Lowells/? claimform - unknown Vodafone mobile 'debt'

[kullly]

i have submitted a Acknowledgment of Service via MCOL

 

Can anybody please advice on how to defend my claim and what steps i should take please?

 

Thank you

 

In order for us to help you we require the following information:-

 

Name of the Claimant ? Lowell Portfolio l LTD

 

Date of issue

 

Date of issue 11/1/16

 

What is the claim for

 

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 10/10/2011 and notice given to

the Defendant.

 

4) Despite repeated requests for payment, the sum of £490.08 remains due and outstanding. And the Claimant claims

 

a) The said sum of £490.08

b) Interest pursuant to 569 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 £0,107, but limited to one year, being £39.21

c) Costs

 

What is the value of the claim? 659.29

 

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? I have no knowledge of the contract

 

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 notice was received too my knowledge

 

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

 

Why did you cease payments? No knowledge of the account

What was the date of your last payment? ? No knowledge of the account

 

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?

Edited January 26, 2016 by kullly

[AndyOrch]

What date is on your claim form kullly ? Then we know the time frame.

 

Regards

 

Andy

[kullly]

What date is on your claim form kullly ? Then we know the time frame.

 

Regards

 

Andy

 

Thank you Andy for your reply.

 

On the letter recived it say the 11/1/16

 

Having checked my credit report it says the account was defaulted on 1/1/11 so its Now been 6 years can i get the debt statute barred ? If so how would i do this?

[AndyOrch]

Thank you Andy for your reply.

 

On the letter recived it say the 11/1/16

 

Having checked my credit report it says the account was defaulted on 1/1/11 so its Now been 6 years can i get the debt statute barred ? If so how would i do this?

 

Tha'ts only 5 years years (good if your in Scotland) bad for England as its 6 years

[kullly]

oh i see. do you know if i can still approach Lowells and make an offer or is it too late at this stage?

 

thanks you

[AndyOrch]

Is there nothing else that you could consider as a pausable defence...dispute....penalty charges ..etc?

 

You state....

 

When did you enter into the original agreement before or after 2007? I have no knowledge of the contract

 

But this is your account ?

[kullly]

Is there nothing else that you could consider as a pausable defence...dispute....penalty charges ..etc?

 

You state....

 

When did you enter into the original agreement before or after 2007? I have no knowledge of the contract

 

But this is your account ?

 

After some digging i can confirm it is my account and It was taken out after 2007. I will update the tread to reflect this

[kullly]

Lowells/? claimform - unknown Vodafone mobile 'debt'

i have submitted a Acknowledgment of Service via MCOL

 

Can anybody please advice on how to defend my claim and what steps i should take please?

 

Thank you

 

In order for us to help you we require the following information:-

 

Name of the Claimant ? Lowell Portfolio l LTD

 

Date of issue

 

Date of issue 11/1/16

 

What is the claim for

 

Particulars of Claim

1) The Defendant entered into an agreement

with vodafoneicon 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 10/10/2011 and notice given to

the Defendant.

 

4) Despite repeated requests for payment, the sum of £490.08 remains due and outstanding. And the Claimant claims

 

a) The said sum of £490.08

b) Interest pursuant to 569 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 £0,107, but limited to one year, being £39.21

c) Costs

 

What is the value of the claim? 659.29

 

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? 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 notice was received too my knowledge

 

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

 

Why did you cease payments? yes an ex partner stopped payment which i wasn't aware of

 

What was the date of your last payment? ? i do not have any statement to see when the last payment was the account was opened on date 07/12/2009

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

[mikeymack2002]

Have you checked your credit file recently? If not pop and have a look and check the dates for the default.. Once a claim is issued it stops the SB clock...

 

 

The reason could be they (Lowell) missed the date and not have the correct default date and have used the one they may have added when they took over the debt. Either way you really need to check...

Edited January 27, 2016 by Andyorch
Link removed same thread

[kullly]

Thanks mikeymack2002 for your reply

 

i have checked the default date on my report and it is listed as 01/01/2011, however i am pretty sure this account is older then that and that a previous default had fallen off after the original 6 years and now it seem to be back on my report. is there any way i can check this ?

[mikeymack2002]

Try Noddle here >> https://www.noddle.co.uk/ it may inform you of the correct default date of what you have posted, if so then SB letter to Lowell. (Maybe) we need to find out the date...

 

 

Did you print off the credit report when you last looked at it? If so then it will be on there too. Could you recheck this please? If the date of 01/01/2011 is correct then they have missed the date by a few days and the SB defence is the way to go...

 

 

Also please check your report and look at the last payment section and or closed accounts too...

[kullly]

i have checked both noodle and experian and the default date for the account is listed as 01/01/2011

 

unfortunately i did not print off my report either

 

 

thanks

[AndyOrch]

You could always ring Voda and ask the date you last made payment and default date?

[kullly]

Can i still call them even if the debt has been sold on? is there any particular information i would need to give them to find this out ?

 

thanks

[mikeymack2002]

Just the usual security questions but they may/will refer you back to the DCA.

[kullly]

Thank you, i will give that ago

[mikeymack2002]

The reasons for my questions are because of this

 

 

3) The Agreement was later assigned to the Claimant on 10/10/2011 and notice given to

the Defendant.

As Lowell have a habit of changing default dates... If the correct default date is right then I think Lowell may have missed the boat here... I still think the DCA is trying it on so maybe time for you to make a CPR 31.14 to the Solicitor dealing with this case.... This should be done asap...

[kullly]

thanks again for the info mikeymack2002, would you happen to know where i could get a template for a CPR 31.14 to send?

 

many thanks

[kullly]

Just an update - i have just come off the phone to vodafone who confirmed the last payment made on the account was on the 2 august 2010. any ideas on how i should proceed?

 

Thanks

[kullly]

i have drafted the following using a template i would like to know if this letter is correct before i send it off if someone could take a look i would be really greatful. thank you in advance

 

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

Edited January 27, 2016 by citizenB
removed template letter and added link

[honeybee13]

Hello Kully.

 

Is that one of our defences please?

 

HB

[kullly]

Hi HB,

 

Yes it is, i was going to send it via your cag webmail.

[Guest]

Hello Kully.

 

Is that one of our defences please?

 

HB

is the cag template 31.14 letter

[citizenB]

I have removed the draft CPR31.14 from your post # 20.

 

We do not permit our template letters to be posted on the open forum as you need to be registered to see them.

 

However, as it is one of ours, then yes it would be ok to send. You can only request documents that are mentioned within the particulars of claim .

 

The letter needs to be sent to the solicitor acting on behalf of hte claimant and whose details should be on the claim form.

[cheddar]

How's this going kully? We have the same claim going on with Lowlifes/Voda as well, waiting on a court date.