Lowell/Overdales Letter of claim now claimform - old Vodafone mobile debt

[unclebulgaria67]

Check your credit record.  Presume this debt is showing.  Debt defaults will show on your record for 6 years.

 

Have you got copies of Vodafone statements confirming the amount is correct ? 

 

Don't ignore as they will issue a Court claim and you will end up with a CCJ, if you did not defend.

 

Is this your only debt ?

 

As Lowell will have bought the debt for about 10-20% of its value as part of bulk purchase of Vodafone debts, you could look to negotiate a full and final settlement for a lower amount.  

 

What are your financial circumstances ? Are you now permanently living in the UK ?  Would you be affected if they did get a CCJ ? e.g. renting a property, employment, gaining credit.  

[dx100uk]

you do NOT ignore a letter of claim.

 

hit letter of claim 

follow the advice for a mobile debt in post 4 there.

 

100's of lowell mobile threads here

get reading a few.

 

dx

 

[gigi5570]

@unclebulgaria67

Yes i have Lowell Telecom default on my credit record.

 

I forgot to add that ccscollect.co.uk had the debt for few months before Lowell.

 

The amount to pay for ccscollect was 452.63£. 

 

I also have Capital one default on credit record (my mom took out this credit card in my name while i was abroad without me knowing and didnt pay it back - it was 200£ credit card) but no letters yet.

 

Yes i plan to work in UK and build my credit score next year. I am currently studying in different country.

 

@dx100uk thanks, will do

[dx100uk]

CCS don't buy debts so we're collecting for visa before it was sold to Lowell's ..

 

Use your foreign address if you are resident there on the loc reply .

 

As for cap1, would your mum tell you if you got mail on it or hide mail from you. It might be best to simply write to the current owner (is it still listed under cap1 not a DCA?) Giving your overseas address?.

 

Remember these dca's are not bailiff s and have ZERO legal powers on any debt, but, you need to protect against backdoor CCJ's as that's what they will do if they smell a chance 

 

When you eventually return to the UK and are settled then update all creditors again .

 

Paying any debt off if defaulted will not rebuild your score. Default is there for 6yrs regardless,  then the whole account is removed paid or not. 

 

Dx

 

 

 

 

[gigi5570]

I am filling the reply form pap (not theirs) and wondering what to write in the dispute (box D) ?

 

As for the cap1 , yes its still under capital one and not dca so will update the address with them.

[dx100uk]

what it says in post 5 after add 

 

 

[gigi5570]

@dx100uk

 

Hi , after pretty long time i had no response from them after i replied to the letter of claim however today i received letter from them with all the vodafone statements and all the calls and usage i requested.

 

2022-08-19 Overdales we have a statement now please cough up!.pdf

[dx100uk]

yours is not the next move.

 

but here are plenty of

lowell telecom

or

lowell mobile

 

threads here to poss read where this could go if they are brave enough, cause better than 9/10 of these phone claims from lowell if they so issue one they LOSE or fold before the hearing date.

 

use our enhanced google searchbox

 

dx

 

[FTMDave]

Open.

[gigi5570]

Hi, after quite some time again they sent me a letter.

 

It’s supposed to be county court claim - file attached.

 

Should i still ignore it or what should the next step be ?

Any help appreciated.

 

2023-03-06 Overdales Notice of Claim Issue.pdf

[dx100uk]

await the claimform pack from Northants bulk court

as long as you've not move since last contact?

 

dx

 

[gigi5570]

Hi

 

Can anyone advise me on this please.

 

In 2019 i took out mobile phone contract from Vodafone for 24months (Iphone + simcard),

roughly 6 months before the contract was supposed to end i went abroad and they started charging me way more because i used the data in different country

 

i stopped paying it because money got really tight.

It got to around £400.

 

First Lowell was sending letters to pay them for almost a year and i was ignoring it

now i received letter from Overdales Solicitors stating i have 30 days to pay them to avoid County Court Claim.

 

Is it safe to ignore it or whats the best course of action to take.

 

Picture of the letter attached. Thank you

 

2022-06-16 Overdales Letter of Claim.pdf

[gigi5570]

Yes I have received the claim form from the county court yesterday.

[dx100uk]

please complete this:

 

 

 

dx

[gigi5570]

Which Court have you received the claim from ? 21-27 ST KATHARINE'S STREET
NORTHAMPTON
NN1 2LH

 

Name of the Claimant ? Lowell

 

Date of issue –. 28.2.2023 

 

Particulars of Claim

 

What is the claim for – 

 

1.The claim is for the sum of £393.59 due by the Defendant under a Vodafone account with an account reference of 10digits

 

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 25-11-21, notice of which has been given to the defendant.

 

The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £31.49 

 

The Claimant claims the sum of £425.08

 

What is the total value of the claim? £525.08
 

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? No
 

Did you inform the claimant of your change of address? No

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 its showing as defaulted
 

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. Debt purchaser issued the claim
 

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

Did you receive a Default Notice from the original creditor? No
 

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

Why did you cease payments? Was using it abroad and they started charging way more for data i used until it got too much 
 

What was the date of your last payment? Around may/june 2020
 

Was there a dispute with the original creditor that remains unresolved? No (not sure if they demanding payments from me count for this)
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

 

 

 

claimform.pdf

[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
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 CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]

 

LEGAL : CPR 31.14 Request when Claim is being made for a Current Account - Court Procedure and General Guidance (mainly England and Wales) - Consumer Action Group

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

 

[gigi5570]

I have sent the CPR 31:14 request to the solicitors on 20th March and still haven’t received any response. Should i keep waiting for the response? The 33 days period is gonna be over soon.

[dx100uk]

As it says above you do not wait!!

A CPR reply is not compulsory for them 

 

Your defence filing was due 31st march!!

 

Bit silly to disappear for 3 weeks...

 

Have you been reading up here using our enhanced Google search box for Lowell claimform mobile threads?

 

Read a good few and pop your defence idea up asap 

 

Dx

[gigi5570]

 

ohh i have no idea why i thought the 33 days period ends on 5th april (facepalm)
 

1)    The Defendant entered into an agreement with Vodafone under the account reference ********* (“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 25/11/2021 and notice given to the Defendant.

4)    Despite repeated requests for payment, the sum of £425.08 remains due and outstanding.

And the Claimant claims

a)    The said sum of £425.08

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 of these proceedings in the sum of £31.49

c)    Costs

 

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 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.

 

not sure what to write for the 3rd

 

 

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.

 

 

Edited April 4, 2023 by gigi5570

[dx100uk]

Re 3

 

Do you remember getting a NOA from the claimant?

[gigi5570]

Here is the letter i found

Noa.pdf

[dx100uk]

And you did get that Dec 21 and that's not a copy sent since the loc or claimform?

 

Dx

[gigi5570]

Yes pretty sure thats copy they sent with claimform or something. I cant find a different one so either I didn’t receive it or I threw it out. I dont remember tbh it’s quite some time ago.

[dx100uk]

.

3. Is noted , I don't recall receiving a notice of assignment from either the claimant not the original creditor around the time of the copy the claimant has since sent to my reply to their letter of claim .

 

The claimant is put to strict proof one was sent on the date of xxxxx