Jump to content

Genzoz

Registered Users

Change your profile picture
  • Content Count

    19
  • Avg. Content Per Day

    1.3
  • Joined

  • Last visited

Community Reputation

0 Neutral

About Genzoz

  • Rank
    Basic Account Holder
  1. I entirely agree dx. Now I think I should get supporting evidence to substantiate my counter claim. Hence there is still unresolved dispute with the original creditor.. In other words I believe my contract with Vodafone ended in December 2014. I think it is about time Lowell accept responsibility for something their client refused to acknowledge nearly 4.5 years ago. What do you think people? should I give them a call tomorrow to discuss this further?
  2. I received a reply this afternoon from Lowell solicitors. Here is the full text: "We refer to the above matter and acknowledge receipt of your defence dated 15 May 2019. As the agreement is a telecommunications account, it is not regulated under the consumer credit act 1974 and as such copies of the credit Agreement or Default Notice are not available. Copies would have been provided to you when you entered the contract on 9 December 2011. The original Creditor, Vodafone has confirmed the last contact was on 09.02.15 where you had enquired about cancelling the second handset. No resolution was recorded on the account. Please find enclosed copy bills as provided by the original creditor detailing the outstanding amount of £303.89. Our client is keen to resolve the matter and will consider any reasonable payment or settlement proposal you wish to make. We look forward to hearing from you". I have gone through the bills and it looks like they've applied an earlier termination fee of £105.87 + outstanding call charges/line rental of £198.02 (total: £303.89) I am still confused as to why they've issued me with 2 Pac codes in December 2014? Also, there was no second handset purchased from Vodafone!!!
  3. Thanks Andy, can I also file my bank statements as the only evidence I have to strengthen my case...
  4. Oh Great! thanks for that dx Standard Paragraph added in at the top and Will email a copy each to the court and claimant first thing...
  5. 1) The defendant entered into an agreement with Vodafone under account reference ……. ("the agreement). 2) The defendant failed to maintain the required payments and the service was terminated and notice given to the defendant. 3) The Agreement was later assigned to the claimant on 29/01/2016. 4) Despite repeated requests for payment, the sum of £303.89 remains due and outstanding. And the claimant claims a) The said sum of £303.89 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.067, but limited to one year, being £24.31 What is the total value of the claim? £435.20 Proposed Defence The Defendant contends that the original 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, nor do I recall any outstanding balance. I have requested the claimant verify the exact details of this claim by way of a CPR 31.14. The claimant has refused to provide me with a copy of the agreement, stating he is not obligated to do so by virtue of the Consumer Credit Act 1974. To date, no statement of the alleged account has been received. 2.Paragraph 2 is noted, again I do not recall any breach and I have never received the stated Default Notice. The Claimant has stated, by letter, that he is not obligated to provide a copy of the Default Notice, again by virtue of the Consumer Credit Act 1974. The Claimant is to provide strict proof to: (a) show how the Defendant has entered into a Agreement/ Contract; and (b) show and evidence the nature of breach and termination (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; 3. As per Civil Procedure Rule 16.5(4), it is required that the Claimant prove the allegation that the money is owed. 4. 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. Regardless of the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly 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. Any advise will be greatly appreciated. Thanks in advance. can I submit my defence now?
  6. Thanks Andy. Still I'm really confused as to what exactly I need to do next... Any assistance would be greatly appreciated. I must submit by 4 tomorrow and I will certainly donate to the site...
  7. Called northants bulk this morning and was told that case is now refereed to Shoreditch county court. Family and civil service line forwarded their email address: enquiries.clerkenwellandshoreditch.countycourt@justice.gov.uk including a £10 fee. I am still waiting for their response.
  8. I thought I have answered that question previously. Excuse my ignorance to the law dx... I sought advise from citizen advise bureau last week but to my surprise they decline to help on the basis of time and I wasn't aware of what to do in this regard. that is why I joined the forum.
  9. Thanks for your prompt reply dx, Alright, how fast do you think the particulars of claim can be obtained? Shall I call the claimant tomorrow then ? Can it be emailed rather than be sent by post for saving time?
  10. Morning Everyone, I think you've lost me there...Is it not too late to ask for particulars of claim now? and sorry I do not understand your last sentence?
  11. Thanks so much! I've only managed to get CCj set aside on Monday 1st May 2019. According to judge stone sitting at the county court...this is my last chance to put things right. He asked me to do my own research and file my defence by the 15th May 2019. I haven't had much time to prepare for this to be honest. I am single mum with children. What is so important about the original claim form?
  12. Thanks Andy, A copy of the credit agreement will be posted first thing tomorrow.
  13. Name of the Claimant Lowell Portfolio I Ltd Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. Answer: The original claim form was not received. Particulars of Claim 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 the service was terminated and notice given to the defendant. 3) The Agreement was later assigned to the claimant on 29/01/2016. 4) Despite repeated requests for payment, the sum of £303.89 remains due and outstanding. And the claimant claims a) The said sum of £303.89 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.067, but limited to one year, being £24.31 What is the total value of the claim? £435.20 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?:Yes 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? There is no change of address. Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Old Mobile Phone account When did you enter into the original agreement before or after April 2007 ? April Do you recall how you entered into the agreement...On line /In branch/By post ? By phone. Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) : I don't know. 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. Lowell Portfolio I Ltd. Were you aware the account had been assigned – did you receive a Notice of Assignment? yes Did you receive a Default Notice from the original creditor? Not a default notice as such but a letter informing that my account was assigned to Lowell Portfolio I Ltd. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year No Why did you cease payments? I ceased payment because I cancelled the contract and requested pack codes for all the phones but received 2 Pcodes only and Vodafone claimed that all the Pcodes were issued for all the 4 phones and that they are unable to issue them again. What was the date of your last payment? 24th December 2014 Was there a dispute with the original creditor that remains unresolved? Yes Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No
  14. Yes I do. Thanks to the forum I have been preparing my defence please could you proof read: 1. Except where it contains admissions, the defendant requires the claimant to prove the matters set out in the claimant letter dated 15/02/2016 2. The defendant have communicated unresolved disputes with the original creditor which remains unresolved. 3. The defendant is relying on Bank statements to prove that the original agreement was fully paid for the duration of the above contract under account ref: xxxxxxxxx 4. The defendant admits that the original agreement with Vodafone began on the 12th December 2011. 5. The defendant ceased making payment after receiving Pack codes in relation to 2 mobile phones numbers on the 6. The claim for the mobile account in question has an alleged value of £435.20. 7. The defendant denies that anything is due to the claimant, therefore the Claimant is to provide 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; 8. The Claimant has stated that he has made several requests for repayment, yet I do not acknowledge any debt to the Claimant. 9. As per Civil Procedure Rule 16.5(4), it is required that the Claimant prove the allegation that the money is owed. 10. As 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. 11. Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OF-COM guidance clearly 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. 12. 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. The hearing will take place at the county court at clerkenwell and shoreditch the Gee street court house London EC1.
×
×
  • Create New...