Thank you all for the help

hows this

The Defendant contends that the particulars of claim vague and are 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. 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 have, in the past, entered into a contract with vodafone or Vanquis Bank, 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. And a copy of the Vanquis consumer agreement by way of CCA. 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.

3. Paragraph 3 is denied. I do not recall having received a Notice of Assignment, as stated by the Claimant and despite my request for a copy of said document, under CPR 31.14, the Claimant has failed to provide me with such to date.

4. Lowell have merged the debts together to confuse the issue.

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


5. The Claimant has stated that he has made several requests for repayment, yet I do not acknowledge any debt to the Claimant.

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

7. 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.

8. Subject to 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.

9. 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 all 

i have to file my defence today any pointers please i have sent a crp31.4 and a cca to lowell, know i just need to file court paperwork

lets try that again for vodafone upload. they had also only sent me the invoice for the balance not all invoices for the account

Vodafone.pdf

I did not send a separate cca but I can send them on monday 

it was on the 10th i did not get the paperwork till the 2nd

attached is the vanquis paper work lowell sent will do the vodafone tomorrow i am off to work soon

Lowell PAP return Vanquis.pdf

I did  aos on mcol,

it will take me a little while to scan all the items sent and hide my info.

They sent me copy of invoices for Vodafone from july17 to dec 17.

Assignment letter from vodafone and lowell

copy of default notice.

And for vanquish a transaction list

copy of default notice showing different amount than claimed

letters of assignment from vanquis and lowell

and digital signature application details for vanquis.

17 hours ago, dx100uk said:

But you did reply to something asking for debt details..

we need to see anything they have sent y ou back so far pdq!!

i replied to the pap asking for the paperwork for the debts

Name of the Claimant ?

Lowell Portfolio 1 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.

21/10/2020

Particulars of Claim

What is the claim for – the reason they have issued the claim? 

1) The claim comprises the following agreements the defendant entered into:

a. Vanquis Bank with reference ************ and current balance of £357.59

b. Vodafone Finance UK Limited with reference ********* and current balance of £573.95

The agreements were terminated as payments were not maintained and subsequently assigned to the Claimant.

And the claimant claims:

a) The total of the sums being £931.54

B) Interest pursuant to s39 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, but limited to one year, being £74.53.

C) Costs

What is the total value of the claim?

£1156.07
 

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

no they sent me the claim after the paperwork requested on the pap
 

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?

No

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

Credit car and Moblie phone
 

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

After april 2007
 

Do you recall how you entered into the agreement...On line /In branch/By post ?

on line for both
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?

yes

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?

yes
 

Did you receive a Default Notice from the original creditor?

yes
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?

no
 

Why did you cease payments?

lost job for credit card and dispute over extra charges for vodafone
 

What was the date of your last payment?

Vanquis Feb 17 Vodafone June 17
 

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
 

I did not send  a scan and I will have to look for copy of pap it in photo form in my cloud account

hello

a friend of mine recommended this site,

i need some help with a problem with lowell they have issued court procedings with me for a debt with vodafone and vanquis bank.

i filled out the paper work they sent me disputing the bills and asking for proof.

I received the paper work for vanquis and vodafone

3 days later i received a claim pack from the court.

I have filed acknowledgment but nothing else.

i feel behind with payment as i lost my job in 2017 and it took six months to get a new one,

the vanquis debt contains late payment and overlimit fees.

The vodafone debt contains early termination fees and excessive usage fees that i tried  disputing with vodafone but they would not talk to me taking my usual £45 line rental to over £300. they did this for 4 months

i refused to pay the last bill as i wanted to know how with a spend block and data limit set on my line i could still go over my data limit and owe them so much.

I need help building my defence for the claim online

i received a letter from lewis collection acting on behalf of lowell today saying that i had not made any contact with the court and if i did not pay them the full amount within 5 days they would enter a judgment against me by default and send in the bailiffs.