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  1. Notice of discontinuance on Lowell Vodaphone debt from them and Court. Thanks all

  2. Hi all, Defence was filed on time, sorry didn't post it up but have been really ill after heart attack. This is the defence provided. 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 accepted insofar that a relationship did once exist between the Defendant and Vodafone however, I cannot recall this account (Agreement) The claimant has yet to disclose a copy of the Account/Agreement mentioned in particulars of Claim. 2. Paragraph 2 is denied ,the Defendant has not been served with a notice of termination and the claimant is put to strict proof thereof. 3.Paragraph 3 is denied .The defendant is unaware of any legal notice of assignment or Notice of Assignment pursuant to Law and property Act 1925 Section 136(1). 4.Therefore the defendant denies owing any money to the Claimant and the claimant is put to strict proof , Show how the Defendant has entered into an Agreement. Show how the Defendant has reached the amount claimed for. Show how the Claimant has legal right ,either under statue or equity to issue a claim. 5.As per Civil Procedurehttps://www.consumeractiongroup.co.u...ages/link3.gif Rule 16.5(4) it is expected that the Claimant prove the allegation that the money is owed; having been provided with written requests for information under CPR 31.14 and to date have failed to provide any such documentation as detailed on the particulars of claim. 6.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 1925. 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 if 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. 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. Lowell replied to CPR letter saying as this is telecommunications matter it's not regulated by CCA 1974, Stated default notice does not apply as this is service agreement so no default issued, they say requested statements from original creditor and will contact when received. They confirm that at no time has their client Lowell Portfolio ltd entered into any contract with me directly stating it was lawfully assigned and have requested copy of assignement, they acknowledge acknowledgement of service to defend. Received a Notice of proposed Allocation to small claims track with a form N180 to fill in before 8th October 2018. many thanks, this is making me bleeding ill.
  3. dx100uk Many thanks. I have done this for him and sent out CPR 31:14. Will see if anything comes back. Not sure yet what defence I can file for the idiot. Thanks again.
  4. Name of the Claimant ?-Lowell Portfolio 1 Ltd Date of issue – 25 July 2018 Particulars of Claim 1) The defendant entered into an agreement with Vodafone under account reference*********** 2) The defendant failed to maintain required payments and the service was terminated. 3) the agreement was later assigned to the Claimant on 31/10/17 and Notice given to the defendant. 4 Despite repeated requests for payment the sum of £283 remains due and outstanding. And the Claimant Claims a) The said sum of £283 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 £0.062, but limited to one year, being £16.51 c) costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?- Letter of Claim sent 18-6-18 What is the total value of the claim?- £375 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Broadband When did you enter into the original agreement before or after April 2007 ?- After Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Dont 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.- Assigned to Lowell who is taking court action Were you aware the account had been assigned – did you receive a Notice of Assignment?- He can't remember letter of assignment. Did you receive a Default Notice from the original creditor?- Cant remember or ex thrown it away. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments?- Out of work no money. What was the date of your last payment? Sometime in about June 2017 Was there a dispute with the original creditor that remains unresolved?- Don't know Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? NO Apologies for limited information, his credit file must be shot at and his ex even worse, me and mum paid lots off for him but can't keep doing so financially. I am sure this wont be the last and minded to throw him under and let him get CCJ I'm that angry.. he is 25yrs old for goodness sake with brains of a 3 yr old. Hope someone can help. Thanks
  5. Hi, My son received a CC Summons from Lowell for and old Vodafone broadband account when he was in bad relationship with a woman. he has not dealt with this and has stuck head in sand, ex has nowt and only know he got letter in March from lowell offering 20% discount then another in June saying something like 30 days to prevent legal action which he also ignored. Next thing CCS Issue date 25 July arrives at mum and dads house with his name on it. Any help appreaciated please! Thanks
  6. Hi ericsbrother, I stupidly went on moneysavingexpert site and got duff gen about annex A. In hindsight I should have stayed on here!!
  7. So, you have received a parking ticket For tickets received through the post (Notice to Keeper) please answer the following questions. 1 Date of the infringement 19th December 2017 2 Date on the NTK 23rd December 2017 3 Date received 30th December 2017 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? YES 5 Is there any photographic evidence of the event? 2 ANPR photos of Reg plate 6 Have you appealed? YES Have you had a response? YES, appeal dismissed 7 Who is the parking company? Parking Eye For either option, does it say which appeals body they operate under. There are two official bodies, the BPA and the IAS. If you are unsure, please check here Not mentioned If you have received any other correspondence, please mention it here. Received appeal dismissal on 13th February Received letter before county court action on 21 March 2018. Sent letter disputing the debt on 9th April. Received letter dated 31st May stating they require full amount or further information from me to understand my position. Asking me to clarify the reason for disputing this. Questionairre for parking off consumer action group 9-6-18.doc
  8. Hi everyone, Got a PE ticket through post back in Dec 17, appealed to PE and received their standard fob off appeal not accepted. Didn't appeal to popla and then received a PE Letter before County Court Claim. After reading up on the thread about this I sent a letter " Please therefore provide a Letter Before Claim which complies with the requirements of Annex A Para 2 of the Practice Direction on Pre-action Conduct as below: Received an email stating they looking into the matter then a today stating that Annex A of the practice direction (pre-action conduct and protocols were no longer in force and amendments were made on 6th April 2015. They state that their LBCCC is fully compliant along with their Reply form and information sheet attached to it. Finally, they state that they require further information to be able to understand my position and for them to provide a response. If I wish to dispute the charge please clarify the reason for this or make a payment. Not sure what to do next as clock may be ticking in their favour for the LBCCC. Cannot appeal to POPLA as the number given is invalid, probably date barred. Any advice greatly received please? thanks
  9. Yes, send in documents to be relied on within 14 days to Claimant and Court ie: Witness statement.
  10. Hi everyone, thanks for the support. Missus got a Notice of Allocation to the small claims track where within it said that Claimant had to pay the court fee and complete application by 26th September at 4.00pm which I now find by contacting the court that they have.. The Hearing is set for 10am on 24th October 2017 at Manchester and I am looking for guidance and advice as to what to do next please? Many Thanks
  11. Received Notice of proposed Allocation to the small claims track and Directions questionnaire. Asking for this to be heard at County Court local to me. No to mediation. Do I send a copy to Gladstones ? Thanks everyone.
  12. Should I reply to this or answer it in any way? Or do I just wait for anything further from Court? Thanks to all for great advice.
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