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.

[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.

 

 

 

[MrLegal2020]

How can I change juristiction? I ticked it.

[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.

[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.

[MrLegal2020]

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

[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.
 

[MrLegal2020]

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

[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?

 

[MrLegal2020]

Yep, cag saved me at the last hour : )

[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
Extra

[MrLegal2020]

Okay, got it.

I didn't think anyone would respond in time or at least for a week because of my experiences elsewhere,

 

the only reason I registered last night was because I checked and found that you made a post late in the night when I was reading through everything

 

I had just filed defence because a letter from Lowell said they would give me a CCJ after the 23rd,

I was shocked as most other sites are not active or refer you all over the place.

[MrLegal2020]

dx, you're not lying.

 

brass, another organisation send me some information about the "Claim Form" being sent before the "Notice of Claim Issue" letter via live chat but they cut off and I lost most of the information.

Edited September 24, 2020 by MrLegal2020
Correction

[MrLegal2020]

Andy, I was just about to go back and respond to that comment but you beat me to it. Thanks.

 

Edited September 24, 2020 by MrLegal2020

[MrLegal2020]

Andy, thanks for editing this. I knew I needed to add paragraph like this but was not sure how to construct it.

[MrLegal2020]

@dx100ukCould you help me with your instructions please.., thanks.

[MrLegal2020]

 "Re: (Lowell Portfolio I Ltd) v (Your name) Case No:"
 

What would be the case number?

 

[MrLegal2020]

Andy, thanks.

 

Also should I leave 1 to 6 as it is?

 

Should final letter be edited from the PDF file?

[MrLegal2020]

Right, I was just looking over both letters and realised they are slightly different, I have used your version, it was just a bit confusing. Cheers.

 

Edited September 25, 2020 by MrLegal2020

[MrLegal2020]

Money Claim Online said my defence was not submitted but I did. A claim has being issued against me, I have until the 6th of November to pay. They said I can ask for more time but I have to pay £250 etc. What can I do next? Thanks all.

Edited November 4, 2020 by MrLegal2020
Add

[MrLegal2020]

Do you mean an automated response on the website or email? I did get a response on the website when I submitted my defence or that's what I thought. The defence I saved on there is now nowhere to be seen, when I was editing it was there.

[MrLegal2020]

Yes a default judgment has been issued. I'm not sure about the submission, I did send it. There was a part that said something about a payment, that was the only part I did not do. I'm searching to see if I have a screen shot or print out.

Edited November 4, 2020 by MrLegal2020
Spelling

[MrLegal2020]

Post it as pdf? Is there anyway I can challenge the judgement?