Lowell claimform - old voda mobile 'debt'

[dx100uk]

no and yes

[Mathew1988]

ive done a lot more reading and it appears that I hadn't grasped what a defence was meant to be.

 

 

in my mind it was the reasoning behind why the original problems occurred with voda rather than a defence to the particulars of claim on the claim form.

 

 

ive found a very similar case that appears to be exactly the same as the issue im having.

 

 

from the particulars of claim would this be sufficient or need altering

in that ive had a response from Lowell stating they don't need to provide the information ive requested on the cpr31:14.

 

 

particulars of claim

 

 

1, The defendant entered 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 30/03/2015 and notice given to the defendant

4, Despite repeated requests for payment the sum of £763.91 remains due and outstanding.

and the claiment claims

a, the said sum of 763.91

b, interest pursuent 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 £0.167 but limited to one year being £61.11

c, costs

 

CLAIM NUMBER: ********

 

1. Point 1 is denied with regards to the defendant entering into an agreement referred to in the Particulars of Claim (‘the Agreement’) the Claimant has yet to disclose any such agreement as requested by CPR 31. 14 and the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show proof the Defendant was sent default notice and termination notice; and

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

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

(d) provide statement of account

 

 

2. Point 2 is denied with regards to the defendant failing to maintain the required payments and did not comply with a default. Claimant has yet to disclose any such documentation as requested by CPR 31. 14 the Claimant is put to strict proof to:

(a) provide a copy of the default notice sent to the Defendant

 

 

3. Point 3 is denied with regards to the Defendant being informed the Agreement was assigned to the Claimant. Claimant has yet to disclose any such documentation as requested by CPR 31. 14 the Claimant is put to strict proof to:

(a) provide a copy of the correspondence informing the Defendant the Agreement was assigned to the Claimant.

 

 

4. Point 4 is denied with regards to the Defendant being sent repeated requests for any monies to the Claimant, the claimant has failed to provide any evidence as requested by CPR 31. 14 and the Claimant is put to strict proof to:

(a) provide copies of said correspondence

 

5. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

6. On the alternative, 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 and Section 82A of the consumer crediticon Act 1974.

 

 

7. Notwithstanding the above should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if 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.

[AndyOrch]

Well its all there as per my original draft...except you have jiggled it all in the wrong order

[Mathew1988]

Sorry but in what way is it in the wrong order? I found this on another thread regarding a lowell/Voda claim form I didn't realise it was something you had done. If I'm honest I'm struggling with this as it's all new to me

[AndyOrch]

Ah yes post #19 here......

 

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

 

but if you keep reading you will see the defence changes again....once corrected

Andy

[Mathew1988]

So post 20 of the above thread seams to be the altered version. In that it says paragraph 1 mutually terminated agreement whilst last two invoices were disputed. Obviously that isn't relevant to my case.

 

How could i word it so it is? Would " the agreement was mutually terminated as the promised service failed to be provided" would that be sufficient.

 

Sorry for all the questions I just want ti make sure I get this right. I'll be making a donation to the site as soon as I get paid as your help has been amazing and the information on here is brilliant.

[AndyOrch]

Mathew I think you need to state in your main opening that you admit entering into a service contract with VF for 4G...which Vodafone were unable to supply and therefore they were in breach of their contract as said service was not fit for purpose.

The contract was therefore disputed and terminated.

[Mathew1988]

So would that go in my paragraph one part. Is it worth mentioning that i was promised a nhs discount on my bill but was never applied.

 

Thanks

[AndyOrch]

So would that go in my paragraph one part. Is it worth mentioning that i was promised a nhs discount on my bill but was never applied.

 

Thanks

 

Not really..you can expand on that in your witness statement should they wish to proceed.

[Mathew1988]

so this is what I have as my defence. does this look ok? anything else I need to add?

 

Particulars of claim

 

 

1, The defendant entered into an agreement with vodafoneicon 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 30/03/2015 and notice given to the defendant

4, Despite repeated requests for payment the sum of £763.91 remains due and outstanding.

and the claiment claims

a, the said sum of 763.91

b, interest pursuent 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 £0.167 but limited to one year being £61.11

c, costs

 

 

1. The Defendant entered into an agreement with Vodafone. The defendant was promised that they would receive 4g coverage at there home address which Vodafone failed to provide and as such were in breach of contract. Because of this said service was not fit for purpose. The contract was therefore disputed and terminated.

 

 

2. Paragraph 2 is denied. The Defendant denies failing to maintain the required payments to vodafone. It is not admitted that any valid Default Notice was ever served. It is denied that I have failed to respond to demands for payment sent by the claimant and/or its agents. The Claimant is put to strict proof that any such demands have sent to me by the claimant.

 

3. Paragraph 3 is denied with regards to the Defendant being informed the Agreement was assigned to the Claimant. Claimant has yet to disclose any such documentation as requested by CPR 31.14

 

The claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement/contract; and

(b) show proof the Defendant was sent default notice and termination notice/demand notices; and

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

(d) show how the Defendant has reached the amount claimed for.

 

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

 

5. On the alternative, 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 and Section 82A of the consumer credit Act 1974.

 

6. Notwithstanding the above should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if 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.

 

7. 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.

 

 

thanks again for all the help

[Mathew1988]

also when I submit my defence on mcol do I need to send a copy to Lowell or is it all done through the courts?

[AndyOrch]

The court will forward a copy Mathew...just one further issue on their point 4

 

Is it true they made repeated requests from assignment 30/03/2015.... ?

 

4, Despite repeated requests for payment the sum of £763.91 remains due and outstanding.

and the claiment claims

 

Andy

[Mathew1988]

ive never had anything from them before the claimform that came through. ive been at the same address for 2 years now so theres no reason I shouldn't have

 

 

do I need to put something in my defence to cover that

 

 

mathew

[AndyOrch]

I think I would pop a line in to respond to their point 4.

 

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.

[Mathew1988]

that's brilliant thanks. so im ending up with something like this?

 

Particulars of claim

 

 

1, The defendant entered into an agreement with vodafoneicon 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 30/03/2015 and notice given to the defendant

4, Despite repeated requests for payment the sum of £763.91 remains due and outstanding.

and the claiment claims

a, the said sum of 763.91

b, interest pursuent 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 £0.167 but limited to one year being £61.11

c, costs

 

 

1. The Defendant entered into an agreement with vodafone. The defendant was promised that they would receive 4g coverage at there home address which vodafone failed to provide and as such were in breach of contract. Because of this said service was not fit for purpose. The contract was therefore disputed and terminated.

 

 

2. Paragraph 2 is denied. The Defendant denies failing to maintain the required payments to vodafone. It is not admitted that any valid Default Notice was ever served. It is denied that I have failed to respond to demands for payment sent by the claimant and/or its agents. The Claimant is put to strict proof that any such demands have sent to me by the claimant.

 

3. Paragraph 3 is denied with regards to the Defendant being informed the Agreement was assigned to the Claimant. Claimant has yet to disclose any such documentation as requested by CPR 31.14

 

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 put to strict proof to:

 

(a) show how the Defendant has entered into an agreement/contract; and

(b) show proof the Defendant was sent default notice and termination notice/demand notices; and

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

(d) show how the Defendant has reached the amount claimed for.

 

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

 

6. On the alternative, 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 and Section 82A of the consumer credit Act 1974.

 

7. Notwithstanding the above should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if 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.

 

8. 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 December 17, 2016 by Andyorch
tweaked

[AndyOrch]

Perfect..I have moved your point 4 up above

[Mathew1988]

ive now submitted my defence through mcol. thanks to the help above, what sort of timescales am I likely to be before I hear anything from now? safe to enjoy xmas without worrying?

 

 

thanks again

[dx100uk]

they have 28 days to do 'something'

else it gets autostayed.

 

 

lets put it this way

 

 

you can go enjoy xmas and return to this in the next year.

nothing will now happen that is 'bad' to you for +2 weeks

 

 

why not revisit 1st week of the new year...

[Mathew1988]

That's brilliant thanks again

[Mathew1988]

So i had a letter dated 20rh December from the courts acknowledging receipt of my defence stating a defence will be served on the claimant.

 

I've not done anything with this over Christmas as i just wanted to put it to back of my mind but I'm aware I need to do something now.

 

How long roughly am I likely to be waiting to hear anything else? Is there a set time they have to respond? Is there anything I need to be doing in mean time

 

Thanks

[AndyOrch]

Put it back to back of your mind...nothing to do or is happening...claimants move next.

 

Andy

[Mathew1988]

Oh right thanks.

 

Mat

[dx100uk]

If you read that letter regarding your def..

I think it tells you...??

[Mathew1988]

It just says that should the claimant wish to proceed the court will contact you. I just wondered if there was a set time frame like there is with some things

[dx100uk]

Oh sorry I thought it said 28days

 

Well there you go..

 

They had 28 days to do 'soneething'

They didn't

Its now stayed

 

Twill cost them more money now to progress in court fees

 

Essentially its now dead