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Lowell/lowell Solicitors claim form - old Vodafone mobile debt

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Name of the Claimant: Lowell Portfolio I Ltd

Date of issue: 21 November 2016

 

What is the claim for:

 

1) The Defendant entered into an agreement with Vodafone under account reference XXXXXXX ('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 XX/XX/2013 and notice given to the Defendant.

 

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

 

And the Claimant claims

a) The said sum of £XXX.XX

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 £0.0XX, limited to one year, being £XX.XX

c) Costs

What is the value of the claim? Circa £400

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: Debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I recall.

Did you receive a Default Notice from the original creditor? No.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Have had various letters from Lowells.

Why did you cease payments? Financial difficulties.

What was the date of your last payment? 29/03/2011

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.

 

 

Hello all.

 

I've been kindly recommended this site by a dear friend, as I have this morning received a summons from Lowells for an old Vodafone debt and I was hoping you would be able to help me respond.

 

I've read through some other threads and have found the form that I need to fill in for you to help, so here goes...

 

Thanks in advance guys. If you need me to be more specific with figures and dates, please let me know.

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Do you dispute the debt at all? Can you afford to pay it off now?


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ok well get the important bits done

 

after registering, acknowledge the claim [AOS} on the MCOL website

defend all

leave jurisdiction unticked

 

what happened with the phone account

you simply moved provider and this is the full term cost they think you owe?

tell us more

get a CPR 31:14 running to the solicitor.


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Thanks for the help, guys.

 

Bankfodder - I really don't know what was owed to dispute it. I just have an email confirming my last payment date, but no amounts. I can't afford to pay it all, no.

 

dx100UK - I lost my job and couldn't afford to keep up payments, so that will be final bill, plus early termination. I have no information as to the breakdown of that figure.

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well early termination is most probably questionable.

 

 

lots of mobile claim threads here

time to get reading

don't forget to get post 3 done ASAP


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Thanks so much!

 

Letter will go out tomorrow along with AOS.

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do aos online and defence [later] claim form is purely for ref if doing stuff online


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Just a quick in and out for me.

 

When Vodafone transfer a debt to a DCA, they add on an admin fee as well as the termination fee. It is my opinion that VF total up the FULL monthly amount until the end of the contract and demand that sum however, as they are not providing any service, the monthly amount charged should be less. Landline companies do it!

 

Unless things have changed recently (which I doubt) VF add on an admin fee of 15% or £100 whichever is the lowest. This admin fee is (again, in my opinion) unlawful as it does not represent the true cost of pressing a few buttons. A full breakdown of the amount would be needed to confirm this.

 

If you entered into a contract in store and signed an agreement, the chances are that VF and Lowells won't be able to find it as VF store these contracts off site and in no particular order. Again, this may have changed in the last couple of years.

 

As Lowell have now bought this 'debt', they are the claimant but even now, they may be willing to negotiate a lower sum to settle the account before court.


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Some great info there. Thank you very much.

 

The AOS was done last week. CPR sent. Let's see what happens...

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Some great info there. Thank you very much.

 

The AOS was done last week. CPR sent. Let's see what happens...

 

Keep your eye on your defence date


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Good Morning.

 

Have had a response to my CPR 31:14 request, from Lowell Solicitors, whereby I had asked for copies of the documents they referred to in their claim, namely:

  • the Agreement
  • the Default Notice
  • the Notice of Assignment

 

Dear UnclePete

 

We refer to the above matter and acknowledge receipt of your letter dated 23 November 2016.

 

We note your intentions to defend the Claim and confirm we have received your Acknowledge of Service which provides a further 14 days for you to respond to the Claim form appropriately.

 

As this account is a telecommunications account it is no regulated by the Consumer Credit Act 1974 therefore the original creditor is not obliged to provide you with a copy of the agreement or default notice. We confirm we have requested copy statements and ask you to refer to the Vodafone website for their terms and conditions.

 

The outstanding balance relates to a former Vodafone account taken out on XX XX XXXX with a contact number of 07000 000000. Due to non-payment the account then defaulted on XX June 2011 and was registered to your credit file. The last payment made towards your account was for £42.03 4 February 2011.

 

A County Court Claim has been issued 21 November 2016, you should read this fully and reply to the Claim. If you are admitting the debt in full and wish to pay by instalments, our team are available to conplete the admission form response with you over the telephone if you prefer. They can be contacted by calling the above number between 8am and 8pm. If you are completing any other form in response to this Claim, this should be sent directly to the Court as directed on the Claim Form.

 

Failure to respond to the Claim before 19 December 2016 may result in us applying for a CCJ in default to be issued against you with terms set out by court. This would mean further costs and could makie it difficult for you to obtain credit, mortgages or even some employment whilst it remains unsatisfied on your credit file for a maximum of six years.

 

Yours Sincerely

 

Lowell Solicitors

 

What melts my brain a little, is that if they're not regulated by the CCA1974, how can they default you?

 

Anyway, I digress. What do you guys think?

 

Many thanks in advance, as always!

 

x

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funny how their poc says the OC DID issue a default notice...:lol:


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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I noticed that!

 

Shall I just wait for their statements now?

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Morning guys,

 

Sorry to be a pain. Just aware that I'm running out of time and I'm not sure what the best way to proceed is.

 

Will chuck forth a donation to the site for all the advice.

 

Thanks and apologies again.

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have a go at a defence

copy your thread title into the search CAG box of the red toolbar

 

 

defence is not due till/by 4pm on the 23rd


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Good Afternoon.

 

After much reading up, here is my draft defence...

 

Particulars of claim

 

1) The Defendant entered into an agreement with vodafoneicon under account reference XXXXXXX ('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 XX/XX/2013 and notice given to the Defendant.

 

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

 

And the Claimant claims

a) The said sum of £XXX.XX

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 £0.0XX, limited to one year, being £XX.XX

c) Costs

 

Proposed Defence

 

1. Paragraph 1 is accepted. I have, in the past, entered into a contract with Vodafone, however I do not recall the exact details, nor do I recall any outstanding balance. I have requested the claimant verify the exact details of this claim by way of a CPR 31.14. The claimant has refused to provide me with a copy of the agreement, stating he is not obligated to do so by virtue of the Consumer Credit Act 1974. To date, no statement of the alleged account has been received.

 

2.Paragraph 2 is noted, again I do not recall any breach and I have never received the stated Default Notice. The Claimant has stated, by letter, that he is not obligated to provide a copy of the Default Notice, again by virtue of the Consumer Credit Act 1974.

 

The Claimant is to provide strict proof to:

(a) show how the Defendant has entered into a Agreement/ Contract; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

3. As per Civil Procedure Rule 16.5(4), it is required that the Claimant prove the allegation that the money is owed.

 

4. If the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim, due to contraventions of Section 136 of the Law of Property Act.

 

5. Regardless of the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly states that any Early Termination Charge, that is made up of the entire balance of the remaining contract, is unlikely to be fair, as it fails to take into account the fact that the provider no longer has to provide and pay for their service.

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed, or any relief.

 

 

I look forward to receiving your feedback.

 

Kind Regards

 

Pete

Edited by Andyorch
PoC added

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What about their points 3&4 Pete?

 

Andy


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Thanks for pointing that out, Andy. What do you think?

 

Many thanks

 

U.P.

 

1. Paragraph 1 is accepted. I have, in the past, entered into a contract with Vodafone, however I do not recall the exact details, nor do I recall any outstanding balance. I have requested the claimant verify the exact details of this claim by way of a CPR 31.14. The claimant has refused to provide me with a copy of the agreement, stating he is not obligated to do so by virtue of the Consumer Credit Act 1974. To date, no statement of the alleged account has been received.

 

2. Paragraph 2 is noted, again I do not recall any breach and I have never received the stated Default Notice. The Claimant has stated, by letter, that he is not obligated to provide a copy of the Default Notice, again by virtue of the Consumer Credit Act 1974.

 

3. Paragraph 3 is denied.I do not recall having received a Notice of Assignment, as stated by the Claimant and despite my request for a copy of said document, under CPR 31.14, the Claimant has failed to provide me with such to date.

 

4. Paragraph 4 is denied in regards that the claimant is misleading the court in its pleadings and has never made contact or made requests prior to issuing this claim. Its sole purpose in purchasing this debt was to litigate and secure a county court Judgment and therefore Pre Action Protocol was never attempted and should be considered in deciding the outcome of their claim

 

Therefore the Claimant is to provide strict proof to:

 

(a) show how the Defendant has entered into a Agreement/ Contract; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

 

5. The Claimant has stated that he has made several requests for repayment, yet I do not acknowledge any debt to the Claimant.

 

6. As per Civil Procedure Rule 16.5(4), it is required that the Claimant prove the allegation that the money is owed.

 

7. As the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim, due to contraventions of Section 136 of the Law of Property Act.

 

8. Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly states that any Early Termination Charge, that is made up of the entire balance of the remaining contract, is unlikely to be fair, as it fails to take into account the fact that the provider no longer has to provide and pay for their service.

 

9. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed, or any relief.

Edited by Andyorch
Tweaked and added point 4

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Few tweaks made above and I have added your point 4 with your agreement.

 

Andy


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

 

If you want advice on your thread please PM me a link to your thread

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You're a star. Thanks Andy!

 

All the best,

 

Pete

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got one similar going one mind if i tag along to see how it goes

 

thanks


:???: what me. never heard of you never had a debt with you.

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So... A little update.

 

Last week Lowell's sent me a copy of their Directions Questionnaire, where they state they are willing for the case to be referred to the Small Claims Mediation Service.

 

Today, I have received my copy of the Notice of Proposed Allocation to the Small Claims Track and was wondering how to complete it?

 

Many thanks in advance,

 

Pete

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yes to mediation the rest is obv 1 witness you


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Thanks dx. Will do so.

 

Just to rationalise why I do so, why do I agree to mediation if they've failed to produce anything to substantiate their claims? I've not even had a statement of account.

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