Lowel claimform - old Vodafone mobile debt

[chaddyowl]

Hi,

 

 

 

My son received a CC Summons from Lowell for and old Vodafone broadband account when he was in bad relationship with a woman.

 

 

he has not dealt with this and has stuck head in sand, ex has nowt and only know he got letter in March from lowell offering 20% discount then another in June saying something like 30 days to prevent legal action which he also ignored.

 

 

Next thing CCS Issue date 25 July arrives at mum and dads house with his name on it.

 

 

Any help appreaciated please! Thanks

[dx100uk]

please complete this:

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2018**(1-Viewing)-nbsp

[chaddyowl]

Name of the Claimant ?-Lowell Portfolio 1 Ltd

 

Date of issue – 25 July 2018

 

Particulars of Claim

1) The defendant entered into an agreement with Vodafone under account reference***********

2) The defendant failed to maintain required payments and the service was terminated.

3) the agreement was later assigned to the Claimant on 31/10/17 and Notice given to the defendant.

4 Despite repeated requests for payment the sum of £283 remains due and outstanding.

And the Claimant Claims

a) The said sum of £283

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 £0.062, but limited to one year, being £16.51

c) costs

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?- Letter of Claim sent 18-6-18

 

What is the total value of the claim?- £375

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Broadband

 

When did you enter into the original agreement before or after April 2007 ?- After

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Dont know

 

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 to Lowell who is taking court action

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?- He can't remember letter of assignment.

 

Did you receive a Default Notice from the original creditor?- Cant remember or ex thrown it away.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments?- Out of work no money.

 

What was the date of your last payment? Sometime in about June 2017

 

Was there a dispute with the original creditor that remains unresolved?- Don't know

 

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

 

 

Apologies for limited information,

his credit file must be shot at and his ex even worse,

me and mum paid lots off for him but can't keep doing so financially.

 

 

I am sure this wont be the last and minded to throw him under and let him get CCJ I'm that angry..

he is 25yrs old for goodness sake with brains of a 3 yr old.

 

Hope someone can help.

Thanks

Edited August 1, 2018 by dx100uk
format

[dx100uk]

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

[chaddyowl]

dx100uk Many thanks.

 

 

I have done this for him and sent out CPR 31:14.

 

 

Will see if anything comes back.

 

 

Not sure yet what defence I can file for the idiot.

 

 

Thanks again.

[dx100uk]

1000's of like claimform mobile debts threads here

get reading

use our search CAG box of the top red toolbar

 

claimform mobile

 

DO NOT miss you defence filing date no matter what happens

post it here 1st mind!

[chaddyowl]

Hi all,

 

 

Defence was filed on time, sorry didn't post it up but have been really ill after heart attack.

 

 

This is the defence provided.

 

 

The Defendant contends that the particulars of claim are vague and

generic in nature. The Defendant accordingly sets out its case

below and relies on CPR r 16.5 (3) in relation to any particular

allegation to which a specific response has not been made.

 

1. Paragraph 1 is accepted insofar that a relationship did once

exist between the Defendant and Vodafone however, I cannot recall

this account (Agreement) The claimant has yet to disclose a copy

of the Account/Agreement mentioned in particulars of Claim.

 

 

2. Paragraph 2 is denied ,the Defendant has not been served with a

notice of termination and the claimant is put to strict proof

thereof.

 

 

3.Paragraph 3 is denied .The defendant is unaware of any legal

notice of assignment or Notice of Assignment pursuant to Law and

property Act 1925 Section 136(1).

 

4.Therefore the defendant denies owing any money to the Claimant

and the claimant is put to strict proof ,

 

Show how the Defendant has entered into an Agreement.

Show how the Defendant has reached the amount claimed for.

Show how the Claimant has legal right ,either under statue or

equity to issue a claim.

 

 

5.As per Civil

Procedurehttps://www.consumeractiongroup.co.u...ages/link3.gif

Rule 16.5(4) it is expected that the Claimant prove the allegation

that the money is owed; having been provided with written requests

for information under CPR 31.14 and to date have failed to provide

any such documentation as detailed on the particulars of claim.

 

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 1925.

 

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.

 

 

Lowell replied to CPR letter saying as this is telecommunications matter it's not regulated by CCA 1974, Stated default notice does not apply as this is service agreement so no default issued, they say requested statements from original creditor and will contact when received.

 

 

They confirm that at no time has their client Lowell Portfolio ltd entered into any contract with me directly stating it was lawfully assigned and have requested copy of assignement, they acknowledge acknowledgement of service to defend.

 

 

Received a Notice of proposed Allocation to small claims track with a form N180 to fill in before 8th October 2018.

 

 

many thanks, this is making me bleeding ill.

[dx100uk]

yes to mediation

yes to small claims track

state your local county court

1 wit you

the rest is obv

 

three copies

1 to court

1 to sols minus email/sig/phone

1 for your file

[chaddyowl]

Thanks very much DX.