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Lowell claim purchased from Vodafone


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Name of the Claimant ? LOWELL PORTFOLIO LTD

 

Date of issue – . 01 APR 2016

Date to submit defence = by 4pm 3rd may - edit by DX]

 

What is the claim for –

 

1) The defendant entered into an agreement with Vodafone under account reference XXXX ('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 30/06/2015 and notice given to the Defendant

4) Despite repeated requests for payment, the sum of £1,348.02 remains due and outstanding

 

And the claimant claims

a) The said sum of £1,348.02

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 £0.295, but limited to one year, being £81.25

c) costs

What is the value of the claim? 1579.27

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. Lowell

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 about a year ago or more

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

Why did you cease payments? I was very young and stupid, occurred debt and burred my head in the ground.

What was the date of your last payment? I am finding this out

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?

Yes I entered into a DMP and started making payments but fell off of that

and then started making individual payments to creditors

but not to Vodafone after the DMP was cancelled.

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Just looking through the processes now, I read somewhere that a county court claim can't be issued for mobile contracts? Doubt that is true though.

 

If only I could revert to the beginning and continue making monthly payments to Vodafone or setup an agreement with Lowell but past that stage now. Not sure what to do.

 

I haven't yet acknowledged the claim as not sure what to put. Last thing I need is a CCJ as I am gradually paying off debts now.

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" Just looking through the processes now, I read somewhere that a county court claim can't be issued for mobile contracts? Doubt that is true though. "

 

Incorrect pizzadeal a CCA request (section 77/78 is not applicable to mobile contracts) its a service agreement not a credit consumer agreement...

 

PS Welcome to CAG

 

Regards

 

Andy

We could do with some help from you.

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ack the claim

defend all

leave juris unticked

 

 

get a CPR 31:14 running to the sols

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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OK. Claim has been acknowledged and defended in full, I left jurisdiction unticked.

 

Just sent a CPR 31:14 to the solicitor via recorded delivery, they should pick it up on Monday (hopefully).

 

Anything else I need to do or just wait to hear back from them?

 

I probably will end up just paying this in full, right?

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Do you actually agree that you owe £1,348.02...that's a lot of money for a mobile phone account?

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 The National Consumer Service

 

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Do you actually agree that you owe £1,348.02...that's a lot of money for a mobile phone account?

 

No I don't agree but there is not much that can be done now its got to this stage. The original amount was much more lower than that IIRC. However, I don't have or retained any documents from Vodafone or other DCA so I will have to rely on what they provide.

 

Maybe I could of got some information from Lee on this forum but it doesn't look likes he has been on for a while?

Edited by pizzadeal
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Well thats why you are going to defend in full and argue and not roll over and accept.You start to gather your information ....by way of DSAR....if you are going to get a judgment against you ....better it be for the correct amount you are actually liable for.

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 The National Consumer Service

 

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Well thats why you are going to defend in full and argue and not roll over and accept.You start to gather your information ....by way of DSAR....if you are going to get a judgment against you ....better it be for the correct amount you are actually liable for.

 

Is it too late to go to Lowell with a payment arrangement to avoid a CCJ?

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Update...

 

I received a letter today after acknowledging the claim and it says:

 

Notice of Claim Issue

 

We have now issued Legal Proceedings in the form of a County Court Claim which you should have received already directly from the Northampton County Court.

 

(breakdown of debt)

 

Call our team today to discuss paying the outstanding balance. If you are unable to make this payment in full we can discuss options for a repayment plan for you.

 

............If I go for this and call them can they cancel the county court claim?

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trying to fleece you....

 

no need to panic yet

 

you have until 3/5/16 to file

and even after that

if you want to rollover and 'give-in' and let them win a speculative claim

by paying you can

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Update...

 

I received a letter today after acknowledging the claim and it says:

 

Notice of Claim Issue

 

We have now issued Legal Proceedings in the form of a County Court Claim which you should have received already directly from the Northampton County Court.

 

(breakdown of debt)

 

Call our team today to discuss paying the outstanding balance. If you are unable to make this payment in full we can discuss options for a repayment plan for you.

 

............If I go for this and call them can they cancel the county court claim?

 

Do not contact them! Do not worry! The claim has been issued now, so there's nothing to lose from challenging the claim. You will at worst probably drastically reduce the amount owed, and at best, win the whole case.

 

If you read around the forum, you'll soon see that many of these claims are, as DX says, totally speculative and rely on naive defendants not contesting the claim.

 

All the help you need is right here.

 

Sham

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  • 3 weeks later...

i see you viewed several like threads last month

find a defence post it up here.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

hope you filed a defence in time

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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So I didn't file a defence but did acknowledge the claim saying I will be defending, I have left the claim and I presume its just sitting there, no CCJ or anything as have checked. Is there a time when it expires?

 

However, before the date that was required to file a defence, I sent an email to Lowell and this was there reply:

 

Dear.............

 

 

 

Thank you for your email. Please accept our apologies for the delayed response.

 

 

 

From the account being allocated to us on the 08 February 2016 up until the 01 April 2016, when the county Court claim was issued you were sent numerous letters advising you to contact us and make an arrangement. Due to lack of communication within this time period a claim was issued against you on 01 April 2016.

 

 

 

As this stage as the county Court Claim is outstanding and you are require to read this fully and respond as appropriate. To prevent the judgment being registered against you at this stage, we would require substantial information as to why this should not be entered – offering payment at this stage is not a valid reason not to enter judgment due to the timescales stated above where no contact was made by you.

 

 

 

If no response is received within 14 days, we may enter a Judgment by default against you. This could make it difficult for you to obtain credit, mortgages or even some employment while it remains unsatisfied on your credit file for a maximum of 6 years.

 

 

 

If you wish to speak with a member of our team, please telephone us between 8:00am and 8:00pm Monday to Friday or between 8:00am and 2:00pm Saturday on 0113 335 3334.

 

 

 

Yours sincerely

 

My email....

 

Hello,

 

 

 

I receive numerous letters from you stating that if I contact you I can come to a payment arrangement with yourselves that will put the CCJ claim on hold. However, when I contact you, this is not the case and I have been demanded to pay the full balance due.

 

 

 

I am willing to work with you, but cannot make payments to clear the balance in only 6 months. If we cannot come to any sort of arrangement then sadly I will have to submit a defence (I just want to work with you - how hard can that be?).

 

 

 

The letters you keep sending me are pointless if we can't come to some kind of payment arrangement. Possibly one which is legally binding that if I fail to keep payments then the CCJ will be laid.

 

 

 

I have a DMP but you are not part of it as I want to make bigger payments to you (not smaller).

 

Any ideas on what to do now?

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get a defence in today

see if it will work on MCOL site.

 

 

who said write to the claimant?

silly idea

 

 

did they reply to your CPR?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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use post 20 here

http://www.consumeractiongroup.co.uk/forum/showthread.php?458893-Lowell-lowell-sols-claimform-vodafone-mobile-debt

 

 

but ADAPT the dates/figure to your claim

go see if you can file it online now.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

well did you?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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