Lowell claimform - Vodafone Debt Faulty Phone ***Settled by Mediation***

[SirHumpy]

Hi Guys this one got a bit away from me and need to enter my defence by 19/02/21. Any help appreciated.

Name of the Claimant ? Lowell

 

Date of issue –  20/01/21

 

Date to submit defence   -22/02/21

 

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? 

 

1.The defendant entered into an agreement with Vodafone under account reference XX ("the agreement")

 

2.Th defendant failed to maintain the required payments and the service was terminated.

 

3. The agreement was later assigned to the claimant on 29/11/2019 and notice given to the defendant.

 

4.Despite repeated requests for payment the sum of £593.18 remains due and outstanding.

 

And the claimant claims:

 

the said sum of £593.18

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, accruing at the daily rate of £0.130 but limited to one year, being £47.45

costs

 

What is the total value of the claim? £770.63
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Only just before the court paperwork, around a week.
 

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? NA

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Mobile phone and airtime
 

When did you enter into the original agreement before or after April 2007 ? Afterwards, probably 2017
 

Do you recall how you entered into the agreement...On line /In branch/By post ? Online
 

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. Lowell say they own the debt.
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not until just before court paperwork.
 

Did you receive a Default Notice from the original creditor? Not that I recall.
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No
 

Why did you cease payments? Dispute over faulty handset, Vodafone stopped replying to contacts. Raised complaint, received no reply.
 

What was the date of your last payment? in 2019
 

Was there a dispute with the original creditor that remains unresolved? Yes, Vodafone simply ignored me.
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I offered before ceasing payments to come to a settlement, they refused.

[SirHumpy]

AOS done on 23/01/21

 

Not done CPR yet.

 

Thanks

[SirHumpy]

1. Paragraph 1 is denied with regards to the defendant entering into an agreement referred to in the Particulars of Claim (‘the Agreement’) the Claimant has yet to disclose any such agreement.

.

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 assignment/balance/breach as requested by CPR 31. 14 and 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;

.

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

.

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 and Section 82A of the consumer credit Act 1974.

.

5.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 if 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.

.

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.

 

Is that one ok? - thank you 

[SirHumpy]

Thank you - how would you suggest we personalise it?

I'm not sure but I think I have to submit defence by tomorrow.

[SirHumpy]

No - only at the most two weeks before. It was dated 08/12 though. But I didn't get until the week or two before the court paperwork.

[SirHumpy]

Thank you for re-opening and apologies for delay in responding.

Claim went to mediation,

I used the info from here - especially as they had said the debt relates to airtime not used,

went back and forth via mediator (who was really nice).

I offered 10% in full and final they refused it and wanted 75%, then 50%

- on final round they said they would refuse anything less,

but then came back and accepted the 10%.

Have mediators report to cover legally.

Good result. Thank you.

[SirHumpy]

Was on, now doesn't appear - entry seems to have been removed altogther, happened about 14 days afterwards