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

[cheddar]

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

[AndyOrch]

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

[cheddar]

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

[AndyOrch]

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.

[cheddar]

...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!!

[AndyOrch]

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

[cheddar]

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

[silverfox1961]

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.

[cheddar]

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.

[cheddar]

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?

[AndyOrch]

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.

[cheddar]

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.

[AndyOrch]

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

[dx100uk]

who are the solicitors please?

[silverfox1961]

who are the solicitors please?

 

As I pretend to be psychic, I suspect BW Legal

[AndyOrch]

who are the solicitors please?

 

As I pretend to be psychic, I suspect BW Legal

 

Or even Lowells own..recently set up

[cheddar]

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

[AndyOrch]

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

[cheddar]

Will do my lovely, thank you!

[cheddar]

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 January 24, 2016 by Andyorch
Particulars of claim added fro cross reference

[AndyOrch]

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

[cheddar]

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.

[dx100uk]

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=claimform+mobile+debt&sa=Search+CAG#gsc.tab=0&gsc.q=claimform%20mobile%20debt&gsc.page=1

[cheddar]

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

 

Night all

[cheddar]

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 January 27, 2016 by Andyorch
Particulars added for cross reference