lowell claimform - vodafone mobile debt

[lovetobake]

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

 

 

 

[AndyOrch]

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

[dx100uk]

can we have the POC please

[lovetobake]

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.

[dx100uk]

 

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]
 

[lovetobake]

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.

 

[AndyOrch]

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

[dx100uk]

what date is top right on the claimform please?

 

[lovetobake]

Andy, thank you so much for your help.

dx100UK  the date is 25 Jul 19

 

Is it ok to send now?

[dx100uk]

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

[lovetobake]

Ok so I submitted my defence in time and today I have received a copy of the Directions Questionnaire they have sent to the court.

 

Bit stumped now as to what my next move should be.

[dx100uk]

Get reading Lowell claimform threads..self help

 

Like..

See last few posts

[lovetobake]

Thanks dx100,  have done and I understand. 

 

Many thanks

[lovetobake]

I have now today received a directions questionnaire from the court.

 

Also, just for the record, they never responded to my CPR req

 

Can I complete online?  and should I agree to mediation?

 

Many thanks

[dx100uk]

You copy and fill the n180 out and royal mail them out.

You should be reading up between the stages so you know whats next and what to do during the claim stages.

CAG is self help too!!

 

Just about any claimform thread covers this

[lovetobake]

An Update:

 

I sent the N180 in time to the court and to the Solicitors. 

 

I also ticked no to the mediation. The reason I did this was because it asked if I had all the documentation I needed to enter into mediation.  I said no because Lowells had not replied to my CPR request. I sent a covering letter to Lowells Solicitors explaining this and they have responded with a letter and copies of the statements from Vodafone and supposed copies of the letters of assign.

 

In brief the letter says that they are not providing a copy of the agreement because it is unregulated and there is no legal requirement for Vodafone to retain a copy and they couldnt get one anyway because Lowells does not have access to a copy as it was not provided by Vodafone.

 

It also says that they have included a reconstitued copy of the letter of assignment and statements as requested (I assume my CPR request).  They also confirm the balance when it was assigned, the interest they added when they issued the claim and of course the court costs etc.

 

They also say that they will proceed with the claim but they are keen to resolve it without further legal action.

 

I guess I now have they option to either pay it or wait for the court hearing date.  Not sure where to go from here.

 

I am well aware that this site is a self help tool and I have read lots but unfortunately I dont really understand a lot of it and thats why I appreciate any comments and help.

 

Thanks in advance

 

LTB

 

[dx100uk]

you ideally should have said yes to mediation

thus entering into the spirit of the process giving them time until the actual telephone mediation takes place.

 

looks like you have the std reply lowells post out in all mobile/telecom claims.

I bet the statements are not even marked as from coming from voda but lowells dent management database.

and ofcourse pointing out most of the debt was unpaid/unused months till end of contract that was already disconnected.

 

await the n157 from your assigned court.

 

I can see them discontinuing this claim

as with most Lowell telecom claims here.

 

dx