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    • Hi all,   First time I'm doing this post and first time this has ever happened. I have been sent speeding fines before and I have always sent details and either been to speed awareness courses or had points and paid fine. In this instance, I have supposedly been sent a letter to provide driver information for speeding fine, and then again another letter to say not received anything and to provide again this was all apparently in 2018.   I then received a letter this week (which I actually got) saying I need to pay £800 and have 6 points to add on my licence for failing to provide info and failing to come to court date.   I never received anything prior this the last letter which I received this week.   I have been told to make a statutory declaration, in which they said you need to attend court date and say that you never knew of the letter beforehand, which I said yes and then they said if found to be guilty u could face prison sentence and more fines. I was ok with this as I know I haven't received any letters like this prior (until the final one this week)   After reading reviews its quite concerning as some people have mentioned that the court basically look at your case and even though you may not received the letter, its more of a he said, she said scenario, which as mentioned is concerning as if I haven't received any letters prior how could I have given my driver information and that court could basically say, the letters were sent out and that your lieing.   But as mentioned before I have had speeding fines in past and have always sent off information, if I did make an offence   Is anyone able to give me any advice?
    • Reported the issue within days but the dealer flatly refused to speak to me and pretended to be abroad. There is no way he was going to take the car back. The finance company were behind me initially but then suddenly changed tack when they investigated the dealership more closely. The law states that my contact is with the finance company who provided the finance and who paid the dealer at the onset of the agreement. They are jointly liable for any breach in the law but this is academic as a number of prosecutions against the dealer have just resulted in a change of director (just another loophole that is exploited to avoid paying up)   Finance Companies fall under the Financial Services Authority umbrella and it was their Ombudsman who oversaw this complaint.  
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    • you mean the FOS surely?   did you report the fault within 30 days of purchase to the retailer? if so as andy says you are entitled to reject the car and get a full refund from the RETAILER. under your short term right to reject CRA cannot normally be against the finance co.
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      • 14 replies
Genzoz

backdoor Lowell Vodafone CCJ - set aside - now at new hearing stage

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Good Morning All,

I am new to the forum and  I have an issue here with the above claimant

I was wondering if it might be possible to request some help in relation to an agreement I had with mobile phone company (Vodafone).

 

I applied for a new mobile phone contract in December 2011 which lasted a year with poor service and being overcharged. 


 In November 2012, Vodafone offered that I should upgrade to a new fixed term contract with a handset included in the overall price of the fixed term deal for a period of 2 years with a promise that the over payment will be refunded in due course but no refunds were ever made.


I am not sure if it is worth to pay a fee and make a counterclaim?


Moreover,

in December 2013 I was offered extra sim cards for my 3 children all under my name.

The extra sim cards were one bundle of contract for a duration of 1 year.


During this time,

the company failed to deliver services on many occasions including failure to carry out promised calls and not to mention billing issues.

Vodafone's last payment was taken from my bank account in December 2014.

 

I communicated to the phone company that I need them to text me my pack codes and received 2 Pcodes for 2 mobiles only

I insisted that they should text me the remaining 2 Pcodes.

However, they said that they have already issued all the Pcodes and they are unable to issue them again.


After arguing with Vodafone a couple of times over the phone they made me ill because I was not getting anywhere with them.

they have a tendency to twist things around before  they hang up on me a few times.

 

Since then I was under the impression that is all over now until Feb 2016.


In Feb 2016, Lowell Portfolio sent me a letter stating that the original creditor has registered details of an unpaid balance against me on my credit file.

This was the first communication I heard since January 2015.


The mobile company defaulted my account back in January 2015.

 Lowell added that as they are now the legal owner of the account the default has been transferred to their name.


The only proof I have against Vodafone is my bank statements because I could not access my Vodafone online account and being told lies more often like my contract is an ongoing contract???


Lowell last correspondence : (see Notice of County court judgement letter enclosed here dated 13/02/2019)


Briefly, I managed to get the judgement set aside in the county court and It is ordered that :
1. judgement set aside under CPR 13.3(1)(G) and any warrant other than enforcement discharged, providing the defendant by pm on 15 May 2019 file a full defence with the court and serves a copy on the claimant attaching copies of any documents to be relied up on.

2. Costs reserved. Dated 1 May 2019

 

Hope this clarifies somewhat.

I do look forward to any advice that could be suggested as to my next steps.
Thank you all for your time and efforts. 


Summary:
1    December 2011 joined Vodafone and took out contract .


2    December 2012 Upgrade (new price plan)


3    December 2013 Upgrade to extra (3 new sim cards)


4    December 2014 service cancelled and pack code requested (receiver 2 Pcodes only)


5    February 2016 I was informed by Vodafone that Debt of (£303.89) was sold out to Lowell.


6    February 2016 I was informed by Lowell that the debt was sold to them.


7    March 2016 I replied to their letter asking for proof of the debt but received no reply.


8    December 2018 I received a letter stating that legal proceedings had now been issued.


9    January 2019 I received judgement  for the claimant in default (CCJ) as a result of the original claim form not being delivered.


10    January 2019 I responded to the CC J with an acknowledgement of service.


11    February 2019 I received courts and tribunals service appointment for the hearing to set aside judgement.


12    May 2019 Judgement set aside under CPR 13.3(1)(G)


13    15 May 2019. Time: 16:00 -- Deadline to file and serve my defence.


 

Notice of county court judgment.jpg

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seems like lowells are jumping the gun...

 

you need to file a defence by 15 May 2019. Time: 16:00

 

ring northants bulk and check?

dx

 


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Yes I do.

Thanks to the forum I have been preparing my defence please could you proof read:

 

1.    Except where it contains admissions, the defendant requires the claimant to prove the matters set out in the claimant letter dated 15/02/2016


2.    The defendant     have communicated unresolved disputes with the original creditor     which remains unresolved.


3.    The defendant is relying on Bank statements to prove that the original agreement     was fully paid for the duration of the above contract under account ref: xxxxxxxxx


4.    The defendant admits that the original agreement with Vodafone began on the 12th     December 2011.


5.    The defendant ceased making payment after receiving Pack codes in relation to 2 mobile phones numbers on the 


6.    The claim for the mobile account in question has an alleged value of £435.20.


7.    The defendant denies that anything is due to the claimant, 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;


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


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


10.    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.


11.    Subject to the above, should the alleged amount claimed include an early     termination charge(s) amounting to the total balance of the remaining contract,  OF-COM 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.


12.    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.

The hearing will take place at the county court at clerkenwell and shoreditch the Gee street court house London EC1.

 

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Hi and Welcome to CAG

 

If you could read the following link and then copy and paste the Q,s and your responses back here so we have all the details of the claim and history of the agreement to enable further advise on preparing a suitable defence going forward.

 

https://www.consumeractiongroup.co.uk/topic/357877-you-have-received-a-claim-what-you-need-to-do-updated-jan-2019/

 

Regard

 

Andy

 


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Name of the Claimant  Lowell Portfolio I 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.

Answer:  The original claim form was not received.

Particulars of Claim


What is the claim for 
1)    The defendant entered into an agreement with 
Vodafone under account reference  ……. ("the agreement).
2)    The defendant failed to maintain the required payments and the service was     terminated and notice given to the defendant.
3)    The Agreement was later assigned to the claimant on 29/01/2016.
4)    Despite repeated requests for payment, the sum of £303.89 remains due and outstanding.
And the claimant claims
a) The said sum of £303.89
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 £0.067, but limited to one year, being £24.31

What is the total value of the claim? £435.20


Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?:Yes


Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? :No


Did you inform the claimant of your change of address? There is no change of address.


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


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


Do you recall how you entered into the agreement...On line /In branch/By post ?  By phone.


Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) : I don't 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.  Lowell Portfolio I Ltd.


Were you aware the account had been assigned – did you receive a Notice of Assignment?  yes


Did you receive a Default Notice from the original creditor?  Not a default notice as such but a letter informing that my account was assigned to Lowell Portfolio I Ltd.


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


Why did you cease payments? I ceased payment because I cancelled the contract and requested  pack codes for all the phones but received 2 Pcodes only and Vodafone claimed that all the Pcodes were issued for all the 4 phones and that they are unable to issue them again.

 

What was the date of your last payment?  24th December 2014 


Was there a dispute with the original creditor that remains unresolved?   Yes


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

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Thanks Andy,

A copy of the credit agreement will be posted first thing tomorrow.

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Thanks so much!

I've only managed to get CCj set aside on Monday 1st May 2019.

 

According to judge stone sitting at the county court...this is my last chance to put things right.

 

He asked me to do my own research and file my defence by the 15th May 2019.

 

I haven't had much time to prepare for this to be honest.

I am single mum with children.

What is so important about the original claim form?

 

 

Notice of county court judgment.jpg

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it will have the original particulars of claim

that and its wording is very important to a defence and a witness statement

there is no credit agreement with a mobile contract ???

 

id not file that defence no

put it back to how it was when you got it from CAG.


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Morning Everyone,

I think you've lost me there...Is it not too late to ask for particulars of claim now? and sorry I do not understand your last sentence?

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we need to see the original particulars of claim

 

as for the defence you have put forward...

 

you have changed the wording of it from what we recommend is sent.

 

put it back to how we worded it.

 

its done that way for a specific reason.

 

dx


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Thanks for your prompt reply dx,

Alright, how fast do you think the particulars of claim can be obtained?

Shall I call the claimant tomorrow then ?

Can it be emailed rather than be sent by post for saving time?

 

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do you not read your thread and what people advise...…????

 

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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Reclaim mis-sold PPI Read Here

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I thought I have answered that question previously.

Excuse my ignorance to the law dx...

 

I sought advise from citizen advise bureau last week but to my surprise they decline to help on the basis of time and I wasn't aware of what to do in this regard.

that is why I joined the forum.

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yes you did the Q&A but not the last bit of my post...

so now you cant ring northants bulk till monday now

they will send it straight away

  • Thanks 1

PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Called northants bulk this morning and was told that case is now refereed to Shoreditch county court. Family and civil service line forwarded their email address: enquiries.clerkenwellandshoreditch.countycourt@justice.gov.uk

including a £10 fee. I am still waiting for their response.

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Thanks Andy. Still I'm really confused as to what exactly I need to do next...

Any assistance would be greatly appreciated. I

must submit by 4 tomorrow and I will certainly donate to the site...

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which is the original defence you latterly changed in your version here in post 3

and which I already refereed too you adaptions in post 9 here in your thread...

 

id not file that defence no

put it back to how it was when you got it from CAG.

 

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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1)    The defendant entered into an agreement with Vodafone under account reference  ……. ("the agreement).
2)    The defendant failed to maintain the required payments and the service was terminated and notice given to the defendant.
3)    The Agreement was later assigned to the claimant on 29/01/2016.
4)    Despite repeated requests for payment, the sum of £303.89 remains due and outstanding.
And the claimant claims
a) The said sum of £303.89
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 £0.067, but limited to one year, being £24.31

What is the total value of the claim? £435.20

 

Proposed Defence

 

The Defendant contends that the original 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. 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 and evidence the nature of breach and termination

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

(d) 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.

 

 

Any advise will be greatly appreciated. Thanks in advance.

 

 

 

can I submit my defence now?

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I would add our std paragraph 

at the top

it does not need a number

 

The Defendant contends that the original 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.

 

ok to go after that add in

 

how are you going to file this as mcol will not be available to you online  


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Oh Great! thanks for that dx

Standard Paragraph added in at the top and Will email a copy each to the court and claimant first thing...

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Thanks Andy,

can I also file my bank statements as the only evidence I have to strengthen my case...

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Your not at that stage yet.....disclosure of evidence is later after allocation


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I received a reply this afternoon from Lowell solicitors.

 

Here is the full text:

"We refer to the above matter and acknowledge receipt of your defence dated 15 May 2019.

 

As the agreement is a telecommunications account, it is not regulated under the consumer credit act 1974 and as such copies of the credit Agreement or Default Notice are not available.

Copies would have been provided to you when you entered the contract on 9 December 2011.

 

The original Creditor, Vodafone has confirmed the last contact was on 09.02.15 where you had enquired about cancelling the second handset.

No resolution was recorded on the account.

 

Please find enclosed copy bills as provided by the original creditor detailing the outstanding amount of £303.89.

 

Our client is keen to resolve the matter and will consider any reasonable payment or settlement proposal you wish to make.

 

We look forward to hearing from you".

 

I have gone through the bills and it looks like they've applied an earlier termination fee of £105.87 + outstanding call charges/line rental of £198.02 (total: £303.89)

 

I am still confused as to why they've issued me with 2 Pac codes in December 2014?

Also, there was no second handset purchased from Vodafone!!!

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