Lowell/lowell Solicitors claim form - old Vodafone mobile debt

[UnclePete]

Hi Andy

 

I hope all is well with you.

 

Have you discovered anything that might help on the big day?

 

Many thanks in advance

 

All the best

 

Pete

[AndyOrch]

Apologies Pete I have not had chance..will run through the thread this evening.

[AndyOrch]

Hi Pete

 

The bulk of the the debt is in effect due to airtime and early termination fee to which you have already challenged this within your defence...and your witness statement which you have put them to strict proof to validate and quantify.

 

Therefore a copy of the Contract and T&Cs will have to be disclosed if they rely on this as a prescribed term.

 

Refer and rely on Unfair Terms in Consumer Contracts (UTCCRs) Terms that allow the Provider to take too much of your money if you back out of a contract can be unfair.

 

 

http://www.legislation.gov.uk/uksi/1999/2083/regulation/5/made

 

Last payment by yourself was dated 2nd Feb 2011

 

The claim was issued 21 November 2016...3 months early of the 6 years Limitations

 

With regards to the default and Notice of Default although this is an unregulated contract..there must be provision that the provider informs you of the default and allow you to rectify it...a letter ..a warning...a final demand..you will have to refer to the T&Cs of the contract under the section missing payments..

 

With regards to their comment in their WS that the cause of action was subject to the assignment ...I would ask how they arrive at that statement and what has any alleged breach of contract can be linked to section 136 of the Law of Property Act 1925 ?

 

Lastly I would also throw in the following on any witness statement prepared for a DCA when litigating on an assigned debt...and should be checked.

 

All witness statements in support of the claims by a DCA which refer to hear say evidence rely on CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part33#33.2

 

http://www.legislation.gov.uk/ukpga/1995/38/section/2

 

 

All the best

 

Regards

 

Andy

[UnclePete]

Andy. You are a star and a legend, and I owe you big time regardless of outcome.

 

One week to go...

[Pepe2004]

Good luck Uncle pete, keep us posted

[Jobbob]

Hi what was the outcome of the hearing? I have a similar claim from them

[UnclePete]

Hello all.

 

the hearing was yesterday.

The long and the short of it was that the judge agreed that without the Service Contract, they couldn't show whether the early termination fee was applied correctly, so that was written off.

 

It was felt that they had provided enough evidence to show that I had used the airtime so I was liable for that plus costs, which apart from the costs I thought was fair.

[Jobbob]

Thanks for the update Pete.

[Multay]

Thanks for the update Pete.

 

I really don't know how I missed this thread, it identical to mine and I suspect the outcome will be the same.

Uncle Pete, what were the costs? Mine seem to increase all the time... theyve added around £200 now..

[AndyOrch]

Hello all.

 

the hearing was yesterday.

The long and the short of it was that the judge agreed that without the Service Contract, they couldn't show whether the early termination fee was applied correctly, so that was written off.

 

It was felt that they had provided enough evidence to show that I had used the airtime so I was liable for that plus costs, which apart from the costs I thought was fair.

 

Hi Pete...well done

 

So a small victory in a way....so what would the final judgment amount be ?

 

Regards

 

Andy

[UnclePete]

Morning Andy

 

Just shy of £320 including costs.

 

I want to thank you again for all your help and as soon as I get paid I will send a donation.

 

All the best

 

Pete

 

PS if anyone needs any further questions regarding the judgement, don't hesitate to pop a note on here

[UnclePete]

Costs were £140, Multay. They had a sent a local solicitor to represent them and he tried to squeeze another £200 out of me for his fee, but the judge was having none of it.

[AndyOrch]

Many thanks Pete......so with all their costs of litigation.....and after the adjustment of the initial claim....hardly worth their while:wink: