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    • Hi GrievingMum   I fully understand and sympathise with your medical conditions.   The 3 screenshots/images in post#21 I have removed as I have converted those into one PDF which is now showing in that post.   CAG prefers PDFs rather than multiple screenshots/images but as I said I appreciate your medical condition so I have converted those screenshots/images into one PDF and removed the screenshots/images and left the PDF in your post.    CAG also prefers that all our caggers remain Anonymous on CAG, could I just suggest that when your have edited your document to just leave it for a while then go back to it and recheck that you have removed all info to keep you anonymous before uploading to CAG.
    • The letter send to contact them. Maybe if they wanted people to ring them they should put telephone? I was in India at the time so not really convenient to call them (I can prove this to them if it became an issue)  
    • Hi  I genuinely have not received this BUT I am not saying that it hasnt been sent as I am sure it will have been.   As i said, my son has the same name as me and I am sure if he had seen one of these, he will have let me know as he did when he opened the second letter. 
    • worthy notes from your thread..   .POFA doesn't apply the docks byeleaws and their signage is a miserable failure to create a contract with you either ( either an invitation to treat or prohibitive signage according to which one you read) . the land is not relevant land as far as the POFA goes so there is no keeper liability in this matter so there is no cause for action against me. As docks and harbours governed by it own byelaws these are supreme to any contract you claim to have so there is no contract for the driver to consider that is enforceable. . 1.There is no cause for action  as there is no contract between us.  The land is covered by its own byelaws that are supreme to anything you wish to claim is an offer so there can be no performance to the contract by yourselves.  . 2. As the land is not relevant land for the purposes of the POFA there can be no keeper liability and that means you had no reasonable cause to obtain my keeper details so any civil claim will be met by a counterclaim for at least £250 for your breach of the GDPR.  . you know it is a dock so covered by its own byelaws so therefore unlikely PE can offer you anything and certainly can't create a keeper liability. . PE has no locus standi , no cause for ation as land not "relevant land" and covered by its own byelaws. IN ANY CASE ss POFA not applicable there can never be any keeper liability.         
    • stuff silly reclaimers they take +35% and no it doesn't meet the deadline no harm in going to the RBS website and starting a claim.. you never know simply put the number of the card in and say you think you had ppi please investigate. say nothing more   they can only refuse you, but comeback here with what they say.    
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lovetobake

lowell claimform - vodafone mobile debt

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I have received a claim issued by Lowells for a Vodafone and was wondering if I could maybe get a couple of questions answered.

 

I have had great help before from here so know the usual protocol to deal with claims but as this is a mobile contract I am not sure if its the same procedure.  I have found one other thread on here but I am a little confused.

 

I know that mobile phone contracts are not regulated but I read somewhere that if they are providing a phone then it partly becomes regulated.  Is this the case?

 

I know that I should send a CPR 31.14 request but do I bother sending a CCA?  I would really appreciate a pointer in the right direction.

 

What is the claim for –

 

1)The Defendant entered into an agreement with vodafone under account ref 7******** (the Agreement)

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

3)The Agreement was later assigned to the Claimant on 00/02/2018 and notice given to the defendant.

4)Despite repeated requests for payment, the sum of £400 remains due and outstanding.

and the Claimant claims

a)The said sum of £400

b)Interest pursuant to "69 county Courts Act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £0.093, but limited to one year, being £34

c)costs.

 

What is the total value of the claim?    540.00

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?  No

 

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?  N/A


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

 

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

 

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

 

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

 

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

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

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 ? No

 

Why did you cease payments? Unemployment

 

What was the date of your last payment?  2016

 

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

 

Thank you

LTB

 

 

 

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The T&Cs would signify if there was a partial credit agreement in supplying the handset...but even if there was its really irrelevant to defending the claim as it would be a split agreement.

 

Simply send the CPR 31.14 only.

 

Andy


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can we have the POC please


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Sorry dx100uk, it would help wouldnt it!

POC:

 

1)The Defendant entered into an agreement with vodafone under account ref 7******** (the Agreement)

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

3)The Agreement was later assigned to the Claimant on 00/02/2018 and notice given to the defendant.

4)Despite repeated requests for payment, the sum of £400 remains due and outstanding.

and the Claimant claims

a)The said sum of £400

b)Interest pursuant to "69 county Courts Act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £0.093, but limited to one year, being £34

c)costs.

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:lol:

 

so a std Lowell mobile claimform. lots of like threads here already 

 

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 [if one is not listed send to the claimant]
https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/
.
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 [1 in the count]
 


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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I sent CPR31.14 request but have had nothing back.

 

Defence is due in by Friday and I would appreciate if you folks could have a look at the following and see if its ok to file.

 

Many thanks

 

Particulars of Claim

1) The Defendant entered into an agreement with Vodafone under account reference 0000000000 ('the agreement').

2) The Defendant failed to maintain the required payments and the service was cancelled.

3) The agreement was later assigned to the claimant on **/**/**** and notice given to the defendant.

4) Despite repeated requests for payment the sum of ****.** remains due and outstanding.

And the Claimant claims

a) The said sum of ****.**

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum to the date of issue, accruing at a daily rate of 0.093 but limited to one year being

c) Costs

 

 

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.

 

Furthermore the Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

 1. Paragraph 1 is accepted.I may of had in the a contractual relationship with Vodafone, however I do not recall the exact details or recall any outstanding balance and have requested that the claimant verify the exact details of this claim by way of a CPR 31.14 request. The claimant has yet to comply.

 

2. Paragraph 2 is noted but again I do not recall the agreement or any breach unless the claimant can clarify its claim. 

 

3. Paragraph 3 is denied.I have never received a Notice of Assignment pursuant to sec136 of the Law of Property Act 1925.

 

And therefore the Claimant is put to strict proof to:-

 

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

(b) show and disclose evidence of the nature of breach and quantify any debt outstanding.

(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;

 

4. 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.

 

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

 

6. And Pursuant to the Civil Procedure Rules Practice Direction 16 (7.3) Where a claim is based upon a  written agreement:

 

   (1) a copy of the contract or documents constituting the agreement should be disclosed  and the original(s) should be available at any hearing.

          The Claimant refers to an Agreement within its particulars.

 

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 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.An Unfair Term and Condition governed by the Unfair terms in Consumer Contracts Regulations (UTCCRs).

 

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.

 

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Almost spot on LTB

 

I have tweaked your 1 slightly...you may of had a contractual relationship in the past.

I have added after your intro re Pre Action Protocol....as you stated you never received a pack.

I have added you a new point 3 as you failed to refute the Notice of Assignment.

 

And Finally I have added you a new point 6.

 

All addition marked in Blue  

 

Regards

 

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

 

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

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what date is top right on the claimform please?

 


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

spreadsheets 

 

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Andy, thank you so much for your help.

dx100UK  the date is 25 Jul 19

 

Is it ok to send now?

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not due till Monday 4pm but upto you harms nothing in this case


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

spreadsheets 

 

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