Lowell/lowell sols claimform - vodafone mobile 'debt'***Claim Struck Out***

[Hobbs123]

Really need some advice as to what to do first,, do I call Lowell ?

 

How do I respond to the forms I know there is a deadline we have to meet.

 

My boyfriend has received a claim form from a Vodafone contract

he had no choice but to cancel due to the recession,

he had no work and got himself in a bit of a mess which he is still in the process of sorting out.

 

At the time he did visit the citizens advice who helped him,

they advised he offer to pay Vodafone £1 per month which they declined.

 

I have copies of most of his bills from 2005 onwards,

sadly the copies he gave the CAB are missing which are the crutial ones,

however I have bank statements showing his regualr payments to cover the missing vodafone bills.

 

He had been a customer with them since 2005,

they had one dispute in 2008 when his bill suddenly jumped for one month to over £200

which was rectified/reduced as it was an "error",

apart from that he was a loyal Vodafone customer until 2010.

 

He disputed the last two bills they sent him, he received one for £205 and called them to dispute it,

he was told they were looking into it,

he decided not to use the phone during the last month to see what would happen,

he purchased a PAYG phone from Tesco, Vodafone still sent him a bill for £211

which the bank rejected as he had no funds to cover it.

 

Prior to this all his bills were between £80-90 per month, he never followed up on the dispute he raised

as in his eyes they had taken £205 the previous month which he had not incurred,

plus at this point he was not in a great place in terms of his mental health

due to being out of work and unable to live/survive financially.

 

Ironically if you look at the call records of his phone he barely used it !

 

Vodafone wrote him two letters 4/1/11 saying he owed £326.97 then 14/2/11 stating £575.24 was owed.

He heard nothing then until now when he received the claim form from Lowell saying he now owes £751.26.

 

What should we do?

I have read lots of other threads but feel this one is slightly different.

 

Please help

[dx100uk]

hello and welcome to cag

 

in order for us to properly advise you

 

can you fill this out

and copy and paste it back here with your answers

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

 

you need to be careful here and get the claim ack'd

in the next day or two your timing for doing so is running out

 

pop up on the mcol website

register as a new user

then using the info require from the claimform

 

hit the AOS box

ack the claim

defend all

leave juris unticked

 

dx

 

ps you never ever ring a dca

they are not bailiffs

and have no such legal powers

 

dx

[Hobbs123]

Name of the Claimant ? LOWELL PORTFOLIO I LTD,

Date of issue – 13th January 2016

 

Date to submit defence = XX (33 days in total) - 14th February 2016

 

What is the claim for –

 

 

1) The Defendant entered into an agreement with Vodafone under account reference xxxxxx ("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 Claimaint on 30/08/2012 and notice given the the Defendant.

4) Despite repeated requests for payment, the sun of £575.24 remains due and outstanding. And the Claimant claims

a) The said sun of £575.24

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.126, but limited to one year, being £46.02

c)Costs

 

What is the value of the claim?

Amount £621.26

Court fees £60.00

Legal Representative's £70.00

Total £751.26

 

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

When did you enter into the original agreement before or after 2007? Original contract 2005

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. By Lowell Portfolio I Ltd

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

No, and nothing received from Vodafone since 2011

 

Did you receive a Default Notice from the original creditor? Yes in January and February 2011

 

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

 

Why did you cease payments? Due to the recession and lack of work/income

 

What was the date of your last payment?

29th July 2010 £239.04, they tried to take payment 26th August 2011 for £211.33

but bank rejected payment as no funds available

 

Was there a dispute with the original creditor that remains unresolved? Yes, last two bill amounts disputed

 

Did you communicate any financial problems to the original creditor

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

Yes, with assistance from CAB I was advised to offer them £1 per month, Vodafone declined my offer

I hope I have completed everything correctly, apologies if not,

I am a first timer.

I will go onto MCOL now and acknowledge the forms,

do I need to complete the CCA request now

and CPR31.14 request ?

which one do I use 1 or 2

[Hobbs123]

Hi Again D

 

Thanks for the tip, I will not speak with Lowell

 

I have prepared the CPR31.14 for loans/credit cards for my boyfriend to sign tonight then I will post if by recorded delivery tomorrow. Having read all the information again I guess I do not need to complete/send a CCA as well as the request for a copy of the agreement is included in the CPR31.14, please let me know if this is not the case, I will send one if necessary.

 

Really appreciate your help so far and keeping my fingers crossed.......

[dx100uk]

Read the CPR thread again

 

You never sign anything

 

Get mcol done

[Hobbs123]

I will have to read the CPR thread again tomorrow as I cannot see it on my iPad (dam technology!). Hopefully I will understand it.

I have completed mcol today online

Please advise if I need to do anything else, I am very worried about the timelines.......

[dx100uk]

You've done aos

Get the CPR running

 

Lots of like threads here

 

33 days to file def claim form date is day 1

[AndyOrch]

Hi Again D

 

Thanks for the tip, I will not speak with Lowell

 

I have prepared the CPR31.14 for loans/credit cards for my boyfriend to sign tonight then I will post if by recorded delivery tomorrow. Having read all the information again I guess I do not need to complete/send a CCA as well as the request for a copy of the agreement is included in the CPR31.14, please let me know if this is not the case, I will send one if necessary.

 

Really appreciate your help so far and keeping my fingers crossed.......

 

Mobile phone debts are not regulated by the CCA1974 Hobbs so the CCA request is not applicable in this case...Mobile phones are service contracts..just send the CPR 31.14 request

 

Regards

 

Andy

[Hobbs123]

I re-read CPR threads and similar cases to this. I have CPR31.14 ready to post using the standard letter available here I plan to send it by recorded or signed for delivery. Should the letter be signed by my boyfriend or can I sign it ? Or should it be signed at all (relating to previous reply from dx100uk which said "You never sign anything"). Sorry if this is a stupid question, just want to make sure it's correct.

[AndyOrch]

There is no requirement to sign a CPR 31 request..but in view of this type of debt...BF can sign it.

[Hobbs123]

Thank you

[Hobbs123]

The CPR31.14 I sent was signed for on the 27th January, we have heard nothing since, the deadline is looming (14th February), what do we need to do ?

[mikeymack2002]

All you can do now is wait.. Andyorch will be back soon..

[dx100uk]

you start looking at like threads

and get an idea on your defence

 

 

any mobile claimform threads

should show you the basis for the holding/no paperwork defence.

 

 

post it up for checking first

[Hobbs123]

OK, what do you think of this ?

I need to run it past my BF as it is for him.

Once I have made any changes (I am sure there will be some) what do I do next ?

 

Particulars of Claim

 

1) The Defendant entered into an agreement with vodafoneicon under account reference xxxxxx ("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 30/08/2012 and notice given the the Defendant.

4) Despite repeated requests for payment, the sun of £575.24 remains due and outstanding. And the Claimant claims

a) The said sun of £575.24

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.126, but limited to one year, being £46.02

c)Costs

 

In the County Court Business Centre, Northampton

Claim number xxxxxxxxxx

Between:

LOWELL PORTFOLIO I LTD - (The Claimant)

AND

xxxxxxxxxxxxxxxxxxxxxxxx - (The Defendant)

DRAFT DEFENCE

1. The Defendant entered into an agreement with Vodafone originally in 2005 with further agreements thereafter ending in 2008, the contract was mutually terminated whilst the last two invoices were under dispute, the dispute was never concluded. No documents supporting the claim in the particulars have been offered.

 

2. The Defendant denies failing to maintain the required payments to Vodafone. It is not admitted that any valid Default Notice was ever served upon me and the Claimant is put to strict proof.

3. It is denied that I have failed to respond to demands for payment sent by the claimant and/or its agents. The Claimant is put to strict proof that any such demands have sent to me by the claimant.

 

a) Further and in the alternative if, which is not admitted, an enforceable agreement is in existence, it is not admitted that any or all of the monies claimed are lawfully owing. The Claimant is put to strict proof as to how the sum claimed has been calculated and as to how the sum claimed is lawfully owing. Further and in any event it is averred that any clause of the alleged agreement under which the account charges are claimed is an Unfair Term contrary to The Unfair Terms in Consumer Contracts Regulations 1999 and, by virtue of Regulation 8(2), "shall not be binding on the consumer". Any such contractual terms are therefore void.

 

b) It is denied that any alleged contractual account charges and any interest applied thereon which make up any part of the sum claimed are lawfully owing in that it is averred that these sums would not have been claimed had the dispute of the final two invoices been concluded and in addition are in breach of the general law. It is averred that any account charges that are claimed are in breach of the common law in that they are a penalty and that they do not reflect any actual loss or the true extent of any costs incurred by the Claimant and are therefore void.

c) Further and in any event in view of the failure to comply with the CPR Part 31.14 received by The Claimant 27th January 2016 it is denied that the Claimant is entitled to costs as claimed as no response was received.

 

Without admission that any cause of action is shown by the Claimant it is denied that I am indebted to the Claimant as alleged or at all.

AND the Defendant

Seeks an order that the Claimant’s action is struck out or otherwise is dismissed on the grounds that any claim cannot succeed.

 

Alternatively if the court decides not to strike out the Claimant’s case, it is requested that the court orders full disclosure of the requested documents pursuant to the Civil Procedure Rules.

The Defendant respectfully asks the permission of the court to amend this defence if or when the Claimant provides full disclosure of the requested documents and allows inspection of the original documents.

 

Statement of Truth

I believe that the facts stated in this defence are true.

 

Signed

 

XXXXXXXX

Defendant

[dx100uk]

that's a witness statement.???

 

 

 

adapt AS NECESSARY

THIS IS AN EXAMPLE ONLY

.

1. Paragraph 1 is 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 an agreement; 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 and Section 82A of the consumer credit Act 1974.

.

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 if 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.

.

nicked from andyorch

[Hobbs123]

Lol that took me ages to prepare a witness statement , feeling really stupid right now !

 

Thanks for the "nicked from andyorch example", preparing it now

and will post to the courts before the end of the week to meet the deadline

and give Lowell more time to reply to the CRP sent previously.

 

 

If this is the wrong thing to do and you think I should post it asap please let me know.

Oh and I will be making a donation, please bare with me on that I promise it will be forthcoming asap, couldn't have dealth this without you.......

[dx100uk]

slow down...

 

adapt it

post it up here..get it checked

 

you don't need to send [royal mail] it anywhere

 

you file it via mcol website as you did when you filed AOS.

 

dx

[Hobbs123]

Hi there, sorry to be so keen, just want this done and dusted and off our backs........

I hope I have gone down the right route and made the adaptions correctly with this and left in the legal bits as I should.....

Soooo happy to hear I can file it online for my BF

 

 

Particulars of Claim

 

1) The Defendant entered into an agreement with vodafone under account reference xxxxxx ("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 30/08/2012 and notice given the the Defendant.

4) Despite repeated requests for payment, the sun of £575.24 remains due and outstanding. And the Claimant claims

a) The said sun of £575.24

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.126, but limited to one year, being £46.02

c)Costs

 

 

CLAIM NUMBER: ********

 

1. Point 1 is 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 as requested by CPR 31. 14 and the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show proof the Defendant was sent default notice and termination notice; and

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

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

(d) provide statement of account

 

 

2. Point 2 is denied with regards to the defendant failing to maintain the required payments and did not comply with a default. Claimant has yet to disclose any such documentation as requested by CPR 31. 14 the Claimant is put to strict proof to:

(a) provide a copy of the default notice sent to the Defendant

 

 

3. Point 3 is denied with regards to the Defendant being informed the Agreement was assigned to the Claimant. Claimant has yet to disclose any such documentation as requested by CPR 31. 14 the Claimant is put to strict proof to:

(a) provide a copy of the correspondence informing the Defendant the Agreement was assigned to the Claimant.

 

 

4. Point 4 is denied with regards to the Defendant being sent repeated requests for any monies to the Claimant, the claimant has failed to provide any evidence as requested by CPR 31. 14 and the Claimant is put to strict proof to:

(a) provide copies of said correspondence

 

 

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

 

 

6. 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 and Section 82A of the consumer crediticon Act 1974.

 

 

7. 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 if 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.

 

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.

[AndyOrch]

1. The Defendant entered into an agreement with vodafone originally in 2005 with further agreements thereafter ending in 2008, the contract was mutually terminated whilst the last two invoices were under dispute, the dispute was never concluded.

 

2. Paragraph 2 is denied. The Defendant denies failing to maintain the required payments to vodafone. It is not admitted that any valid Default Notice was ever served.It is denied that I have failed to respond to demands for payment sent by the claimant and/or its agents. The Claimant is put to strict proof that any such demands have sent to me by the claimant.

 

3. Paragraph 3 is denied with regards to the Defendant being informed the Agreement was assigned to the Claimant. Claimant has yet to disclose any such documentation as requested by CPR 31.14

 

The claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement/contract; and

(b) show proof the Defendant was sent default notice and termination notice/demand notices; and

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

(d) show how the Defendant has reached the amount claimed for.

 

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

 

5. On the alternative, as 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 and Section 82A of the consumer credit Act 1974.

 

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 if 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.

[Hobbs123]

thank you so much, you guys really are amazing. As I said to your colleague I will be making a donation, asap......... that's a promise and I'm not just saying it

[Hobbs123]

We have received a letter from the courts which reads as follows, in your experience what usually happens with cases like this? Do we need to prepare anything for the next step ? Any advice would be appreciated

 

I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor).

The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

 

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay.

[AndyOrch]

No need to do anything as it already explains....

 

" Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay."

[Hobbs123]

Hello again,

y esterday my BF received further correspondence regarding the claim,

he has sent me photos of the information as I cannot see the originals until tomorrow evening.

 

It looks like paperwork entitled "Directions Questionnaire (small claims track)"

offering Settlement/Mediation plus form N180 all to be returned by the 21st March.

 

Could you please advise what we should do now ?

 

Does this mean Lowell are going ahead with the case?

 

I was hoping it had all gone quiet and that would be the end of this

[AndyOrch]

Claim is proceeding Hobbs ..this stage is called allocation and transfers the claim to your local county court.

 

Simple to complete...yes to mediation...yes to small claims track..the rest is self explanatory tick boxes......make sure you return it by the date stated and serve a copy on the claimant's solicitor.

 

Regards

 

Andy