Lowells/? claimform - old Vodafone Mobile 'debt'

[Landros]

Hi All,

 

Hoping someone can help

 

I have received an N1 today for a debt which has shown defaulted on my credit file for some time. I have refused to engage in conversation with the debt collection agency (Lowell) who have attempted to call me numerous times and sent numerous letters.

 

Today I got the N1 through the post, just three months before the default is due to drop off my credit file.

 

The particulars state;

 

1) The Defendant entered into an agreement with Vodafone under account reference [Ref] ('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 £332.34 remains due and outstanding

 

And the Claimant claims

a) The said sum of £332.34

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of the assignment to the date of issue, accruing at a daily rate of £0.073, but limited to one year, being £26.59

c) Costs

 

The total is broken down as being

Claimed: £358.93

Court Fee: £35

Legal Representative's costs: £50

Total amount: £443.93

 

Credit File reports:

Name [My Name]

Address [An address I did live at at the time of the account, a shared house]

Date of birth [My DOB]

Account type Telecommunications Supplier

Account number *****0325 0

Account start date 11/12/2008

Opening balance £ 332

Repayment frequency Monthly

Date of default 02/06/2010

Default balance £ 332

 

So, now that the detail is out of the way... Could someone please help me with my options here and some questions?

 

I intend to defend this but i would like to confirm some things i believe to be true;

 

1) If this did result in a CCJ i could pay that CCJ within a period of time to have it removed from my credit file and the underlying debt would also be removed 3 months from now when the default has been present for 6 years (worst case scenario)

 

2) Could i pay this debt now and avoid the legal costs or is it too late to do that

 

I have attempted to dispute it via CRA's dispute feature but they have told me to liaise with the creditor, which I have avoided.

 

What is the best way for me to go about defending this claim and being supplied evidence?

 

The Defence form is fairly straight forward, except for the actual defense section as i have no idea how to go about defending the claim.

 

I will pay the debt if they can definitively prove that it is my debt to pay, but if i do this through the courts it looks like it will cost ~30% more to do that

 

There is a high probability that this bottom feeding company (Lowells) is chancing it as they are running out of time, but i dont know if i should trust this feeling or what to do about it.

 

The single most important thing is minimal impact on my credit file, as I expect to apply for a mortgage in October.

 

Thanks in Advance!

D.

[Landros]

Alternatively, rather than submitting the defense form i could use the Acknowledgement of service response - what would this trigger?

[Guest]

Alternatively, rather than submitting the defense form i could use the Acknowledgement of service response - what would this trigger?

MCOL ack of service re defending. more time. a further 14 days to submit a defence. ie 33 days from the claim issue date.

[Landros]

I think from reading up that first steps to fight this are;

 

Submit to website: Acknowledgement of service

Send (recorded) to Lowells: http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974 (which section please for a mobile phone agreement, its unclear?)

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

Wait & React

 

Sound about right or am i reading the wrong places?

 

Thanks,

D

[dx100uk]

can you fill this out please

then we will be best placed to help you:

 

 

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

[dx100uk]

you cant send a CCA request for a mobile debt

 

 

dx

[Guest]

a cca request may not be applicable re an old mob phone agreement.

[Guest]

1) If this did result in a CCJ i could pay that CCJ within a period of time to have it removed from my credit file

 

2) Could i pay this debt now and avoid the legal costs or is it too late to do that

there wld be no ccj on the 'record' if a judgment is paid within 28 days. i presume that also applies to cra files.

you can pay/settle it now, if you want. they wld then have to discontinue the claim. whether they wld accept just the debt amount in settlement, could try negotiate that.

[Landros]

Name of the Claimant ? Lowell,

Date of issue – 21.03.2016

Date to submit defence = XX (33 days in total) - Defense Date = 22.04.2016

 

What is the claim for –

 

1) The Defendant entered into an agreement with vodafoneicon under account reference [Ref] ('The agreement')

The Defendant failed to maintain the required payments and a default notice was served and not complied with.

The Agreement was later assigned to the claimant on 31/03/2014 and notice given to the Defendant

Despite repeated requests for payment, the sum of £332.34 remains due and outstanding

And the Claimant claims

a) The said sum of £332.34

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of the assignment to the date of issue, accruing at a daily rate of £0.073, but limited to one year, being £26.59

c) Costs

 

What is the value of the claim? 443.93

 

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. Lowells

Were you aware the account had been assigned – did you receive a Notice of Assignment? - Unsure, frequent letters yes, notice of assignment unknown. Changed addresses 4 times since that house.

 

Did you receive a Default Notice from the original creditor? Unsure

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I think No, i have only some letters but none are a notice of default

Why did you cease payments? - At that point in my life nothing was being paid, though memory of that time of my life is also extremely blurred

What was the date of your last payment? - Unknown. CRA's dont go that far back, the history is only with Lowel and only covers 2014+ but the default was from 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

[dx100uk]

go ring voda and ask last use or payment date.

could be SB'd hold those letters

but get AOS done

[Landros]

SB'd ?

 

Last emails (Bill) was April 2010

 

On with Vodafone now trying to get some information, which is proving very difficult.

 

Ahh Statute barred, i thought that would be 6 years from default date? if not the case then it could well be

 

Vodafone say its with Red DCA not Lowells but wont give me any information

 

Okay with sufficient pressure Vodafone finally released some information!

 

The debt at the point of transferring to RED (who must have sold to Lowells) was the same as it is now - £322.34

2yr Contract end date 10/12/2010

Last Payment was 27/01/2010

They cancelled it early on 09/03/2010

 

Vodafone are now cooperating so much they are going to email me a load of usage information, terms etc.

I dunno if the dates prove SB''d or not though, i dont know what the "Cause of Action" date would be

[dx100uk]

its statute barred then.

 

 

get AOS done

 

 

file the SB defence at the same time

 

 

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.

.

.

 

 

 

 

.......

 

 

game over for lowells

[Landros]

Done and Done

 

Thanks very much indeed!

 

I'll go off and start a new thread about handling a different issue now...

 

Fingers crossed this will be the last of this one but i will drop back in when i hear something back about it

[dx100uk]

ps red are lowells

 

 

dx

[Landros]

Ahh i thought they were different, i've not heard from 'Red' in a long time, just Lowells and Lowells solicitors .

New Thread up for the an issue i'm less optimistic about in the DCA section =)

[Landros]

Received a standard letter of acknowledgement of my defense from the courts this morning.

Will keep you posted

[Landros]

Hi Guys,

 

No further contact from the courts nor Lowells on this matter. I've checked MoneyClaim routinely and there have been no updates, the claim should have been stayed now i believe - should money claim not update to that effect?

 

Your defence was submitted on 23/03/2016 at 20:47:22

Your defence was received on 24/03/2016 at 08:02:00

Your acknowledgment of service was received on 24/03/2016 at 08:02:00

 

Thanks!

[AndyOrch]

MCOL does not show a stayed status.

[Landros]

Thanks for confirming, Do i need to do anything else then or is this effectively put to bed unless I hear something more from the courts?

[AndyOrch]

Nothing further to do...forget about it until (if) you receive any notification of Allocation