Lowell claim form regarding Vodafone debt

[daniel197]

Evening everybody,

hoping for some advice regarding a claim form i've received from Lowell solicitors regarding a Vodafone mobile phone debt.

 

 

Around 2008/2009 i took out a mobile contract with Vodafone, fairly sure it was for a year.

After the year was had passed, i continued using the phone and paying the monthly line rental, without upgrading my contract or taking out a new phone.

 

After some time (mid 2010?) I informed Vodafone via telephone that i did not want to continue doing this and intended to put a pay as you go sim into the same phone.

As far as I can remember nothing more was said.

 

I continued to keep getting monthly line rental charges for a number of months

when I called vodafone again was informed that I could only end a contract via written letter.

 

 

Monthly charges stopped but debt collection letters started arriving for the £152 outstanding.

Foolishly I didn't do anything about this at the time, thinking it wouldn't come to anything as they were trying to charge me for something that had been cancelled and clearly wasn't being used.

 

Dated 20 sep 2016 i've now received a claim form from Northampton court for £240.

I've already sent off the acknowledgement of service.

What should be my next step?

I desperately don't want a CCJ, but don't really think this £240 charge is at all fair.

 

I've got a Lowell statement of account from 2012 that shows vodafone transactions on the reverse between 21 July 2010 and 14 Oct 2010. £35 charges every month despite the only usage showing is £0.01 middle of August?

 

Hope you can help, thanks in advance.

Daniel

[maroondevo52]

Hi,

 

I've moved this thread to our Legal Issues Forum, you should get some help shortly.

 

Regards,

 

Scott.

[daniel197]

Thank you Scott, sorry for posting in the wrong forum.

[fkofilee]

Eugh Voda... The Bane of my life.

 

Right so Please fill out the concerned link and post back here

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

[fkofilee]

As for general advise with Vodafone, Thats kind of a lie it just being in writing, they always have permitted termination via the phone.

 

i could probably get you T&Cs from that time if need be

[dx100uk]

looks like it statute barred to me

you didn't need to send off the claim form

you could have acknowledged the debt defend all on line at the MCOL website.

 

 

have you still got the claimform number and the password?

cause you could go file the SB defence now and end it today if you do.

 

 

get that link done mind first

[daniel197]

Name of the Claimant ? Lowell Portfolio 1 limited

 

Date of issue – 20 Sep 2016

 

Date to submit defence = 21 Oct 2016 [as 33 falls w/end -dx]

 

What is the claim for –

 

1) The defendant entire into an agreement with Vodafone under account reference xxxxxxxx ('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 27/03/2012 and notice given to the Defendant.

4) Despite repeated requests for payment, the sum of £160 remains due and outstanding.

And the Claimant claims

a)The said sum of £160

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum to the date of issue, accruing at a daily rate of £0.0XX but limited to one year, being £1X.XX

c) Costs

 

What is the value of the claim? £240

 

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? Not sure. Possibly 2008/2009

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? Yes

 

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, although I do have a 'Statement of Account' from Lowell

Why did you cease payments? 12/24 month contract was well finished, informed vodafone by call and stopped using the services I have been charged for.

What was the date of your last payment? July 2010??

 

Was there a dispute with the original creditor that remains unresolved? Yes

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

[silverfox1961]

Hi

If there was no payment from July 2010 then it will be Statute Barred by now. Lowell will also have great difficulty getting the contract from Vodafone. It is also likely that Vodafone will have very little in the way of system notes however, it would be worth sending them a SAR to get what they have.

 

By acknowledging the claim then by defending, Lowell will have to supply any proofs that they mention in the claim.

[dx100uk]

i'd go file the sb defence

have you still got a copy of the claimform front page with the log-in details for the MCOL website?

 

 

if so pop back up and we'll give you the SB defence to file

 

 

that will kill the claim dead

[daniel197]

Yes, I filed the acknowledgement online via the MCOL, so i still have the original forms.

 

thanks

daniel

[dx100uk]

Great I'll pop the SB defence up later

[dx100uk]

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.

 

..ends..

[daniel197]

Defence has been submitted this evening. Thank you all for your help, i'll keep you posted on the outcome.

 

Cheers

[daniel197]

Is there a time scale after submitting my defence before the claim gets struck out/set aside?

[unclebulgaria67]

Is there a time scale after submitting my defence before the claim gets struck out/set aside?

 

The claimant would have been advised of the defence. Just does not proceed any further (stayed), until the claimant wants to go through the process and you will be advised by the court, asking you to complete an allocation form, so it can go to your nearest court of necessary.

 

Suspect they will just check whether it is SB and you may or may not get letter from Lowell saying they have discontinued.

[dx100uk]

did you get an acknowledgement that the court got your defence?

[daniel197]

Yes, MCOL says defence was received on 3rd Oct.

[dx100uk]

you typically get an ack that says if the claimant does not progress the claim

after 28 days it gets stayed.

 

 

but don't forget also to read other threads too in case yours progresses too so you know whats to come