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gigi5570

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  1. Yes pretty sure thats copy they sent with claimform or something. I cant find a different one so either I didn’t receive it or I threw it out. I dont remember tbh it’s quite some time ago.
  2. ohh i have no idea why i thought the 33 days period ends on 5th april (facepalm) 1) The Defendant entered into an agreement with Vodafone under the account reference ********* (“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 25/11/2021 and notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £425.08 remains due and outstanding. And the Claimant claims a) The said sum of £425.08 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 of these proceedings in the sum of £31.49 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. 1. Paragraph 1 is noted. I have in the past had 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 also noted but denied. The amount claimed could not possibly consist of simple monthly usage. not sure what to write for the 3rd Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an Agreement/Contract (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 (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. 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(UTCCR). 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.
  3. I have sent the CPR 31:14 request to the solicitors on 20th March and still haven’t received any response. Should i keep waiting for the response? The 33 days period is gonna be over soon.
  4. Which Court have you received the claim from ? 21-27 ST KATHARINE'S STREET NORTHAMPTON NN1 2LH Name of the Claimant ? Lowell Date of issue –. 28.2.2023 Particulars of Claim What is the claim for – 1.The claim is for the sum of £393.59 due by the Defendant under a Vodafone account with an account reference of 10digits 2. The Defendant failed to maintain contractual payments required under the terms of the account agreement. 3. The debt was legally assigned to the claimant on 25-11-21, notice of which has been given to the defendant. The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £31.49 The Claimant claims the sum of £425.08 What is the total value of the claim? £525.08 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? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Mobile phone account 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 ? In branch Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes its showing as defaulted 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 issued the claim Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure about this Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Yes Why did you cease payments? Was using it abroad and they started charging way more for data i used until it got too much What was the date of your last payment? Around may/june 2020 Was there a dispute with the original creditor that remains unresolved? No (not sure if they demanding payments from me count for this) Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No claimform.pdf
  5. Hi Can anyone advise me on this please. In 2019 i took out mobile phone contract from Vodafone for 24months (Iphone + simcard), roughly 6 months before the contract was supposed to end i went abroad and they started charging me way more because i used the data in different country i stopped paying it because money got really tight. It got to around £400. First Lowell was sending letters to pay them for almost a year and i was ignoring it now i received letter from Overdales Solicitors stating i have 30 days to pay them to avoid County Court Claim. Is it safe to ignore it or whats the best course of action to take. Picture of the letter attached. Thank you 2022-06-16 Overdales Letter of Claim.pdf
  6. Hi, after quite some time again they sent me a letter. It’s supposed to be county court claim - file attached. Should i still ignore it or what should the next step be ? Any help appreciated. 2023-03-06 Overdales Notice of Claim Issue.pdf
  7. @dx100uk Hi , after pretty long time i had no response from them after i replied to the letter of claim however today i received letter from them with all the vodafone statements and all the calls and usage i requested. 2022-08-19 Overdales we have a statement now please cough up!.pdf
  8. I am filling the reply form pap (not theirs) and wondering what to write in the dispute (box D) ? As for the cap1 , yes its still under capital one and not dca so will update the address with them.
  9. @unclebulgaria67 Yes i have Lowell Telecom default on my credit record. I forgot to add that ccscollect.co.uk had the debt for few months before Lowell. The amount to pay for ccscollect was 452.63£. I also have Capital one default on credit record (my mom took out this credit card in my name while i was abroad without me knowing and didnt pay it back - it was 200£ credit card) but no letters yet. Yes i plan to work in UK and build my credit score next year. I am currently studying in different country. @dx100uk thanks, will do
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