Lowells Court Claim - 3 merged debts, 118 118 PDL, Cap1 credit Card & Vodafone Mobile Bill

[sailingman1234]

Thank you in advance for any help.

 

Name of the Claimant ? LOWELL PORTFOLIO ltd

OVERDALES SOLICITORS

 

Date of issue – . 05 Oct 2021

 

23rd October  to acknowledge by.

defence date 5th November 

 

Particulars of Claim

 

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

 

1) The claim comprises the following agreements the defendant entered into:

 

a. <mobile phone company> with reference ########## and current balance of £####.##

b. <credit card company> with reference ############ and current balance of £###.##

a <high interest personal loan company> with reference ###### and current balance of £####.##

 

The agreements were terminated as payments were not maintained and subsequently assigned to the claimant.

and the claimant claims:

a) The total of the said sums being £4###.##

b) Interest persuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, but limited to one year, being £###.##

c) costs

 

Amount claimed £####.##

Court fee £205.00

Legal Representatives costs £80

Total amount £47##

 

 

What is the total value of the claim? £47##
 

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

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes
 

Did you inform the claimant of your change of address? Through a Debt management company (I stopped paying this due personal reasons)

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Mobile phone, Personal Loan, Credit Card
 

When did you enter into the original agreement before or after April 2007 ? I think they were all after this
 

Do you recall how you entered into the agreement...On line /In branch/By post ? I think the mobile phone was in a mobile supermarket type shop and the others were probably online / over the phone but I cannot honestly remember
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Not sure - I will check and update later if needed
 

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 - debt purchased
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure
 

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? Struggled to afford them
 

What was the date of your last payment? Not sure this was through a debt management plan that I stopped I think
 

Was there a dispute with the original creditor that remains unresolved? No I don't think so
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I was in a debt management plan but stopped paying as I could not afford it at the time due to losing my job.

[dx100uk]

please note your corrected defence filing date

have you paid these within the last 6yrs?

[sailingman1234]

Thankyou. I will need to check tonight on my bank statements. I need to see if I can get the details of who  I paid on debt management also whi I paid up until 2 years ago this month. We stopped paying this then as I left my job and we were short for a few months then we never got back onto it.

Edited October 12, 2021 by sailingman1234

[dx100uk]

so not statute barred

 

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
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 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 CCA Request running to the claimant for the card and the load  (2 of them )

https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/

..

Leave the £1 PO unsigned and uncrossed

.

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 BOTH 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]

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

 

[sailingman1234]

Please can I ask as this claim involves an old style mobile phone account and also a personal loan and a credit card. Do I send a combined cpr 31:14 or two seperate letters to the solicitor please? Or does the mobiles bill not count as telecoms?

Thank you.

[dx100uk]

send one for all three

 

they wont get very far litigating on all three together..

might help to read.

 

dx

 

migh

 

[sailingman1234]

Thanks all done. Time to wait I guess.

[dx100uk]

no!! you must not miss your defence filing no matter what

 

get reading up here

lowell claimform

 

use our enhanced google search box

and the thread i pointed you too.

 

dx

[sailingman1234]

So I am going to start preparing my defence as I have not received anything other than the letters of assignment that were attached to the email for each alledged account - should this be an embarrassed defence please?

 

Received 18th October by email and I I have not received anything else or anything by post.

 

Dear xx xxxxxxxxxx,

 

Our Reference: xxxxxxxx

Our Client: Lowell Portfolio I Ltd

Claim Number: xxxxxxxx

Balance: £4xxx

 

Thank you for your email and letter dated 12 October 2021.

We are currently managing three accounts on behalf of our client, Lowell Portfolio I Ltd under the reference number xxxxxxxxxx. The balances of these accounts have been consolidated and the details of your accounts are as follows:

Lowell Reference: xxxxxxxxxxxxx – Original Creditor: 118 118 Money – Original Creditor Reference: xxxxx – Current Balance: £2xxx

 

Lowell Reference: xxxxxxxx – Original Creditor: Vodafone – Original Creditor Reference: xxxxxxxxxxx – Current Balance: £1xxx

 

Lowell Reference: xxxxxxxxxxxxx – Original Creditor: Capital One – Original Creditor Reference: xxxxxxxxxx – Current Balance: £2xx

 

We can confirm that we have received your Acknowledgment of Service. Please ensure you respond to the Claim as you deem appropriate within the timescales set out by the Court.

 

We note your request under the Civil Procedure Rules 31.14. The relevant documentation has been requested from our client in relation to your former 118 118 Money and Capital One accounts and once a response has been received, this shall be forwarded to you in due course. Please be advised, we are unable to control the timeframe in which we receive a response from our client.  

 

In relation to your former Vodafone account, as this debt does not arise under an agreement for credit and therefore it is not regulated by the Consumer Credit Act 1974. This means that the original creditor is not required to retain a copy of the agreement, if it was in writing, and therefore we are unable to obtain a copy.

 

If the matter proceeds, we may ask the Court to accept that there was a contract based on other evidence that may be available. Accounts of this type can be obtained by telephone, over the internet and therefore it is possible that no signed contract ever existed, or that this was entered into by electronic signature online.

 

However else agreed, the terms and conditions would also have been provided in writing inside the box containing the mobile device and/or SIM card, under a seal drawing them to your attention and stating that use of the device or SIM card and phone line, would confirm your acceptance of them.

 

A Default Notice is a technical notice required by the Consumer Credit Act 1974 in certain circumstances in relation to credit agreements. As this debt does not arise from a credit agreement, and is therefore not regulated by that Act, no Default Notice would have been sent.

 

Please note, a statement of the account has been requested from our client.

 

We confirm that our client has not claimed to have entered into any contract directly with you, nor to have been a party to your contract with the original creditor. The benefit of that contract was legally assigned to our client pursuant to Section 136 of the Law of Property Act 1925 and the required Notice of Assignments would have been sent to you. We have attached copies of these for each debt as requested. Please also regard the Notice of Assignment as a formal demand for payment.

 

A County Court Claim was issued to you with a deemed service date of 11 October 2021; you should fully read and respond to the Claim as you deem appropriate. Independent legal advice is available should you wish to seek this.

 

If you are admitting the debt in full and wish to pay by instalments, please contact us on 0333 111 0790 between 8:30am and 7:00pm Monday to Thursday, 8:30am and 6:00pm on Friday or between 9:00am and 1:00pm Saturday to discuss your options. Alternatively, you can complete and return the form by post to the address provided below, or to the Court. 

 

Failure to respond to the Claim within the timeframe provided may result in a County Court Judgment (CCJ) in Default to be entered against you. This would mean further costs and could make it difficult for you to obtain credit, mortgages, or even some employment whilst it remains unsatisfied on your credit file for six years.

If you are experiencing financial difficulties, you may wish to seek free and impartial advice from StepChange Debt Charity on 0800 138 1111 or visit www.stepchange.org.uk.

 

Yours sincerely,

 

Overdales Solicitors

[sailingman1234]

This is my first stab -

 

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.

 

1. Paragraph 1 thru 4 is accepted insofar that relationships did exist

between the Defendant and each of Madison CF UK Limited ,Vodaphone Finance UK Limited, and Capital One (Europe) plc however. However I cannot recall these

accounts (Agreements) and the Claimant has yet to supply me with a

copy of the Accounts/Agreements mentioned in particulars of Claim.

 

2. Paragraph 5 is denied, the defendant does not recall any breach

and again the Claimant has yet to supply me with a copy of the

agreement requested through the PAPDC reply form and CPR 31.14.

 

The Defendant denies failing to maintain the required payments to

Madison CF UK Limited ,Vodaphone Finance UK Limited, and Capital One (Europe) plc. It is denied that I have failed to respond to demands

for payment sent by the claimant and/or its agents. The Claimant

is put to strict proof that any such demands have been sent to me

by the claimant

 

3. Therefore, the defendant denies owing any money to the

Claimant and the claimant is put to strict proof:

 

a. Show how the Defendant has entered into an Agreement.

 

b. Show how the Defendant has reached the amount claimed for.

 

c. That Defendant failed to maintain the required payments and the

service was terminated as claimed.

 

4. As per Civil Procedure Rule 16.5(4) it is expected that the

Claimant prove the allegation that the money is owed; having been

provided with written requests for information under CPR 31.14 and

to date have failed to provide any such documentation as detailed

on the particulars of claim.

 

5. 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 if

the remaining contract is unlikely to be fair as it fails to

consider the fact that the provider no longer has to provide and

pay for their service.

 

6. 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.

[dx100uk]

that looks good 

 

under 3 a.b.c add d ....the requirement of default notices too

 

 

dx

 

 

 

[sailingman1234]

Thankyou

[sailingman1234]

So today I received a statement for the 118118 loan but no copy of the agreement.

Nothing for the others - I presume I stick with the defence above.

Do I need to send a copy of my defence to Overdales or does the court do this for me please?

 

Thanks.

[dx100uk]

Mcol does that

[sailingman1234]

Ok so I tidied this up and I think I added the missing line correctly.  Am I ok to this now please?

 

The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out their 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. Paragraph 1 is accepted insofar that a financial relationship did exist between the Defendant and each of Madison CF UK Limited ,Vodaphone Finance UK Limited, and Capital One (Europe) plc however, the defendant does not recall these accounts (Agreements) and the Claimant has yet to supply the defendant with a copy of all of the Accounts/Agreements mentioned in particulars of Claim.

 

2. Paragraph 2 is denied, the defendant does not recall any breach and again the Claimant has yet to supply the defendant with a copy of the agreement requested through the PAPDC reply form and CPR 31.14.

 

The defendant denies failing to maintain the required payments to Madison CF UK Limited ,Vodaphone Finance UK Limited, and Capital One (Europe) plc.

 

It is denied that the defendant failed to respond to demands for payment sent by the claimant and/or its agents. The Claimant is put to strict proof that any such demands have been sent to the defendant by the claimant.

 

3. Therefore, the defendant denies owing any money to the Claimant and the claimant is put to strict proof to:

a. Show how the Defendant has entered into an Agreement.

b. Show how the Claimant has reached the amount claimed for.

c. Show how the Defendant failed to maintain the required payments and the service was terminated as claimed.

d. Show how any breaches occurred and how valid Default Notices were issued.

L

4. As per Civil Procedure Rule 16.5(4) it is expected that the Claimant prove the allegation that the money is owed; having been provided with written requests for information under CPR 31.14 and to date have failed to provide any such documentation as detailed on the particulars of claim.l

 

 5. Notwithstanding the above with regard to the alleged vodafone debt 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 if the remaining contract is unlikely to be fair as it fails to consider the fact that the provider no longer has to provide and pay for their service.

 

6. 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.

Edited November 3, 2021 by dx100uk
Two edits...

[dx100uk]

Spaced for ease of read.

 

financial added and vodafone ref to end of contract etc added as it only applies to that debt.

 

also cant see cca request s for the cards mentioned?!

 

defence due 4pm 5th

[sailingman1234]

Thank you. 

I did send two separate cca requests for the 118118 and credit cards to Lowell with 2 separate po's. Is there some specific wording I need to add for these please?

[dx100uk]

The defendant sent via royal mail on date xxxx a cca request to the claimant for each, the cap1 card and the 118118 loan. To date the claimant has failed to comply.

 

its in most claimform thread s here

[AndyOrch]

Not all Courts recognise what a " CCA request " means that is a CAG term...better to refer to the request by its legal reference IE a Section 77/78/79 request pursuant to the Consumer Credit Act 1974.

 

Andy

[sailingman1234]

Ok thanks for that - so I have inserted the following - 

 

"5. The Defendant has also provided the claimant directly with a written Section 77 request pursuant to the Consumer Credit Act 1974 for a true copy of the credit agreement relating to the alleged Madison CF UK Ltd account and a written Section 78 request pursuant to the Consumer Credit Act 1974 for a true copy of the credit agreement relating to the alleged Capital One (Europe) plc. account. To date the claimant has failed to provide the requested document copies."

 

I will file my defence now - I will look up how to do this now.

 

Thank you

[AndyOrch]

[sailingman1234]

The defence has now been submitted as follows. 

Thank you both!

 

The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out their 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. Paragraph 1 is accepted insofar that a financial relationship did exist between the Defendant and each of Madison CF UK Limited ,Vodaphone Finance UK Limited, and Capital One (Europe) plc however, the defendant does not recall these accounts (Agreements) and the Claimant has yet to supply the defendant with a copy of all of the Accounts/Agreements mentioned in particulars of Claim.

 

2. Paragraph 2 is denied, the defendant does not recall any breach and again the Claimant has yet to supply the defendant with a copy of the agreement requested through the PAPDC reply form and CPR 31.14.

 

The defendant denies failing to maintain the required payments to Madison CF UK Limited ,Vodaphone Finance UK Limited, and Capital One (Europe) plc.

 

It is denied that the defendant failed to respond to demands for payment sent by the claimant and/or its agents. The Claimant is put to strict proof that any such demands have been sent to the defendant by the claimant.

 

3. Therefore, the defendant denies owing any money to the Claimant and the claimant is put to strict proof to:

a. Show how the Defendant has entered into an Agreement.

b. Show how the Claimant has reached the amount claimed for.

c. Show how the Defendant failed to maintain the required payments and the service was terminated as claimed.

d. Show how any breaches occurred and how valid Default Notices were issued.

 

4. As per Civil Procedure Rule 16.5(4) it is expected that the Claimant prove the allegation that the money is owed; having been provided with written requests for information under CPR 31.14 and to date have failed to provide any such documentation as detailed on the particulars of claim.

 

5. The Defendant has also provided the claimant directly with a written Section 77 request pursuant to the Consumer Credit Act 1974 for a true copy of the credit agreement relating to the alleged Madison CF UK Ltd account and a written Section 78 request pursuant to the Consumer Credit Act 1974 for a true copy of the credit agreement relating to the alleged Capital One (Europe) plc. account. To date the claimant has failed to provide the requested document copies. 

 

 6. Notwithstanding the above with regard to the alleged Vodafone debt 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 if the remaining contract is unlikely to be fair as it fails to consider the fact that the provider no longer has to provide and pay for their service.

 

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.

 

[sailingman1234]

Just to update - We received a lot of statements, some contracts, and notice of assignments through last week. I will go through and see if everything is there at some point. Also a separate letter from Overdales dated 30 November stating that on their directions questionnaire that they have agreed to mediation.

 

However it is now 9th November and I see nothing on MCOL after I submitted my defence on 4th November.

 

Is there a time limit on when their directions questionnaire would appear please?

Any advice on what I should do next.

Should I post up some of the paperwork without identifiable information on here  and if so what is the best way please?

Thankyou

[dx100uk]

typically should be 2 entries

DQ sent to Claimant 

DQ sent to Defendant

 

you should have receive notification from the court upon when the claimant had to do something by ..typically 28+5days from defence filing date.

if not the claim is autostayed.

[sailingman1234]

Thank you DX100uk for your fast response!

 

Following your suggestion I found the court letter acknowledging the defence and it does say the case will be stayed after 28 days and the claimant would then need to apply to a judge for an order to lift the stay. I make it 35 days so we are 2 days beyond the 33 days.

I am surprised that Overdales went to the trouble to complete the directions questionnaire and send a copy to us plus all of the paper that they sent through but didn't send the questionnaire to the court? Perhaps there is a backlog in the system which I wouldn't be surprised if there were.

 

My wife who I have been helping with this is reluctant to call the court to confirm what the situation is. Would they talk to me if I call and ask my wife to confirm I can talk on her behalf?  If not we will need to wait for a while to see what happens over the next few weeks. I am hoping that this means we have won.

 

Just wondering as the copies of all three letters of assignment are "reconstituted" does this mean that they are not valid in court please? I understand this means that they are not actual copies but put together with the details.

 

Thank you all for now.