Lowell/Overdales Claim form - old Vodafone telecom debt (faulty handset) ***Claim Discontinued***

[gfrench]

I have received a Claim form from Overdales solicitors on behalf of Lowell issued on 16/02/2021. I have may have stupidly ignored any previous correspondence Notice pending legal action 12/02/2021. 

 

I have ignored Lowells because they were a DCA and didn't think they would pursue the debt yet alone take me to court.

 

The claim is for an old Vodafone contract phone that would have expired before 2017.

I have been having medical issues and investigations.

I am looking for advice, what should I do next?

 

Many thanks

 

[AndyOrch]

Topic moved to Financial Legal Issues Forum.

 

Please read the following link with regards to responding to a claim form..... and then copy the Qs and your responses back here for further advice.

 

 

Regards

Andy

[gfrench]

Name of the Claimant ? Lowell Portfolio Ltd

 

Date of issue – 16/04/2021

 

Particulars of Claim

 

What is the claim for – 

1.This is a claim for the sum of £249.90 due by the defendant under a vodafone account 6*******. 

 

2.The Defendant failed to maintain contractual payments required under the terms of the account agreement.

 

3.The debt was legally assigned to the claimant on 28/02/2017. Notice of which has been given to the defendant.

 

4.The claim includes statutory interest under s.68 of the county courts act1984at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £19.99

The claimant claims the sum £269.89.

 

 

What is the total value of the claim? Amount claimed £269.89

                                                                court fee £25.00,

                                                               legal representative costs £50.00

                                                               Total £344.89
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Notice of pending legal action 12/02/2021
 

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? na

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

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...) ? dont know
 

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 to debt purchaser lowell
 

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? not sure
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not sure
 

Why did you cease payments? handset broke, contract will have ended 2016
 

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
 

What you need to do now.

 

Answer the questions above

 

If you have not already done so – send a CCA request to the claimant for a copy of your agreement (If Applicable)

[gfrench]

Please confirm first step is to request copy of consumer credit agreement to Lowell Portfolio Ltd.

Thank you

[AndyOrch]

No you cant request a CCA for mobile agreement......your first step is to acknowledge service as per the link I have provided above.

[Bazooka Boo]

7 minutes ago, gfrench said:

Please confirm first step is to request copy of consumer credit agreement to Lowell Portfolio Ltd.

Thank you

 

NO, mobile phones don't come under CCA, UNLESS this was one where they split the agreement?

 

IE. You have the handset on credit and you pay for the network service separately?

[AndyOrch]

And even then its still not applicable because the claim is not for a handset BB

[gfrench]

CPR request to be sent to Solicitors?

How do I acknowledge service to the court? Do I return the Defence and Counterclaim in the response pack?

 

Thank you

[AndyOrch]

1 hour ago, gfrench said:

CPR request to be sent to Solicitors?  Yes

How do I acknowledge service to the court? Read the instructions contained in the court pack

Do I return the Defence and Counterclaim in the response pack? No your doing it on line once registered but your defence is not due until Tues 18th May by 4.00pm

 

Thank you

 

Andy

 

 

 

.

[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 on the Gov't Gateway Site
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 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
[BUT 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]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

on type your name ONLY
Do Not sign anything
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............

 

[dx100uk]

an example

 

Lowell claimform - Vodafone Debt Faulty Phone - Financial Legal Issues - Consumer Action Group

[gfrench]

CPR request sent to solicitor.

I have till 18 may to submit defence?

Waiting for response, if I get no response from the request is this my defence? 

Please help with next step.

 

Thank you

[AndyOrch]

Tues 18th May by 4.00pm...you wont get any response...start looking at other defences previously used.

 

Andy

[gfrench]

Equifax details=

 

Lowell Portfolio

Contract start date - 13/05.2010

date updated - 24/08/2017

default date 05/04/2016

 

3.The debt was legally assigned to the claimant on 28/02/2017. Notice of which has been given to the defendant.

 

The account went into default with Vodafone the original creditor 05/04/2016?

 

 

[dx100uk]

quite typical, accounts are defaulted upon on before sale.

On 27/04/2021 at 16:07, dx100uk said:

an example

 

Lowell claimform - Vodafone Debt Faulty Phone - Financial Legal Issues - Consumer Action Group

 

[gfrench]

Received a reply today to CPR request.

Please see attached file.

 

Please help as not sure what this means?

Is my defence that they are not the original creditor and therefore  not entitled to claim the balance without been able to provide the documents. 

 

Thank you

Overdales.pdf

[AndyOrch]

Its their standard template response designed to confuse you....yes there is very little paperwork that can be disclosed with this kind of debt...that's why Lowell buy them.....and they cant get a default judgment because you will have submitted a defence by 18th May.

 

Andy

[gfrench]

They were successful in confusing me.

 

Do I still need to submit defence?

Can I request they remove the default from my credit file?

The letter says it cant enter default for mobile contract?

 

thanks

Edited May 11, 2021 by gfrench
infor

[AndyOrch]

Quote

Do I still need to submit defence? Absolutely otherwise they will get judgment.

Can I request they remove the default from my credit file? If its over 6 years old then it will fall off automatically

The letter says it cant enter default for mobile contract? Correct its not covered by the CCA1974 and therefore unregulated

 

But a marker can still be added to credit files for the default.

 

Andy

[AndyOrch]

Not ideal...there are plenty of existing standard telecom defences in the Success forum.....use the tried and trusted.

 

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

[dx100uk]

hidden your post with the docs file.

dont upload docx files as all your pers details are in file/properties..

 

Post your defence in PDF format with personal properties removed.

[gfrench]

Defence is attached. 

Hope I'm getting closer to a successful defence?

 

Many thanks

defence.pdf

[AndyOrch]

Fine except for the CCA request...again you cant request a copy of the agreement visa section 77...the agreement is unregulated...CCA  requests are not applicable.

 

Andy

[gfrench]

Thank you

defence2.pdf

[AndyOrch]

still got the following in your point 1....

 

Quote

and a section 78 request..

 

Again...for the third time....... you cannot use section77/78 for mobile agreements