Jump to content


cheddar

Lowell/lowells sols claimform - old Vodafone mobile 'debt'***Claim Discontinued***

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1162 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Posting on behalf of the boyfriend, this is a mobile phone account, I know they work differently but can't remember why/how. Sorry it's been nearly 10 years since I was on here lol

 

Name of the Claimant: LOWELL PORTFOLIO I LTD

 

Date of issue – 11th JANUARY 2016

 

Date to file def12th FEBRUARY

 

What is the claim for:

 

1) THE DEFENDANT ENTERED INTO AN AGREEMENT WITH VODAFONE UNDER ACCOUNT REFERENCE **** ('THE AGREEMENT').

2) THE DEFENDANT FAILED TO MAINTAIN THE REQUIRED PAYMENTS AND A DEFAULT NOTICE WAS SERVED AND NOT COMPLIED WITH.

3) THE AGREEMENT WAS LATER ASSIGNED TO THE CLAIMANT ON 31/03/2014 AND NOTICE GIVEN TO THE DEFENDANT.

4) DESPITE REPEATED REQUESTS FOR PAYMENT, THE SUM OF £213.40 REMAINS DUE AND OUTSTANDING.

AND THE CLAIMANT CLAIMS

a) THE SAID SUM OF £213.40

b) INTEREST -£17.07-

c) COSTS

 

What is the value of the claim? £305.47

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? MOBILE PHONE ACCOUNT

 

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? YES

 

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

 

Why did you cease payments? He honestly can't remember why, probably financial issues as he was suffering severe mental health issues at the time and was undiagnosed until a couple of years ago.

 

What was the date of your last payment? 9TH AUGUST 2010

 

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 management plan? NO


Ex CAG helper ^_^

Share this post


Link to post
Share on other sites

Hi cheddar

 

The only difference is that the contract is not covered by the CCA1974 so you cant request the agreement vis a CCA request...you can still utilise the CPR 31.14.

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

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

Share this post


Link to post
Share on other sites

Thank you Andy.

 

 

Thing is with this one the bf just wants to pay it, which is fine with me, I can just pay the lot.

 

 

But obviously we didn't know any of this was coming from Lowell,

 

 

he has had a couple of letters since moving in here over 3 years ago but that's it.

 

 

Would that change anything?

I know they'll just pull letters out their behind if questioned (seen it before).

 

If I remember rightly the CPR asks the solicitor for all documents yes? If so what is needed to actually enforce this debt?

 

Thank you


Ex CAG helper ^_^

Share this post


Link to post
Share on other sites

Its your choice if you dont need a possible CCJ or aggravation or whether you want the claimant to work for his 10p in the £ debt which he will profit from your payment.

You can still defend all and see if they wish to proceed and then still pay the debt should you lose to avoid the CCJ...which I very much doubt you would.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

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

Share this post


Link to post
Share on other sites
...then still pay the debt should you lose to avoid the CCJ...which I very much doubt you would.

 

You doubt he'd lose or doubt he'd avoid the CCJ?

 

I promise I'll do a ton of reading up before asking more stuff!!


Ex CAG helper ^_^

Share this post


Link to post
Share on other sites

Doubt he would lose...because they will discontinue if you defend

  • Confused 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

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

Share this post


Link to post
Share on other sites
Doubt he would lose...because they will discontinue if you defend

 

I thought as much, thank you ever so much. Will make a donation soon :)


Ex CAG helper ^_^

Share this post


Link to post
Share on other sites

Hi,

You oyght to know that before any debt is passed on by VF, they add an admin fee of 15% OR £100 whichever is the lowest. This admin fee is unlawful as they don't break down the charges into its component parts. They are only allowed to add on admin fees that have reasonable been incurred.

 

No doubt Lowell have included these charges in their claim.

 

that was just for info.

  • Confused 1

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Share this post


Link to post
Share on other sites

Thanks SF, so the next step I see is as follows:

 

Acknowledge claim on MCOL and tick box to defend entire claim. -Done

 

Send CPR 31.14 request in the library. -Will send recorded tomorrow

 

Wait for a reply.


Ex CAG helper ^_^

Share this post


Link to post
Share on other sites

So Lowlifes got the CPR request on the 19th January.

 

Am I right in thinking that they have to get a reply to me by the 26th?

 

What is the next stage if they don't?


Ex CAG helper ^_^

Share this post


Link to post
Share on other sites
So Lowlifes got the CPR request on the 19th January.

 

Am I right in thinking that they have to get a reply to me by the 26th? Thats the plan but they wont

 

What is the next stage if they don't?

 

Just submit your defence on time.....you can refer to the CPR within your defence and the fact that they have failed to respond.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

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

Share this post


Link to post
Share on other sites
Just submit your defence on time.....you can refer to the CPR within your defence and the fact that they have failed to respond.

 

Is there a template for that or do I just put it in my own words?

 

I'm only asking as I know they won't send me anything.


Ex CAG helper ^_^

Share this post


Link to post
Share on other sites

Well there is a format...and standard...take a look in the following forum....try to look for similar threads, same claimant, mobile claim etc.

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

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

Share this post


Link to post
Share on other sites

who are the solicitors please?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites
who are the solicitors please?

 

As I pretend to be psychic, I suspect BW Legal


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Share this post


Link to post
Share on other sites
who are the solicitors please?

 

As I pretend to be psychic, I suspect BW Legal

 

Or even Lowells own..recently set up


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

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

Share this post


Link to post
Share on other sites

Thanks for that link Andy and yes it's Lowlifes Solicitors Ltd


Ex CAG helper ^_^

Share this post


Link to post
Share on other sites

Post up your intended defence before submitting it cheddar ...then it can be checked.:wink:


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

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

Share this post


Link to post
Share on other sites

Will do my lovely, thank you!


Ex CAG helper ^_^

Share this post


Link to post
Share on other sites

Well they have 2 days so this is what I have so far:

 

Particulars of Claim...

 

1) THE DEFENDANT ENTERED INTO AN AGREEMENT WITH vodafone UNDER ACCOUNT REFERENCE **** ('THE AGREEMENT').

2) THE DEFENDANT FAILED TO MAINTAIN THE REQUIRED PAYMENTS AND A DEFAULT NOTICE WAS SERVED AND NOT COMPLIED WITH.

3) THE AGREEMENT WAS LATER ASSIGNED TO THE CLAIMANT ON 31/03/2014 AND NOTICE GIVEN TO THE DEFENDANT.

4) DESPITE REPEATED REQUESTS FOR PAYMENT, THE SUM OF £213.40 REMAINS DUE AND OUTSTANDING.

AND THE CLAIMANT CLAIMS

a) THE SAID SUM OF £213.40

b) INTEREST -£17.07-

c) COSTS

 

What is the value of the claim? £305.47

 

1. Paragraph 1 is neither admitted or denied with regards to the defendant entering into an agreement referred to in the Particulars of Claim (‘the Agreement’) the Claimant has yet to disclose any such agreement.

 

2. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant the claimant has failed to provide any evidence of assignment/balance/breach as requested by CPR 31. 14 and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into a Agreement/ Contract; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

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.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.

 

6. 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.

Edited by Andyorch
Particulars of claim added fro cross reference

Ex CAG helper ^_^

Share this post


Link to post
Share on other sites

Couple of amendments cheddar ...now that I have attached the particulars....look at their 1/2/3/4 and look at your responses...they do not comply...have another go at 1/2/3.

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

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

Share this post


Link to post
Share on other sites

Thanks Andy, I'll have to look at it tomorrow, looked at it several times today and getting nowhere, really bad brain fog going on! Hopefully tomorrow I'll have a clearer head on me.


Ex CAG helper ^_^

Share this post


Link to post
Share on other sites

PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Thanks DX, I'll have a look through it all tomorrow, damn fibro.

 

Night all :)


Ex CAG helper ^_^

Share this post


Link to post
Share on other sites

Ok, I've got this as a defence so far, I've looked at SO many claims but barely any of them have a PoC worded like mine :(

 

Particulars of Claim

 

1) THE DEFENDANT ENTERED INTO AN AGREEMENT WITH vodafone UNDER ACCOUNT REFERENCE **** ('THE AGREEMENT').

2) THE DEFENDANT FAILED TO MAINTAIN THE REQUIRED PAYMENTS AND A DEFAULT NOTICE WAS SERVED AND NOT COMPLIED WITH.

3) THE AGREEMENT WAS LATER ASSIGNED TO THE CLAIMANT ON 31/03/2014 AND NOTICE GIVEN TO THE DEFENDANT.

4) DESPITE REPEATED REQUESTS FOR PAYMENT, THE SUM OF £213.40 REMAINS DUE AND OUTSTANDING.

AND THE CLAIMANT CLAIMS

a) THE SAID SUM OF £213.40

b) INTEREST -£17.07-

c) COSTS

 

What is the value of the claim? £305.47

 

 

1. The Defendant does not recognise the debt from the details given in paragraph 1 of the particulars of claim

 

2. The claimant states in paragraph 3 of the particulars of claim that the account was assigned from Vodafone to Lowell Portfolio I on 31/03/2014. The Defendant has not received any notification of this assignment.

 

3. The Defendant has never received the repeated requests for payment mentioned in paragraph 4 of the particulars of claim.

 

4. Despite a request for information from the Defendant (made under CPR 31.14), the Claimant has not provided any further details as to how the sums claimed have accrued or copies of any agreement between Vodafone and the Defendant.

 

5. Under Civil Procedure Rule 16.5 (4): Where the claim includes a claim for money, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

 

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.

 

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.

 

Let me know if this is ok and I'll get it sent off on MCOL as, of course, we've not had a reply from Lowlifes.

Edited by Andyorch
Particulars added for cross reference

Ex CAG helper ^_^

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...