Lowell Claim form - old Vodafone debt***Claim Struck Out*** ?

[wild26]

Hi there 

 

Could you help.

I am in the process of filling in an N180 form for a statute barred vodafone dept, I have ticked NO for mediation but which part of this questionnaire  do i state this dept is  Statute Barred .

 

thank you.

[dx100uk]

You dont

that was in your defence

[wild26]

So I just tick no to mediation and that’s all 

 

Thank you  

Edited September 20, 2019 by wild26

[wild26]

HI There 

 

I filled in an N180 form a few weeks back, But they have sent me a Notice of Transfer of Proceedings letter

 

It states 

 

To all Parties

 

This claim has been transferred to the below county Court Hearing Center for allocation.  

 

On receipt, the file will be referred to a procedural judge who will allocate the claim to track and give case management directions. Details of the judges directions will be sent to you in a notice of allocation.

 

If you would like any further information you can contact the local county court hearing center directly but please await the judges directions.

 

please explain to me what this means thank you 

 

 

[AndyOrch]

It means your waiting for your Notice of Allocation next (N157)...which contains all the information on how to prepare for the hearing....preparing a witness statement and any evidence you wish to use to support your defence.....the hearing date and what date you must submit all by.

 

Andy

[wild26]

i have to go to court  for vodaphone dept which is statute barred ?

[AndyOrch]

Well yes unless the claimant discontinues or does not comply with the court directions and it will be struck out.

[wild26]

ok thank you i will sit back & wait for em

[dx100uk]

can you fill this in please

 

 

and the defence you filled?

 

I suspect this is lowells taking you to court on a debt voda sold them?

 

dx

 

[wild26]

Name of the Claimant ? Lowell Solicitors

 

Date of issue – 20 AUG 2019

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? 

 

1/ The Defendant entered into an agreement with vodafone under account reference xxxxxxxxx('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 28/02/2018 and notice given to the defendant.

4/ Despite repeated requests for payment, the sum of £887.86 remains due and outstanding.

And the Claimant claims

a) The said sum of £887.86

b) Interest pursuant t0 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 £0.195, but limited to one year, being £71.03

c/ Costs

 

What is the total value of the claim? £1088.89

 

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

 

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? mobile phone account

 

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 ? in branch

 

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

 

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. Dept purchaser

 

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? yes

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? 

 

Why did you cease payments? was off work due to back injury

 

What was the date of your last payment? 8 Dec 2013

 

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

 

[wild26]

also my defence 

 

1 The Claimant's claim was issued on 20 AUG 2019.

2 The Defendant contends that the Claimant's claim so issued is a
claim in contract and is statute barred pursuant to the provisions
of section 5 of the limitation act 1980.

If, which is denied, the claimant contends that the Defendant is
in breach of the alleged contract, in excess of 6 years have
elapsed since the date on which any cause of action for breach
accrued for the benefit of the Claimant.
.
3 The Claimant's claim to be entitled to payment of £1088.89 or
any other sum, or relief of any kind is denied.

[dx100uk]

8/12/13 .............cant be statute barred??

 

[wild26]

but they have to prove this right?

 

i also sent lowells a CPR 31.14 Request but they did not respond.

So i have to sit and wait to see what happens,

[dx100uk]

but if they do you are sunk unless you can introduce

 

9. Subject to 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.

 

in your witness statement....

 

why did you file an SB defence and not come here 1st and ASK....

its not as if this is your 1st claimform

[wild26]

well i thought 8/12/13 ..was close to 6 yrs so i filed the sb defence on this claim form also .. but as you said if they respond im sunk but up till now they havent sent a thing.

i guess i have to wait and see

[wild26]

lowell solicitors have sent me a letter containing  a tomlin order agreement plus my entire printed statement from vodaphone. please i your need help & advice, I can upload the letter to you  asap.

[dx100uk]

As they do in every court claim they raise thats defended

You should be reading like threads during down times.

 

What state is the claim??

did you get an n157? Noa

[wild26]

yes i did

 

i can send the scaned letters over to you if you wish

 

please advise

[wild26]

this is the witness statement they sent me

 

they sent 1 EXHIBIT PF [ 1]  Which contained copies of itemised calls & bills 

 

i have just gone tru all these pages but  i cannot see any page that proves i paid anything to them and all they have sent me is copies of bills sent to & itemised bill sheets thats all 

 

all they state in the witness statement is that the service was disconnected on 7th August 2017 and a last payment was received on the 5th june 2017.

 

is there any way i can change my witness statement at this stage of proceedings?

 

 

 

 

 

[dx100uk]

what date is the hearing please?

 

[wild26]

the hearing will take place at 10.00 am on the 13th January 2020

[dx100uk]

point 6 of their WS clearly states last payment

 

change your ws? you have filed one yet have you?

 

dx

 

[wild26]

i found it yes payment received -£140 june to july 2017  in their exhibits........ i am sunk 

thats why i am asking is there any point in me stating this as ws: even though i thought this was  Statute Barred as a defence .

 

9. Subject to 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.

 

• please advise on what i should do next regarding the last post. thanks

[dx100uk]

have you filed your ws yet?

 

if not that sentence could be a saviour.

[wild26]

Not yet 

how do you file it please