Lowells/? claimform - old Vodafone mobile 'debt'***Claim Discontinued***

[upen]

Good evening to you all!

 

I have been recommended this site by a friend of mine. Your help and advice was invaluable!

I humbly asked for your help with my problem as well please.

 

I have received claim papers on 13/08/16 - dated 11/08/16 from Lowell Portofilio ltd.

It is in regards to Vodafone account that I have had in past and is in dispute with the Vodafone.

 

I will try to explain.

 

 

I think it was back in 2012 (october-december time) when I was cold called and offered ' special deal ' and I would receive an Ipad!

 

 

Obviously, with Christmas coming up I have been stupid enough to say OK.

However, when my first bill arrived I have been charged extra money for the line rental for the Ipad.

 

 

Straight away I have called them and queried this as my understanding was that i will pay extra £5 per month on a new 24 month contract.

 

 

I have spoken number of times to Vodafone and I have told them that I was miss-sold this product!

I have given them name of the sales person that spoken to me and requested to listen to sales call.

To obtain that was quite a challenge in itself.

 

 

When I have finally received the link to read transcript of recorded sales call,

an error message popped up saying that link is invalid.

 

 

Another x phone calls to vodafone, where you going from pillar to post and everyone pleads ingorance....

I have stupidly left and thought that Vodafone has accepted that they were wrong!

I have searched everywhere for the e-mails and names that I have contacted, but found nothing!

 

I really need to know how to proceed with this one.

How long do they keep recording of sales calls?

 

I don't want to get any CCJ for something that clearly was not right...

 

Please guys help!

 

Thank you in advance

 

Upendra

[martin2006]

Is it an N1 you have received from the courts or a threatogram from Lowells? Scan and post it up so we can advise, please remove any identifying info before posting

[aronik]

Good evening Martin2006,

thank you for your swift response its N1SDT claim form.

[dx100uk]

can you fill this in please

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

[martin2006]

Ok so what you need to do is as follows:

 

1. Go to MCOL online and acknowledge the claim, password details are on the claimform

2. Tick defend all

3. Leave jurisdiction unticked

4. Exit mcol, do not go on to defence page.

5. Send a CPR 31:14 to the solicitors, Lowells, not Lowells portfolio

 

For a mobile phone there is no CCA so no need to send a request fir the agreement

 

6. Calculate when you need to file your defence, this is 33 days from the date if the claim on the form, that date being day 1.

 

And please fill in the link in the above post from dx

[upen]

Good morning,

 

Name of the Claimant ? - Lowell Portfolio Ltd

Date of issue – 11/08/16

What is the claim for –

1.The defendant entered into an agreement with Vodafone under account reference xxxxxxxxxxx ('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 xx/xx/2014 and notice given to the Defendant

4. Despite repeated requests fro payment the sum of xxxx remains due and outstanding.

And the Claimant claims

a, the said sum of xxxx

b, Interest pursuant to s69 County Courts Acts 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £xxx, but limited to one year being £xxx

c, costs

 

What is the value of the claim? - £2240

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

 

When did you enter into the original agreement before or after 2007? - after

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 Portfolio Ltd

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? - No

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - No

Why did you cease payments? - Yes

What was the date of your last payment? - end of 2012 ( i think )

 

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 managementicon plan? - No

Hope this information help.

Thank you in advance

Upen

[martin2006]

Can you please confirm you have done everything in #5 aswell please?

[AndyOrch]

And could you please stick to one username ?

 

Why are you posting under 2 accounts?

 

Regards

 

Andyorch

[upen]

Good morning.

Yes I have done all as advised.

Andyorch - I was at my friends who recommended this group and was on their computer. Genuine mistake - I do apologise.

 

Thank you

Upen

[silverfox1961]

Sorry for jumping in (and out again)

Please ensure that your cpr request includes a demand for all documents relied upon in the claim.

the agreement

the default notice

the Notice of assignment

 

being the main ones.

 

If you haven't sent VF a Subject Access Request, this is something you should do as quickly as possible. Ensure that you include plenty of ID and address proof including previous addresses (if any) as VF are very strict on confirming ID even though they have (allegedly)written to you at your address(es) Include a £10 cheque to cover the statutory fee.

 

As an aside, this 'debt' was a matter of dispute and as such VF should not have passed this on to anyone else whilst the dispute was ongoing. Also, I have seen cases where the POC's have stated that a default notice was sent but not received. VF cannot prove they actually posted a default notice. All they could do is say if one was printed off.

There is also the matter of termination and admin fees. In my opinion, where a line has been disconnected, any features of the package were lost therefore VF should have reduced the line rental to cover the loss of use. the admin fees are another issue. VF charge either 15% or £100, whichever is the lowest (when last informed) as an admin fee. This is unlawful as admin fees should only be added at the rate it actually cost them, not some fictitious amount they choose. If it cost them £10 to pass this file to a debt collector, that is all they are allowed to add to your bill.

Thought I would add that and now I'm off again.

[AndyOrch]

Good morning.

Yes I have done all as advised.

Andyorch - I was at my friends who recommended this group and was on their computer. Genuine mistake - I do apologise.

 

Thank you

Upen

 

Then please log your friends out and you log in again under your username.

 

Regards

 

Andy

[upen]

Then please log your friends out and you log in again under your username.

 

Regards

 

Andy

 

Done that! Sorry about that!

[upen]

Sorry for jumping in (and out again)

Please ensure that your cpr request includes a demand for all documents relied upon in the claim.

the agreement

the default notice

the Notice of assignment

 

being the main ones.

 

If you haven't sent VF a Subject Access Request, this is something you should do as quickly as possible. Ensure that you include plenty of ID and address proof including previous addresses (if any) as VF are very strict on confirming ID even though they have (allegedly)written to you at your address(es) Include a £10 cheque to cover the statutory fee.

 

As an aside, this 'debt' was a matter of dispute and as such VF should not have passed this on to anyone else whilst the dispute was ongoing. Also, I have seen cases where the POC's have stated that a default notice was sent but not received. VF cannot prove they actually posted a default notice. All they could do is say if one was printed off.

There is also the matter of termination and admin fees. In my opinion, where a line has been disconnected, any features of the package were lost therefore VF should have reduced the line rental to cover the loss of use. the admin fees are another issue. VF charge either 15% or £100, whichever is the lowest (when last informed) as an admin fee. This is unlawful as admin fees should only be added at the rate it actually cost them, not some fictitious amount they choose. If it cost them £10 to pass this file to a debt collector, that is all they are allowed to add to your bill.

Thought I would add that and now I'm off again.

 

Thank you. Will do this today!

[upen]

Good evening again!

I have done as advised but to this date I have no reply from either. My defence is due on Monday.

Where do I go from here?

Any help is greatly appreciated.

Thank you

Upen

[dx100uk]

I see you've read one other relevant thread

that thread has a defence

adapt it to your details

and post up the defence here.

 

 

dx

[upen]

Good evening! I have not been here for a while as I was waiting for Lowells / Vodafone to reply.

 

Now I have received reply from Lowell - Our claimant has instructed us to DISCONTINUE this claim.

 

Thank you for all your help.

 

Upen

[dx100uk]

You won!!

 

 

 

See my SIG re a donation

[silverfox1961]

Hi and well done

 

Give the court a ring and make sure they have received the same notice.

 

I have now seen this a few times with VF cases. I suspect this is due to them not being able to find any agreement as they don't use any particular filing system, just send them to a secure storage facility in boxes all mixed up in no order.

 

A lot of these cases also stem from when VF had major issues with the new software and when challenged, they fold (Lowell that is)

 

You could add insult to injury for Lowell. Ask for your costs! They usually refuse