Carter/Lowell Claimform - old disputed Vodafone 'debt' - ordered to produce Paperwork

[Rose1974]

Hi

I am hoping for some advice regarding proceeding to court, I will try and outline what has gone on so far!

 

I was contacted by Lowell Portfolio some time last year regarding an old Vodafone debt.

I was not aware what this was as I had previously had a Vodafone contract but terminated the contracted

and as far as I was aware settled the account.

 

 

I do remember querying the account with Vodafone at the time but to my knowledge this had been sorted.

 

I have repeatedly asked Lowell and later Bryan Carter to send me a copy of the contract and information relating to the debt this was never sent.

 

 

I then received a claim form and filed a defence of having no knowledge of the debt and despite repeated requests been given no paperwork.

 

they then sent me a TOMLIN order and told me that I could sign this and pay or they would take me to court.

I again asked for paperwork and told them whilst I did not wish to go to court I would not be bullied

or harassed into paying a debt I had no knowledge of.

 

The court mediator called and (sounding very cross) told me there was no point in mediation

as I had no paperwork relating to the debt so there was no way a settlement could be reached (I quite agree).

 

 

She said she would refer onto the small claims court.

 

After this I contacted Vodafone myself to get to the bottom of it,

they have said it is in relation to a contract that was terminated in January 2009,

which is when the last DD was received on the account and

apparently they then added an early termination fee.

 

 

Money owing on the account was then paid between July 2009 - June 2010.

I asked if they could send me a copy of the contract and

they said they would no longer have it but would send me a breakdown of what was owed

- not that helpful as I do not believe I was in a contract a the point I left them.

 

I have received a General Form of Judgement It is ordered that: or Order today and it states:

 

1. Claimant do file and serve by 4.00pm on 16th February 2015 a copy of the agreement in accordance with CPR PD 16

paragraph 7.3 together with a schedule of payments to the account. There after file to be referred to the judge.

 

2.This order having been made by the court pursuant either to rule 3.3 or rule 23.8 of the civil procedure rules 1998,

any party affected by this order has a right to apply to set it aside, vary or stay it by application made

not more than 7 days after this order was served on the party making the application.

 

Sorry for the very long post but having got this far I am not a bit confused if I need to do anything in relation to this letter?

[dx100uk]

they have till 16th feb to send proof you owe this money else it get stayed or you strike it out I think.

 

can you for sake of clarity of info needed

for the legal crew fill this in and paste the results here:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

also it might help to post up a suitably redacted copy of the defence you filed.

 

thank you.

 

dx

[Rose1974]

In my defence I just put I did not know what the debt was for and dispite repeated requests to Lowell

they had not provided me with any paperwork relating to it.

I stated that I did not owe the debt.

 

What is the claim for For 184

the amount due under an agreement between the original creditor

and the defendant to provide finance and / or service / or goods.

This debt was assigned to / purchased by Lowell portfolio on 11/04/2014

and notice served pursuant to the LAW of priority act 1925

RE - vodafone

A/C No ###########

 

The claimant also claims stator interest pursuant to S.69 of the county act 1984 at a rate of 8% per annum from the date of assignment o the agreement to date but limited to a maximum of one year and a maximum of 100 amounting to 9.13

What is the value of the claim? £ 184.00

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

When did you enter into the original agreement before or after 2007? I believe my original contract was before 2007

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. Lowell portfolio

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? No

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

No - nothing is on my credit file from vodafone however lowell have now added something.

Why did you cease payments? I believed account was settled so nothing was owed

What was the date of your last payment? July 2010

Was there a dispute with the original creditor that remains unresolved? Apparently so!

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? NA

Hope that's okay let me know if I need to add anymore.

[dx100uk]

not being funny please post up your defence as you submitted it

[minus pers info.

 

 

and is that the complete PoC from the claimform?

 

 

dx

[Rose1974]

Hi

 

 

My defence was:

 

 

I do not owe this money, despite repeated requests I have been provided no paperwork showing a contract or any documentation relating to what this debt is for. The only evidence I have been given is a demand for money from Lowell Portfolio but no explanation as to what this is for.

 

 

The POC also had

 

 

RE - Vodafone

A/C No ###########

 

 

The claimant also claims stator interest pursuant to S.69 of the county act 1984 at a rate of 8% per annum from the date of assignment o the agreement to date but limited to a maximum of one year and a maximum of 100 amounting to 9.13.

 

 

I know this seems rather short but I was and still am slightly bemused by the whole situation. It seems incredible to me that you can be taken to court without a company having to give you any proof or information about the monies they claim you owe!

 

 

I appreciate any help I just don't want to miss doing anything at this stage that I am supposed to.

[dx100uk]

all seems to ticking along nicely

 

 

not a lot more you can do

 

 

well done

 

 

sadly as you are finding

 

 

DCA's issue these like confetti in the hope people

don't defend and they get a default uncontested judgement.

 

 

that's how they make their money

oh and ofcourse by fleecing threat-o-grams.

 

 

dx

[Lee Vodafone Company Rep]

Hi Rose1974,

 

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

 

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