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Lowell/Vodafone court claim


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Hi all,

 

Received the paperwork from Northampton CCBC regarding an old Voda debt. I don't dispute having the account, not agreed on the balance, but I certainly don't recall receiving a default notice or any notice of transfer to a DCA. Is this grounds to defend the claim on? If so what should my submitted defence say?

 

Cheers,

Chris

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http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(2-Viewing)-nbsp

 

Can you answer the questions that you will find in the link above - post the answers here on your thread.

 

There will be no agreement as such as this is a service contract, but you should still have received a Default Notice / formal demand and a notice of assignment before the debt was taken over by Lowell.

 

Once you have provided more information as per the link above, then we can advise what your next steps should be :)

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Name of the Claimant ? Lowell Portfolio 1 Ltd

 

Date of issue – 2/5/14

 

The claimants claim is for the sum of 4385 being monies due from the defendant to the claimant under a non-regulated Communications agreement between the defendant and Vodafone limited under account reference xxxxxxxx and assigned to the claimant on xx/xx/2013 notice of which has been given to the defendant. The defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.

 

The claim also includes statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8.00% per annum (a daily rate of 0.91 from the date of assignment of the agreement to the date of issue () being an amount of xxx.xx

 

What is the value of the claim? 4650 Inc court fee and solicitors costs

 

Has the claimant included section 69 interesticon (8%)within the total claim or is it shown separate within the Particulars but not added to the debt? Included in total claim.

 

Is the claim for a current or credit/loan account or mobile phone account? Mobile phone

 

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

 

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? Nope

 

Did you receive a Default Notice from the original creditor? Nope

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Nope

 

Why did you cease payments:- in massive financial trouble at the time.

 

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 managementicon plan? Only by phone while account was still active, they were unwilling to enter into any agreement.

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Your timeline is as follows:

 

Issue date 02.05.2014 + 5 days for service = 06.05.2014 + 14 days to acknowledge = 20.05.2014 + 14 days to submit defence = 03.06.2014.

 

Have you acknowledged the claim form - this should have been done by yesterday at the latest.. although you might get an extra day due to the bank holiday.. so if you havent already done so.. acknowledge the claim today.

 

Have you made a request for any of the documents that they mention in the claim form ? CPR31.14 request in the link below.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.(1-Viewing)-nbsp

 

You need to send the CPR request to the solicitor named on the claim form and in view of the date and your timeline, I would send this via Special Delivery.

 

That seems an awful lot of claim for a mobile phone bill ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi all,

 

Received the paperwork from Northampton CCBC regarding an old Voda debt. I don't dispute having the account, not agreed on the balance, but I certainly don't recall receiving a default notice or any notice of transfer to a DCA. Is this grounds to defend the claim on? If so what should my submitted defence say?

 

Cheers,

Chris

 

 

So what should the balance be Chris....what was the figure when you tried to get a repayment plan in place?

 

Regards

 

Andy

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If you want advice on your Topic please PM me a link to your thread

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Hi Chris,

 

Thanks for making me aware of this.

 

So I can take a closer look at things, email me with your details via the Contact us form here and quote the code WRT135 - CAG Forum in the subject line.

 

Once sent, you'll receive an automated reply with a reference number. Post back with this and I’ll check I've received it.

 

Kind regards,

 

Lee

 

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