee from Vodafone has been in contact regarding the issues I have been having regarding Lowell and Bryan Carter Solicitors. Lee was very helpful and informed me that he would put the pending litigation on hold with Lowell/Bryan Carter Solicitors so I could actually view the alleged bill and dispute any charges. However I have now received a further letter from Bryan Carter solicitors after being promised by Lee the Vodafone rep the pending action had been put on hold that they had issued legal proceedings and that the alleged debt has increased by nearly £100. I am now very concerned and would appreciate any help or adivce as a matter of Urgency!! Thanks once again Chris

Hi Guys, I hope your well. I had a mobile phone contract with Vodafone back in 2011 and made regular payments on time never having any issues. Towards the end of the sim only contract Vodafone were contacting me to try and encourage me to upgrade to a new contract along with taking a handset as part of a new contract. I refused to this but when sales rep was discussing my options he said I had never used more than 300 minutes in a month. However maybe a month later I received a bill from Vodafone saying I had exceed my allowances of minutes and I owed them something like £150. I was immediately suspicious of this as had never used anywhere near my allowance of minutes in a month and the vodafone service where you can check your minutes had stated I will still within my allowance. I contacted Vodafone and disputed the charges and asked for an itemized bill listing all of the numbers I was alleged to have rang so I could I could check the charges were valid. I never received any response to my requests and as the contract was due to terminate anyway I took out a contract with another provider and never had any further correspondence from Vodafone. That was till yesterday when I received a letter from Bryan Carter Solicitors on behalf of Fredricksons stating that unless I pay them £202.00 prior to the 09/04/14 they are going to issue court proceedings for an amount of money I don't believe I owe and have never had any sort of bill for. I have also checked my credit file and it shows a default on there from a company called Lowell who have performed numerous unlawful searches on my credit file as well as registering a default in 2013 although the alleged debt related to 2011. I am unsure as to how to deal with this threat from a company I have never heard of and debt I have never had any notification of. I believe there is some kind of prove it letter I can send to Bryan Carter asking them to provide any supporting documentation to go along with any claim they are trying to bring against me. I appreciate the amount of money owed is only small but I have always disputed the charges and never had any bill. I was also completely unaware my credit file was being accessed by a company (lowell portfolio) who I have never had any dealings with. If there any template letters I can send to Bryan Cater solicitors I would very much appreciate it. Any help and advice would be greatly appreciated as I only have till 09/04/14 to decide how I am going to deal with this issue. Thanking you in advance Chris