Lowells/Overdales claimform - sons old vodafone

[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

 

[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.

 

[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.

 

[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 ccbcaq@justice.gov.uk

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

 

.

[dx100uk]

urm..worth a try.

dx

 

[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.

 

 

[dx100uk]

what the CPR?

dx

 

[dx100uk]

they dont have to respond to CRP sadly but WILL have to exhibit all docs they intend to rely upon at disclosure stage (witness statement) if the claim ever gets that far and they dont discontinue. or just let it get stayed.

 

[dx100uk]

std reply

the fleecers have 33 days to do 'something' else it will get autostayed.

though dont start cheering for about 2mts if you dont hear anything. court get backlogs

if it does go anywhere you will receive a blank DQ n180 from the court.

time to read a good few lowell claimform threads here now.

if they go true to colours, they will sent their proposed n180 to you stating the defence is generic/copied from the internet... will be struck out etc .

its just willy waving to intimidate as they have not sent it to the court.

shame you cant get mcol working then you could monitor the claim status as that will tell you if the court had sent out a blank n180 to lowells to fill in 

9/10 its willy waving with lowells.

please wet yourself..our case is weak we only filed it as we knew we'd get a backdoor ccj.

haha you found cag...tough luck lowells

 

dx

 

[dx100uk]

they dont re issue passwords.

 

[dx100uk]

part 18? you did file one of those did you? just our cpr 31:14

usual twaddle that we already know from them.

no bills then?

until/ unless you ever get a blank n180 in the post from northants bulk yours is not the next move