Lowells/Overdales claimform - sons old vodafone

[AA99]

Long time since I've been on the site (thankfully!) so am a bit rusty.

My son bought a new phone on the internet during lockdown 3 years ago from Vodafone.  Unbeknown to him they sold him a SIM package too which he never activated and never used.

He has now received a Notice of pending CCJ for over £300!

Can I be reminded of how to deal with them?  SAR first?  He's very anxious that they've given him till 9th July to act.  Can correspondence now be emailed legally?

Many thanks

[AndyOrch]

Welcome back AA99

What has he received ? the following ?

 

[AA99]

Thank you Andyorch.

I shall endeavour to upload the letter but that may take me a week! 

In the meantime,  the letter is from the solicitors and is headed Notice of pending CCJ  saying he failed to respond to the CCC ,  threats of bad credit file, threats of a Warrant of Control (Bailiff) and wanting full payment of over £300.  

I will speak to him again this evening for more info and raid his emails.

I shall also read the links above that you sent.

ps. Can I ask my son to calm down a bit now?!

 

 

[Bazooka Boo]

Can you scan and post up that threat letter from the Sols?

Seems extremely immature to threaten bailiffs for such a trivial pittance, ruddy jokers.

Ah wait, it is Slowdales isn't it.....been playing with their crayons again.

[AA99]

scan_20230709-154035.pdf

Hope I've done this OK.

Incidentally, he lived at another address at the time he bought the phone and they have followed him to his current one!

[dx100uk]

looks like he already has a backdoor ccj <<clickme and read the link

he should not be moving around and not updating any owner of a debt on his credit file in writing..he has moved...that almost always guarantees a backdoor ccj now a days.

you/he needs to ring northants bulk tomorrow and quote the claim number on that letter.

ask for a copy of the default judgement and the claimfrom by email pdf.

you need the particulars of claim (POC) at least, if they cant forward an electronic copy of it, ask them to read out the POC and also the address it was served too. record the call.

how much it the debt?

as for bailiffs, its a consumer credit debt. (if if if they return to court and are granted a warrant for court bailiffs get involved - of which the court will inform him - best to update his address with the court when on the phone too!) there is no right of forced entry anyway. so to all intent if bailiffs do get used simply ignore them.

dx

 

[AA99]

Thanks dx. 

A Backdoor CCJ sounds horrific!  To notify everyone of a change of address almost seems contrary to not giving out any information to DCAs!  Especially if this letter is the first he knew about the debt?!

[dx100uk]

eh where do we say do not give out info to DCA's?

if they own a debt (sold to them) then they are now the creditor and have the same rights as the original creditor.

that means they can raise a court claim.

they did to an old address quite legally... NEVER EVER EVER run from debt.

 

[AndyOrch]

They may not yet have requested judgment but it will be tricky to get up to speed without the original claim form and password to enable online MCOL AOS /Defence by the deadline.

[AA99]

£320

35 minutes waiting for northants bulk to answer the phone.

Claim form costs £11 but POC being emailed now. 

They did confirm that No Judgement yet issued.

POC reads:

Judgment amount:

 

Particulars of claim:

THE CLAIM IS FOR THE SUM OF £227.80 DUE BY THE DEFENDANT UNDER A VODAFONE ACCOUNT WITH AN ACCOUNT REFERENCE OF XXXXXXXX

THE DEFENDANT FAILED TO MAINTAIN CONTRACTUAL PAYMENTS REQUIRED UNDER THE TERMS OF THE ACCOUNT AGREEMENT.                          

THE DEBT WAS LEGALLY ASSIGNED TO THE CLAIMANT ON 21-11-22, 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 £9.94                            

THE CLAIMANT CLAIMS THE SUM OF £230

[AndyOrch]

No Password ?

[AA99]

Password?

Northants bulk just sent the above email..........

 

[dx100uk]

what date was this poc and what address an old one?

did they say on the phone that judgement has not been made

if so you could file a defence we have and stop this in its tracks.

 

[AndyOrch]

If you had the password on the claim form (required to submit an online defence)as I have already stated you could stop them getting a default judgment....if the system allows and its in time.

[AA99]

Sorry, they didn't say when or to which address it was made.

Yes, he did say I think you should know that judgement has not been issued.

[AndyOrch]

It will be by close of business today I suspect

[dx100uk]

MCOL is only one way of responding to a claim. 
(AOS, DEFENCE, N180 ETC)
.
If you are having problems logging in, or would prefer not to use MCOL, 
you can fax, email or post your response to the Court instead. 

If you send your response by e mail 
please send it to [email protected]

ensure you quote “Claim number xxx xxx (type of response i'e AOS , Defence, N180)” in the subject field. 

using the above details

put all below this as the defence in the txt of the email. simply copy and paste it

 

1.THE CLAIM IS FOR THE SUM OF £227.80 DUE BY THE DEFENDANT UNDER A VODAFONE ACCOUNT WITH AN ACCOUNT REFERENCE OF XXXXXXXX

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 21-11-22, 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 £9.94                            

THE CLAIMANT CLAIMS THE SUM OF £230

 

defence 

The Defendant contends that the original 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 accepted. I have, in the past, entered into a contract with Vodafone, however I do not recall the exact details, nor do I recall any outstanding balance. I have requested the claimant verify the exact details of this claim by way of a CPR 31.14. To date, no statement of the alleged account has been received.

2. Paragraph 2 is denied. I am not aware of what the alleged debt is.

3. Paragraph 3 is denied I am unaware of any legal assignment.

Therefore the claimant is put to strict proof to:

(a) show how the Defendant has entered into a Agreement/ Contract; and

(b) show and evidence the nature of breach and termination

(c) show how the Defendant has reached the amount claimed for; and

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. As per Civil Procedure Rule 16.5(4), it is required that the Claimant prove the allegation that the money is owed.

5. 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.

6. Regardless of the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly 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.

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.

 

GO DO IT NOW! better by 4pm too.

you should get a email acknowledgement it filed.

then comeback here there is one more thing to do (CPR 31:14 i'll give you that when defence is ack'd as filed.

dx

 

.

[AndyOrch]

Lets hope the 33 days have not already been exceeded, not knowing the date of issue of claim.

 

I've made a few edits to the above proposed defence.

 

 

.

[dx100uk]

urm..worth a try.

dx

 

[AA99]

Email sent and acknowledged immediately before 4pm..........

CPR 31:14 next?

[dx100uk]

hehe they will be spitting feathers if your defence is accepted.

 

heres the cpr you need to send

do not sign it

just type name.

 

 

[AA99]

Received email reply :

 

Good morning,

Thank you for your response.  

I’ve processed your response but am returning it to you as it wasn’t signed.  

 If the case goes to court, it may not be considered a valid document.

Kind Regards

 

Do I just type his name at the bottom or do I have to actually sign it? 

[dx100uk]

what the CPR?

dx

 

[AndyOrch]

The defence ? you didnt say who from or what the email is in connection to ?..

 

.

[AA99]

The email I sent for defence wasn't signed.  I shall print off and sign it and post it.

Will I do the same for the CPR31:14 ?  Or email it first to sols and then also follow up with a printed name, not signature, hard copy by post?