Name of the Claimant ?
LOWELL PORTFOLIO 1 LTD
Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.
16 OCT 2019
Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) –
16.10.2019 + 19 days = 03.11.2019 + 14 days = 17.11.2019
^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total
Particulars of Claim
What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.
1) The Defendant entered into an agreement with Vodafone under the account reference ********* (“the Agreement”).
2) The Defendant failed to maintain the required payments and the service was terminated.
3) The Agreement was later assigned to the Claimant on 24/12/2014 and notice given to the Defendant.
4) Despite repeated requests for payment, the sum of £1389.92 remains due and outstanding.
And the Claimant claims
a) The said sum of £1389.92
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 £0.305, but limited to one year, being £111.19
What is the total value of the claim?
Amount claimed £1501.11
Court fee £105.00
Legal representative’s costs £80.00
Total amount £1686.11
Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?
Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?
Did you inform the claimant of your change of address?
Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?
When did you enter into the original agreement before or after April 2007 ?
Before April 2007 - 28.07.2006
Do you recall how you entered into the agreement...On line /In branch/By post ?
Likely to online, otherwise by phone
Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?
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.
Assigned Debt purchaser, Lowell Portfolio 1 Ltd
Were you aware the account had been assigned – did you receive a Notice of Assignment?
Did you receive a Default Notice from the original creditor?
Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ?
Why did you cease payments?
Became ill, in fact disabled, and had to halve my working hours to try to cope.
What was the date of your last payment?
Was there a dispute with the original creditor that remains unresolved?
Yes, in that in trying to communicate with Vodafone I ended up with about 5 different complaint numbers making it difficult to agree a payment plan and resulting in the debt increasing.
Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?
Yes, Vodafone did not accept any of my offers, they always asked for a lot more because they insisted in my clearing the whole debt within 6 months. My account was suspended in March 2014 so I could not make any payments.
the letter sent out by the developers talks about VCS issing "penalty fines" and "penalty charges".
Now does that mean that VCS have been instructed to break the law?
the thing about the car not being a NTD is a wheeze invented by Gladstones/IPC and hasnt been tested in court. As said, that would require a copy of Hansard for the Bill's final reading as it was enacted so the intent of parliament can be seen. You will need to hope that your expanation of the sleight of hand by VCS to the judge is accepted but I must admit that I am not clear exactly where you car was parked ( yes I know the overall address) and whetehr it was actually private land or the roadway that was already existing when this development was built. Now the council can unadopt a highway ( usually temporarily) so that is somehting else you will need to be able to answer with some conviction, they will tell lies or possibly say fairview told them that they could march all over everywhere so it must be true.
We have seen cases where the judge has looked at public land with illegal signs on as still offering a contract!
well, some of the terms are unfair terms and that means the whole contract is invalid if you do not wish to be bound by it. Do you really consent to them damaging your car? would any court think that they can absolve themselves from a civil tort for doing so just by putting it in a sign so far down it is not clear? No chance. if you want examples then you look
To pick on another as an example, they say smoking is prohibitied- well it is prohibitied by the law of the land so if somee in the car park is smoking does that mean NCP will take over from the railway co/CPS in prosecuting this. No, like their mention of railway byelaws, they are supreme not this illegible contract.
Filming without their consent? not their land so what are they ging to do if you film on railway land, issue you with a demand for £100? I would love to see that up before a judge. What about your dashcam?
they rely on everyone being more stupid than they are to earn an extra payout. It still isnt a single marked bay so you cant park outside it
Don't touch them owe me £500 since January 2019 make excuse after excuse. Seem they always have software problems sending money out. Keep saying they will call back or email nothing been chasing it now for 6 mths the phone staff always have the same banter we will chase it up and get back to you then nothing!