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lovetobake

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  1. An Update: I sent the N180 in time to the court and to the Solicitors. I also ticked no to the mediation. The reason I did this was because it asked if I had all the documentation I needed to enter into mediation. I said no because Lowells had not replied to my CPR request. I sent a covering letter to Lowells Solicitors explaining this and they have responded with a letter and copies of the statements from Vodafone and supposed copies of the letters of assign. In brief the letter says that they are not providing a copy of the agreement because it is unregulated and there is no legal requirement for Vodafone to retain a copy and they couldnt get one anyway because Lowells does not have access to a copy as it was not provided by Vodafone. It also says that they have included a reconstitued copy of the letter of assignment and statements as requested (I assume my CPR request). They also confirm the balance when it was assigned, the interest they added when they issued the claim and of course the court costs etc. They also say that they will proceed with the claim but they are keen to resolve it without further legal action. I guess I now have they option to either pay it or wait for the court hearing date. Not sure where to go from here. I am well aware that this site is a self help tool and I have read lots but unfortunately I dont really understand a lot of it and thats why I appreciate any comments and help. Thanks in advance LTB
  2. I have now today received a directions questionnaire from the court. Also, just for the record, they never responded to my CPR req
  3. Thanks dx100, have done and I understand. Many thanks
  4. Ok so I submitted my defence in time and today I have received a copy of the Directions Questionnaire they have sent to the court. Bit stumped now as to what my next move should be.
  5. Andy, thank you so much for your help. dx100UK the date is 25 Jul 19 Is it ok to send now?
  6. I sent CPR31.14 request but have had nothing back. Defence is due in by Friday and I would appreciate if you folks could have a look at the following and see if its ok to file. Many thanks Particulars of Claim 1) The Defendant entered into an agreement with Vodafone under account reference 0000000000 ('the agreement'). 2) The Defendant failed to maintain the required payments and the service was cancelled. 3) The agreement was later assigned to the claimant on **/**/**** and notice given to the defendant. 4) Despite repeated requests for payment the sum of ****.** remains due and outstanding. And the Claimant claims a) The said sum of ****.** 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 0.093 but limited to one year being 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. Furthermore the Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 1. Paragraph 1 is accepted.I may of had in the a contractual relationship 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 noted but again I do not recall the agreement or any breach unless the claimant can clarify its claim. 3. Paragraph 3 is denied.I have never received a Notice of Assignment pursuant to sec136 of the Law of Property Act 1925. And therefore the Claimant is put to strict proof to:- (a) show how the Defendant has entered into a Agreement/Contract; and (b) show and disclose evidence of the nature of breach and quantify any debt outstanding. (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 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. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 6. And Pursuant to the Civil Procedure Rules Practice Direction 16 (7.3) Where a claim is based upon a written agreement: (1) a copy of the contract or documents constituting the agreement should be disclosed and the original(s) should be available at any hearing. The Claimant refers to an Agreement within its particulars. 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.An Unfair Term and Condition governed by the Unfair terms in Consumer Contracts Regulations (UTCCRs). 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.
  7. Sorry dx100uk, it would help wouldnt it! POC: 1)The Defendant entered into an agreement with vodafone under account ref 7******** (the Agreement) 2)The defendant failed to maintain the required paymens and the service was terminated. 3)The Agreement was later assigned to the Claimant on 00/02/2018 and notice given to the defendant. 4)Despite repeated requests for payment, the sum of £400 remains due and outstanding. and the Claimant claims a)The said sum of £400 b)Interest pursuant to "69 county Courts Act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £0.093, but limited to one year, being £34 c)costs.
  8. I have received a claim issued by Lowells for a Vodafone and was wondering if I could maybe get a couple of questions answered. I have had great help before from here so know the usual protocol to deal with claims but as this is a mobile contract I am not sure if its the same procedure. I have found one other thread on here but I am a little confused. I know that mobile phone contracts are not regulated but I read somewhere that if they are providing a phone then it partly becomes regulated. Is this the case? I know that I should send a CPR 31.14 request but do I bother sending a CCA? I would really appreciate a pointer in the right direction. What is the claim for – 1)The Defendant entered into an agreement with vodafone under account ref 7******** (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 00/02/2018 and notice given to the defendant. 4)Despite repeated requests for payment, the sum of £400 remains due and outstanding. and the Claimant claims a)The said sum of £400 b)Interest pursuant to "69 county Courts Act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £0.093, but limited to one year, being £34 c)costs. What is the total value of the claim? 540.00 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Yes When did you enter into the original agreement before or after April 2007 ? After Do you recall how you entered into the agreement...On line /In branch/By post ? Online Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Will check 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. Assigned 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? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Unemployment What was the date of your last payment? 2016 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 Thank you LTB
  9. Is anyone able to comment on the CCA sent to me and posted in post 6 as to whether they think they can use it? I need to file my defence by Friday. Thank you
  10. Phoned them and they said that they never received any letter from me!
  11. I didnt ring them dx100uk, I sent them an email attaching the original letter i sent but they have not replied. Trouble is, my defence needs to be in this week.
  12. ok dx100uk I see what your saying. Seeing as they have sent the CCA, doesnt really leave me anything as a defence I have read though that irresponsible lending can be classed as unfair relationship and unfair relationship can be used as a defence. Andy, sorry I get your comment now. Took a while for the penny to drop!
  13. I have to file my defence by Friday and I am thinking of an unfair relationship defence. I have not received a response to the CPR request as yet.
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