Lowell Claim Form - Vodafone Debt

[MrLegal2020]

Hi,

 

I defaulted on a Vodafone contract, the default date is 31/07/2015, the amount at that date was approximately £650 now nearly £800.

 

Lowell Portfolio 1 Ltd now have the debt and it was passed on to Lowell Solicitors who have sent me a "Notice of Claim Issue" on the 31/08/2020, this letter was sent after the claim form 25/08/2020.

 

I called Lowell, asked for proof of the agreement, they were rude saying a CCJ will be entered against me that day or the next

not knowing I filled out the online claim form, I put the phone down. I was then sent a "Notice of pending County Court Judgment (CCJ)" on the 13/09/2020.

 

I think I made a mistake with the online form, I did not admit to the claim but I ticked the jurisdiction box, can that be undone?

 

I added my claim yesterday by checking through recent claims from this forum. I'm now at the point where I'm being asked if I want to counter claim, do I wait? Also I have not sent CPR 31.14 letter yet as I can not find a template on here or know how to send payment of £1.

 

Please help.

[dx100uk]

please complete this:

 

and go look at the status of the claim on your MCOL portal please too

 

dx

 

[MrLegal2020]

Name of the Claimant ? LOWELL PORTFOLIO I LTD

 

Date of issue – 25 AUG 2020

 

Particulars of Claim

 

What is the claim for – 

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 31/07/2015 and notice given to the Defendant.
4) Despite repeated requests for payment, the sum of £595.63 remains due and outstanding.
And the Claimant claims
a) The said sum of £595.63
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 £0.131, but limited to one year, being £47.65
c) Costs

 

What is the total value of the claim?£773.28

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?I received a "Notice of Claim Issue" letter after the "Claim Form". 
 

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?Give answer here

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

 

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

 

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

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?I don't think so, I don't have a CCJ, but I 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.Account assigned to Debt purchaser.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?Yes, but I don't remember the notice of assignment, I will have to search through all my scans.

 

Did you receive a Default Notice from the original creditor?I think so.

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?I think so, I scanned all the letters, I think different companies have sent me letters, I will check.

 

Why did you cease payments?Never used the contract, plus financial trouble.

 

What was the date of your last payment? No monthly payment made just a upfront fee I think.

 

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.

 

 

 

[dx100uk]

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 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
 you DO NOT file a defence at this time

[you MUST file a defence regardless by day 33 ]
 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]

[AndyOrch]

Do not counter claim.......You need to submit a defence by 4.00pm tomorrow Fri 25th....otherwise they may get a default judgment because you didnt acknowledge service of the claim by 11th Sept...there are plenty of example mobile account defences in the Legal Success forum.

 

https://www.consumeractiongroup.co.uk/forum/129-legal-successes/

 

Post here your intended defence for checking before submitting on MCOL.

 

Andy

[MrLegal2020]

How can I change juristiction? I ticked it.

[AndyOrch]

You dont need to...the courts are use to litigants ticking it in error....unless you follow it up with an application to contest jurisdiction...its irrelevant.

[MrLegal2020]

Okay, thanks.

[MrLegal2020]

I called the County Court to find out how much time I had and acknowledged the claim within the timeline, I just didn't file a defence, I have now done that.

[AndyOrch]

Done what...acknowledged service or filed a defence ?

[MrLegal2020]

I filed the acknowledgement of service. I will check to see if it was before the 11th. When I spoke to the County Court they checked and said I was withing the timeline by at least 5 days.

Edited September 24, 2020 by MrLegal2020
More information.

[AndyOrch]

No need to check I have already worked it it out...claim issued 25th Aug.....you have 19 days to AOS (11th Sept)....MCOL shuts down over the weekend....you then have a further 14 days to submit a defence (25th Sept)......so in total 33 days.

 

Dont worry about the dates...start drafting your defence.

[MrLegal2020]

Okay, I already drafted and sent the defence yesterday. I will post it here.

[AndyOrch]

Hope it was correct without being checked first.......please post it up.

[MrLegal2020]

Defence

 

1. Paragraph 1 is noted. I have in the past had 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 also noted  but denied. The amount claimed could not possibly consist of simple monthly usage.

 

3. Paragraph 3 is noted .It is questionable why the claimant has waited 5 years to litigate on an assigned debt and then tries to claim section 69 interest from the date of assignment but then limits itself to just one year.

 

Therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an Agreement/Contract
(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
(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. 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 (UTCCR).

 

7. 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]

Quote

Lowell Solicitors who have sent me a "Notice of Claim Issue" on the 31/08/2020, this letter was sent after the claim form 25/08/2020.

 

Pity you didnt address the above......and not used the standard intro.

 

The Defendant contends that the particulars of claim vague and are 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. 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.

 

 

 

 

 

[MrLegal2020]

Am I able to change it? I did it last night but it was before I made an account here.

[AndyOrch]

Afraid not.....but you can introduce it at a later stage within your statement ......if the claim proceeds that far.

[dx100uk]

get the cpr running today

 

dx

[MrLegal2020]

Okay, thanks. I was under pressure, I would not have filed so fast but I got mislead to National Debtline and wasted time until I found CAG.

[MrLegal2020]

Hi dx, I was just looking over that, I'm on it. Do I have to post or email the letter?

 

[dx100uk]

but you obviously got all those bits from cag as they all look rather familiar..

 

 

[MrLegal2020]

Yep, cag saved me at the last hour : )

[dx100uk]

well you should have registered here first and get it checked ...not just nick stuff hoping your version was correct and then ask for help..

but it can be addressed later.

 

the cpr needs to be sent by post 

don't ever give the fleecers an email address as lowells have a nasty habit of filing important documents they must produce 1 min before a deadline and using  cut and paste of other people stuff to make it look like yours...thus removing your chance to counter them. ssp on mobile debts.

 

the over riding good point is when challenged properly, lowells drop most mobile/telecoms claims as they never expect people to defend...as in 85% of all speculative robocourt court claims.

 

dx

 

[MrLegal2020]

I didn't know I couldn't use the letter so I didn't think I would be accused of nicking anything, I thought it was a standard template and I did check through ever part of it and compare it to others. I didn't hope it was correct, I did the best I could do, I only found you yesterday.

 

Anyway, I will donate for the help, thanks.

Edited September 24, 2020 by MrLegal2020
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