Lowell PAPLOC now Claimform - vodafone Mobile debt

[jasonaaa]

Just received a letter from Lowell Solicitors today confirming what the debt relates to and that I turned down an offer from Vodafone as I could not afford it. They have offered a Tomlin Order agreement, the draft is mainly left blank, they want me to sign it to show agreement. Like I would sign a blank cheque! Finally they threaten that if I do not agree to the Tomlin Order agreement they may use it as evidence that attendance costs could have been avoided.

 

Still waiting for my Directions questionnaire.

Tomlin Order.pdf

[dx100uk]

very std in every Lowell mobile claimform thread if you've not already been researching.

disc'd comes next or very soon I bet...as usual.

 

dx

[jasonaaa]

Keeping post updated:

 

Received my N180 Directions questionnaire today. Will complete, agreeing to mediation, and send back to court and a copy to Lowell.  Will wait for mediation to contact me and I will then say not enough info to mediate.

 

Question, as my alleged debt would be statute barred on 29/1/2020 as that would be 6 years since any payment was made, am I liable if the court hearing does not happen before then?

 

My understanding is probably I am liable as the proceedings have already been started by Lowell with the court.

 

Asking as my N180 has latest return by 30th December 2019 and if I should hold off returning it until then?

 

Thanks.

jasonaaa

[dx100uk]

claimform issuance stops the SB clock 

 

dx

 

[jasonaaa]

Thanks, I thought that might be the case. 

J

[AndyOrch]

 

[jasonaaa]

Thanks. 

[jasonaaa]

Update.

 

Just received the attached from the Small Claims Telephone Mediation Service. I have to call the number to make an appointment for mediation, so I am not going to call so that it gets transferred to court. I will then complete a witness statement. Have some ideas of how to do the statement from other threads I have followed. 

 

Hope that is okay up to this point?

 

Thanks.
 

Telephone Mediation.pdf

[dx100uk]

You agree to mediation until the actual day

then if you have not received enough info to make an informed decision if to enter you say no

 

please read like threads between stages

[jasonaaa]

Thanks. Definitely reading and following threads. Just realised I misunderstood what to do. I will arrange a mediation appointment and when they call and ask if I have enough information I will say no not enough to make an informed decision. 

[dx100uk]

[jasonaaa]

Just to update the post.

 

I received a Notice of Allocation to the Small Claims Track (Hearing) letter today.

I expected it to have a date and time, it did not. Just told me they will be sent later.

So I am awaiting the date and time so I know when to provide documents and my witness statement by.

 

That's it for now.

 

J

 

Notice of Allocation to the Small Claims Track (Hearing).pdf

[AndyOrch]

Covid 19 catch-up... so will inform you of the date/s later.

 

Andy

[jasonaaa]

Just an update.

 

I hope you @Andyorch and @dx100uk  had a very merry Christmas.

 

Just received a Notice of Trial Date letter, so now know when to provide documents and my witness statement to the court and Lowell by.

 

The hearing is to be held via telephone due to the Covid-19 situation on 10th August 2021. 

 

I will post a first attempt at my witness statement here soon.

 

Hopefully Lowell won't pay the trial fee by 13th July 2021 and the claim gets struck out.

 

An earlier conclusion would be even better.Notice of Trial Date (redacted).pdf

[AndyOrch]

Seasons greetings jason.

 

Andy

[FTMDave]

Open

[jasonaaa]

Thanks FTMDave

[jasonaaa]

Hi,

My court date is 10th August 2021 and I have not received a witness statement from Lowell yet. Am I right in waiting for the WS from Lowell before I write mine?

All I have had is a response letter from Lowell, a copy of letter of assignment from Vodafone, a copy of a letter from Lowell saying they bought the account and five months of Vodafone fully itemised bills as mentioned in post 22.

 

Thanks

jasonaaa

[dx100uk]

 

you do not await theirs ...but neither file early

 

100's of mobile/telecom claimform threads here already

[jasonaaa]

Apologies, I am at a loss on how to get started on my WS. I have seen several good ones to help but they seem to have already received a WS from Lowell and respond to that.

 

My brain is not working well as I am trying to come to terms that my wife coming to the end of her cancer treatment soon, only to discover secondary cancer has occurred. I suffer memory loss as well due to fibromyalgia so all of this is getting to me.

 

I know this is self help, so don't want pity, but a little shove in the specific right direction would be so appreciated.

Thanks in advance.

[AndyOrch]

Here is an example for you to make a start...then we can tweak it to fit your claim.

 

WS Night and day.docx

[jasonaaa]

Thank you Andyorch. Sorry for the breakdown. Thanks for the example, I just saw it as I finished an attempt by me. Here it is (also attached as .docx):

 

In the County Court at xxxxxxxxxx                                                                                            Claim No. xxxxxxxx

Between:

Lowell Portfolio I Ltd

(Claimant)

 

And

 

Jasonaaa

(Defendant)

Witness statement of Jasonaaa

 

I, Jasonaaa, will say as follows:

 

1.       I am the Defendant in this case and will be representing myself. The facts contained in this statement are known to me, save as where expressly stated and are true to the best of my knowledge, information and belief.

 

2.       It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much-reduced cost to the amount claimed 10p to 15p in the £1 and to which the original creditors have already written off as a capital loss and claimed against taxable income. Lowell Portfolio I Ltd issue claims to circumvent and claim the full amount of debt with costs to maximise profit.

 

3.       As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debt (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

 

4.       It is accepted that the defendant has in the past had a contractual relationship with Vodafone.

 

 

5.       The Defendant states that no letters have ever been received from the Claimant, with the first contact from them being this claim. Therefore, the Claimant is to put strict proof to their claim by providing proof of delivery for these letters. If the Claimant cannot provide this, then the Defendant invites the Court to strike the claim out based upon a failure to adhere to Paragraph 6 of the Practice Direction – Pre-Action Practice and Protocols.

 

 

6.       The Defendant claims that his request of November 2019 under the CPR 31.14, of which the Claimant has confirmed receipt, for the disclosure and production of a verified and legible copy of the Agreement has not been adhered to, by way of the fact that a Service Contract is entirely missing from the Claimant’s evidence.

 

 

7.       The Claimant stated that “a Default Notice is a technical notice required by the Consumer Credit Act 1974 in certain circumstances in relation to credit agreements. As this debt does not arise from a credit agreement, and is therefore not regulated by that Act, no default Notice would have been sent”. Whilst this is the case, this does not exempt the Claimant from following Contract Law, where it is stipulated that where there is an official contract in place and there is an alleged 'breach of contract', the Claimant is lawfully obliged to send notice of this breach, and to have given a reasonable amount of time for the breach to be remedied. The Defendant argues that he has not received any correspondence, in line with Contract Law, to notify him of the alleged breach. As such, the Defendant argues that the Claimant has not behaved properly, both in Pre-Action Protocol, nor have they followed the official guidelines set out by Contract Law in the issuing of the Default. The Defendant invites the Court to strike the claim out, on this basis, and argues that the Default is unlawful and should be immediately removed from the Defendant’s credit file.

 

8.       Considering the above, the Claimant has failed to provide evidence of assignment/balance/breach as requested by CPR 31.14 and the Claimant is put to strict proof to:

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

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

(c) show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

9.       As per CPR 16.5(4), the Defendant alleges the Claimant has not proved their allegation that the money is owed.

 

10.   As the Claimant alleges to be 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.   The alleged amount claimed includes an early termination charge amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge, which 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.

 

I believe that the facts stated in this Witness Statement are true.

 

Signed: Jasonaaa

 

Dated on the day 11^th July 2021

Witness Statement (1st draft).docx

[dx100uk]

be careful gentleman

your personal details are showing in file info/properties

[jasonaaa]

Thanks dx100uk, name is not mine in properties despite user name.

 

 

[jasonaaa]

Just found out that Lowell paid the trial fee at the end of last week. 

Seems this is going to the wire/or court. 

Any advice on the first attempt at my witness statement?

It needs to be in by 27th July 2021 (trial on 10th August).

Thanks