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Name of the Claimant - Lowell Portfolio 1 ltd

Date of issue – 4th November 2014

 

Particulars of Claim

 

The Claimant's Claim is for the sum of #4xx.xx

being monies due from the Defendant to the Claimant under a non-regulated Communications agreement

between the Defendant and Vodafone Limited under account number xxxxxxxxx

and assigned to the Claimant on 13/01/2010 notice of which has been given to the Defendant.

 

The Defendant has 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.xx from the date of assignment of the agreement to 13/01/2011 being an amount of #2x.xx.

 

 

What is the value of the claim? Nearly £400 without fees, just under £500 inclusive of fees.

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? No

 

Did you receive a Default Notice from the original creditor? Possibly, not sure (original debt was from 2008)

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Definitely NO.

Why did you cease payments:- Fell into financial difficulties due to the recession in 2008.

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? No

..................................

Hi all, this is my first post on the forum,

 

 

I just wanted to say what a great place this is for helping people with all sorts of financial issues.

Thank you all. This is an invaluable resource.

 

around the 10th-11th of November I got a claim form from Northampton CCBC for the above claim

regarding an old debt for a Vodafone mobile contract that I could no longer afford to pay

since I lost my job around summer 2008.

 

 

I was 3 months into a 24 month contract

I am sure that the amount claimed is 100% made up of the remainder of the contract and not actual useage.

 

A default notice was posted on my credit file around December 2008.

Since then I have moved around quite a lot and forgot all about it till earlier this month.

 

 

Moreover, the debt is within a couple of weeks of becoming Statute Barred

 

 

I am not sure whether a statute barred defenCe is any good here as the claim was made before the debt falls off my credit file.

 

I have been reading on here and many other forums about the timescales to respond to the claim form.

 

 

I have already Acknowledged the Service of the claim.

 

 

I am now trying to write my defenCe.

 

 

Any help here would be appreciated.

Edited by dieselpower
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send the correct cpr 31:14 from the legal section of the library tab top left.

 

 

does say your noddle cra file tell you your last payment date please?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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send the correct cpr 31:14 from the legal section of the library tab top left.

 

 

does say your noddle cra file tell you your last payment date please?

 

 

dx

 

I am using Annual Credit Report not Noddle, unfortunately they do not report date of last payment.

 

I was under the impression that CPR 31:14 cannot be used with mobile phone contracts?

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CCA cant

cpr can but the right one

 

 

have a quick browse of other mobile claims.

 

 

noddle is free

go look

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi dieselpower,

 

If you'd like any help from me, 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

 

Social Media Comms

 

Vodafone UK

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CCA cant

cpr can but the right one

 

 

have a quick browse of other mobile claims.

 

 

noddle is free

go look

 

 

dx

 

I can't get a Noddle account unfortunately. They 'allegedly' cannot verify who I am from the details that I supply on the registration form. I emailed them to get it fixed and the answer was a generic one.

 

Hi dieselpower,

 

If you'd like any help from me, email me with your details via the Contact us form.

 

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

 

Social Media Comms

 

Vodafone UK

 

I will do that now. Thanks for your help. EDIT: [#8783381]

 

 

 

On another note, my 33 days is up tomorrow at midnight is this correct? 4th November + 33 days?

Edited by dieselpower
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blimey I didn't see how long you'd left this before coming to cag

 

 

ideally you should have filed 4pm last night.

 

 

you need to urgently file the holding/no paperwork defence. I think

 

 

dx

  • Confused 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

blimey I didn't see how long you'd left this before coming to cag

 

 

ideally you should have filed 4pm last night.

 

 

you need to urgently file the holding/no paperwork defence. I think

 

 

dx

 

I am using MCOL. I thought this meant I had until the deadline day at midnight?

 

Additionally, where do I need to be looking for the holding / no paperwork defense? Are there any examples on CAG? I will look around. Thanks for your help so far guys.

 

 

EDIT: Quick update, defense entered via MCOL.

Edited by dieselpower
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so what defence did you file then so we know?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

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