Lowell claimform - Vodafone mobile debt

[roland60]

Hi

 

I received a county court claim from Lowell Portfoloio on 12th December 2018 regarding a debt with Vodafone, I made AOS on 18th December.

 

POC

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 28/02/2018 and notice was given to the Defendant.

4) Despite repeated requests for the 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 Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accusing at a daily rate of £0.251, but limited to one year, being £71.76

c) Costs

 

I would really appreciate some advise for the next stage.

Many thanks.

Roland

[renegadeimp]

Can you give some history on the debt please. Such as dates etc

[BankFodder]

Well it would help if you would start off by telling us your side of the story and also the amount of money which is being claimed although I suppose if somebody was a bit mathematical we could calculate back from the rate of interest which you have indicated in the claim

[roland60]

I was with Vodafone approx 16 years and switched networks in 2016, as I couldn’t keep up payments due to losing my job, Vodafone wasn’t much help by adding late payment fees which made up quite a chunk of the total bill. The amount claimed is £1,144.

[dx100uk]

better we stick to the tried and tested methods on CAG

else stupid mistakes are made:

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do-**UPDATED-2018**(1-Viewing)-nbsp

 

please complete the above

 

dx

[silverfox1961]

Hi, a quick jump in and out.

 

I have seen quite a few cases on CAG where Lowell have discontinued a case just before they were due to appear in court. My suspicion is the fact that they were unable to supply the contract due to the shambles of VF's agreement storage.

When a paper contract is signed, VF then sent these to an off site storage unit but these were never filed properly meaning that they were unable to find them. Lowell were given the most basic of information to be able to chase the debt. At first, it was Lowell (or a different DCA) chasing on behalf of VF but then Lowell bought the debt and even after purchase, they would still only have basic information.

 

Also, VF didn't lower the full price when an account was terminated to reflect the lack of use by the customer. All they did was multiply each months charge by the amount of time left to the end of the agreement.

 

Also, VF levied missed/late payment charges and an admin fee when the debt was assigned. This admin fee was 15% or £100 whichever was the lowest. I don't know if this practice is still ongoing but if it is it's unlawful as admin fees should be an accurate figure, not a fixed amount.

 

Jumping out again

[roland60]

Name of the Claimant ? Lowell Portfolio Ltd

 

Date of issue – 12.12.2018

 

Particulars of Claim

 

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 28/02/2018 and notice was given to the Defendant.

 

4) Despite repeated requests for the payment, the sum of £1,144 remains due and outstanding.

 

And the Claimant claims

a) The said sum of £1,144

 

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, accusing at a daily rate of £0.251, but limited to one year, being £71.76

 

c) Costs

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No

What is the total value of the claim? £1,366

 

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 ? 2002

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes

 

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

 

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? Loss of job

 

What was the date of your last payment? Late 2016

 

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan - I did communicate that i had financial problems, but they were no help.

Edited January 8, 2019 by dx100uk
format

[dx100uk]

have you sent a CPR 31:14?

 

your defence is due Monday by 4pm

[roland60]

I haven't sent anything out

[dx100uk]

why not??

 

this is your third court claim you should have know what to do the second it landed on your doormat!!

 

and take a month to come here!!

[roland60]

I have sent the CPR 31:14 today.

 

I am dealing with so many issues personal and work related that I’m really struggling to get a moment to myself.

 

I should have read my earlier threads, I thought being a mobile phone account maybe there was different documents I would have to send, my mistake.

Edited January 9, 2019 by dx100uk
spacing

[roland60]

I would really appreciate some help putting my defence together as its due on Monday, any pointers links etc..

 

Many thanks

Roland

[dx100uk]

copy and paste your thread title into the search cag box of the top red toolbar

 

100's here already

post it up 1st for checking

[roland60]

Hi

 

Could you please check over my defence below. Thanks

 

 

Particulars of Claim

 

1) The defendant entered into an agreement with vodafoneicon 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 28/02/2018 and notice was given to the Defendant.

 

4) Despite repeated requests for the payment, the sum of £1,144 remains due and outstanding.

 

And the Claimant claims

a) The said sum of £1,144

 

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, accusing at a daily rate of £0.251, but limited to one year, being £71.76

 

c) Costs

Defence

 

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 noted, again I do not recall any termination as I changed my service provider and I have never received a Default Notice.

 

3. Paragraph 3 is denied.I do not recall having received a Notice of Assignment, as stated by the Claimant and despite my request for a copy of said document, under CPR 31.14, the Claimant has failed to provide me with such to date.

 

4. Paragraph 4 is denied in regards that the claimant is misleading the court in its pleadings and has never made contact or made requests prior to issuing this claim. Its sole purpose in purchasing this debt was to litigate and secure a county courticon Judgment and therefore pre action protocol was never attempted and should be considered in deciding the outcome of their claim

 

Therefore the Claimant is to provide strict proof to:

 

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

 

 

5. The Claimant has stated that he has made several requests for repayment, yet I do not acknowledge any debt to the Claimant.

 

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

 

7. As 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.

 

8. Subject to 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.

 

9. 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]

adapt AS NECESSARY

THIS IS AN EXAMPLE ONLY

 

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.The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claimicon pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

.

2. Paragraph 1 is accepted. I have, in the past, entered into a contract with EE Limited , however I do not recall the exact details. 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.

.

4. Paragraph 3 is denied.I do not recall having received a Notice of Assignment, as stated by the Claimant. They have sent an alleged copy dated 18 November 2016 from my cpr31.14 request. This is the first time i have seen this letter.

.

5. Paragraph 4 is denied in regards that the claimant is misleading the court in its pleadings and has never made contact or made requests prior to issuing this claim. Its sole purpose in purchasing this debt was to litigate and secure a county court Judgment and therefore Pre Action Protocol was never attempted and should be considered in deciding the outcome of their claim

.

Therefore the Claimant is to provide strict proof to:

.

(a) show how the Defendant has entered into a Agreement/ Contract; 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. The Claimant has stated that he has made several requests for repayment, yet I do not acknowledge any debt to the Claimant.

.

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

.

8. As 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.

.

9. Subject to 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.

.

10. 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

.

nicked from andyorch

[roland60]

Thanks DX100uk

 

I made changes according to my claim and submitted the defence.

 

Many thanks

[dx100uk]

post it here for ref.

 

dx

[roland60]

Sorry pasted the wrong one here.

This was the correct defence I submitted.

 

Defence

 

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.The Claimant has not complied with paragraph 3 of the PAPDC

(pre action protocol) Failed to serve a letter of claim pre claim

pursuant to PAPDC changes of the 1st October 2017. It is

respectfully requested that the court take this into

consideration pursuant to 7.1 PAPDC.

 

2. Paragraph 1 is accepted. I have, in the past, entered into a

contract with vodafone, however I do not recall the exact

details. 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.

 

3. Paragraph 2 is noted, again I do not recall any termination as

I changed my service provider and I have never received a Default Notice.

 

4. Paragraph 3 is denied. I do not recall having received a

Notice of Assignment, as stated by the Claimant, despite my

request for a copy of said document, under CPR 31.14, the

Claimant has failed to provide me with such to date.

 

5. Paragraph 4 is denied in regards that the claimant is

misleading the court in its pleadings and has never made contact

or made requests prior to issuing this claim. Its sole purpose in

purchasing this debt was to litigate and secure a county court

Judgment and therefore pre action protocol was never attempted

and should be considered in deciding the outcome of their claim

 

Therefore the Claimant is to provide strict proof to:

 

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

Contract; 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. The Claimant has stated that he has made several requests for

repayment, yet I do not acknowledge any debt to the Claimant.

 

7. As per Civil Procedure Rule 16.5(4), it is required that the

Claimant prove the allegation that the money is owed.

 

8. As 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.

 

9. Subject to 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.

 

10. 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

[roland60]

I received a letter from lowell stating the following...

 

As this is a former telecommunications matter, it is not regulated by the consumer credit act 1974, the original creditor is therefore not required to retain a copy of the agreement. Subsequently we are unable to request a copy of this document.

[dx100uk]

well as you didn't send a CCA request....what are they dribbling on about....

[roland60]

My thoughts exactly

[roland60]

I have received a letter from Lowell regarding the directions questionnaire and that they have agreed to mediation. Shall i go ahead and agree to mediation?

[dx100uk]

why?

have you had your N180 thru?

[roland60]

Not yet, I was asking in advance.

[dx100uk]

then get reading up in advance

every question you have asked can be answered by reading mostly any claimform thread in this forum...

the one directly below yours has the exact same question and answer