Evening all,

Is it true that there is a 6 year time limit on all unfair bank charges?

Over a 2 year period with A&L my partner and I racked up over £1k of charges, which looking back on it caused us quite a bit of financial difficulty. These charges were from 08/09. Is it far too late to pursue anything?

Also, i have copies of the statements detailing these charges if that makes a difference.

Thanks in advance

Daniel

Yes, MCOL says defence was received on 3rd Oct.

Is there a time scale after submitting my defence before the claim gets struck out/set aside?

Defence has been submitted this evening. Thank you all for your help, i'll keep you posted on the outcome.

Cheers

Yes, I filed the acknowledgement online via the MCOL, so i still have the original forms.

thanks

daniel

Name of the Claimant ? Lowell Portfolio 1 limited

Date of issue – 20 Sep 2016

Date to submit defence = 21 Oct 2016 [as 33 falls w/end -dx]

What is the claim for –

1) The defendant entire into an agreement with Vodafone under account reference xxxxxxxx ('the agreement').

2) The Defendant failed to maintain the required payments and a default notice was served and not complied with.

3)The Agreement was later assigned to the Claimant on 27/03/2012 and notice given to the Defendant.

4) Despite repeated requests for payment, the sum of £160 remains due and outstanding.

And the Claimant claims

a)The said sum of £160

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum to the date of issue, accruing at a daily rate of £0.0XX but limited to one year, being £1X.XX

c) Costs

What is the value of the claim? £240

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Mobile Phone

When did you enter into the original agreement before or after 2007? Not sure. Possibly 2008/2009

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. Lowell

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

Did you receive a Default Notice from the original creditor? Yes

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No, although I do have a 'Statement of Account' from Lowell

Why did you cease payments? 12/24 month contract was well finished, informed vodafone by call and stopped using the services I have been charged for.

What was the date of your last payment? July 2010??

Was there a dispute with the original creditor that remains unresolved? Yes

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

Thank you Scott, sorry for posting in the wrong forum.

Evening everybody,

hoping for some advice regarding a claim form i've received from Lowell solicitors regarding a Vodafone mobile phone debt.

Around 2008/2009 i took out a mobile contract with Vodafone, fairly sure it was for a year.

After the year was had passed, i continued using the phone and paying the monthly line rental, without upgrading my contract or taking out a new phone.

After some time (mid 2010?) I informed Vodafone via telephone that i did not want to continue doing this and intended to put a pay as you go sim into the same phone.

As far as I can remember nothing more was said.

I continued to keep getting monthly line rental charges for a number of months

when I called vodafone again was informed that I could only end a contract via written letter.

Monthly charges stopped but debt collection letters started arriving for the £152 outstanding.

Foolishly I didn't do anything about this at the time, thinking it wouldn't come to anything as they were trying to charge me for something that had been cancelled and clearly wasn't being used.

Dated 20 sep 2016 i've now received a claim form from Northampton court for £240.

I've already sent off the acknowledgement of service.

What should be my next step?

I desperately don't want a CCJ, but don't really think this £240 charge is at all fair.

I've got a Lowell statement of account from 2012 that shows vodafone transactions on the reverse between 21 July 2010 and 14 Oct 2010. £35 charges every month despite the only usage showing is £0.01 middle of August?

Hope you can help, thanks in advance.

Daniel

I'm pretty positive this was done over the phone and and i'm sure I didn't sign anything. My brother worked for the bank for a year or two.

Nope. Only 1 page to the credit agreement/T&C's. Not signed by me. Should it have an agreement number anywhere?

Ok, hope these come out ok. I'm pretty sure i've removed everything I should have, but grateful if anyone sees anything I missed and lets me know.

I've left out scans of the evidence of means and transaction summary but can get these up if need be.

Cheers

Just checked the MCOL site again. Claim was Struck out. I'll get the documents up as quick as I can.

Cheers

Seems this hasn't totally got away yet

Letter from Howard Cohen Solicitors received today with copies of CA, transaction summary, DN and NoA.

State they will consider any reasonable offer and include an evidence of means. Want a response within 14 days or will seek clients instruction to apply for judgement. Gonna do a search on the forum for any other similar cases. In the meantime, any thoughts?

Been a while since I've been on here.

Since my last post the DQ was returned to the court.

Not heard anything since.

Just checked the MCOL website and theres an entry stating the claim issued against me was struck out at the end of July.

Forgive my lack of knowledge but what exactly does this mean?

And why haven't I received anything in the post about it?

Cheers

Dan

Still no correspondance from Hoist or Cohen. I've received a small claims track directions questionnaire. Fill this out and send back to the court?

Cheers

Daniel

Hi Andy, in the amended defense, am I saying paragraph 1 is noted and I have had a contractual relationship with Santander due to me having what looks to be a notice of assignment?

Also when filing my defence do I need to copy the POC in or just my response?

Thanks once again for all your help.

Thank you Andy. Managed to access the MCOL website now. Just noticed on the POC that what I've written as paragraphs 2 and 3 are actually combined on the claim form. Like this

The debt was legally assigned by Santandericon Cards Ltd to the claimant and notice has been served. The Defendant has failed to make contractual payments under the terms of the agreement. .A default notice has been served upon the Defendant pursuant to Section 87(1) CCA.

Thank You dx and Andy. Something weird happening this morning with MCOL website. Cant login with the Claim no and password on the claim form. Going to have to ring the court this morning and see whats happening.

With regard to paragraph 2. I do have what could be a Notice of assignment.

Cheers

Off to bed now. Will check back in the morning to see if I need to make any changes before sending.

Cheers

1.This claim is for the sum 26xx in respect of monies owing pursuant

to The consumer credit Act 1974 (CCA) under account no xxxxxxxxxxxxxx

2.The debt was legally assigned by Santander Cards Ltd to the claimant and notice has been served.

3.The Defendant has failed to make contractual payments under the terms of the agreement.

4.A default notice has been served upon the Defendant pursuant to Section 87(1) CCA.

The Claimant claims

1. The sum of 26xx

2 Interest pursuant to s69 of the county court Act 1984 at a rate of 8.00 percent from the 22/02/2015 to the date hereof 46 days is the sum of 26.00

3. Daily interest at the rate of .56

4. Costs

Defence has to be submitted tomorrow. Does this look ok?

1. 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.

2. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and is in default of a Section 78 request.

3. Paragraph 3 & 4 are denied as The Defendant maintains that a default notice was never received.The Claimant is put to strict proof to that a default notice was issued to and received by the Defendant.

4. On the 18th April 2015 I made a legal request by way of a section 78 request to the Claimant. The Claimant has not yet produced the requested documents therefore I am currently unable to fully defend this claim.

5.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed and evidence any breach and notice of breach by way of a default notice or notice of sums in arrears.

Therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; and

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

© show how the Claimant has the legal right, either under statute or equity to issue a claim.

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.

Still nothing back from Hoist or Cohens regarding the CCA and CPR request. If my dates are correct, I believe I have until Tuesday to file the defence? How do I proceed here?

Regards

Dan

Ok, i'll get the CCA and CPR requests off first thing Monday morning and see what happens.

Is that unusual wording?

Just typed up the CPR request. Based on the particulars of Claim, am I correct in asking for

1 Agreement

2 assignment

3 default notice

4 termination notice

Anything else I have missed? I've used the CPR31.14 from the library.

Cheers

Daniel

Yes me too. If I look at my previous report library on Experian, the debt was there on a report created Oct 2014, default date shown as Sep 2010. My next viewable report is Feb 2015 and it isn't on there, or any report subsequently.