Lowell vs LS (Help Please)

[ksefton92]

Morning all,

I'm hoping you can help. My partner has received a court claim letter from Lowell regarding a Vodafone 'debt' to the tune of £672.64. They claim this debt relates to unpaid bills back in 2014. The problem is, my partner canceled her contract in August 2014 when the contract was due to end. At the same time, she cancelled her direct debits etc. and took a new contract out with a different provider due to the horrific service she had received from Vodafone during her time with them. For some reason, continued to bill her for the contract until March 2015.

We previously requested statements to show where this debt had come from, and you can clearly see that the phone and SIM card were not used at all from August 2014 to March 2015 when it eventually got closed down.

I had spoken with Vodafone in 2016 about this (when Lowell first initiated contact) as it was causing a lot of unnecessary stress and they said it was an error from their side. Unfortunately I'm struggling to find the notes I made on these various calls to them.

Anyway, the below info is what we have so far, and we have responded to the claim online with the intent to defend in full:

Received a claim? Yes
Issue Date: 27/06/18
Have you Acknowledged the Claim?: Yes (Intend to Defend in Full)
Total Amount Claimed: £672.64
Claimant's Name: Lowell Portfolio LTD
Solicitors Firm: Lowell Solicitors Limited
Original Creditor: Vodafone
Original Debt (e.g. Credit card/Loan/Overdraft): Phone contract
Particulars of Claim - Please type out in full excluding names/account numbers:
1) The Defendant entered int an agreement with Vodafone under account reference XXXXX7702 ("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 31/08/16 and notice given to the Defendant
4) Despite repeated requests for payment, the sum of £502.44 remains due and outstanding
And the Claimaint claims:
a) The said sum of £502.44
b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £0.110, but limited to one year, being £40.20
c) Costs
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Yes
List any letters you have sent (eg: CCA/ CPR ): None to date

I'd really appreciate any help or advice anyone can offer, unfortunately my partner is suffering with Post-Natal Depression and this whole debacle is certainly not helping matters.

Many thanks in advance,

[jaguarsuk]

Lee Vodafone Company Rep may be able to assist you with this.

In the meantime of him making contact, CPR 31.14 Request to Lowell Solicitors Limited for copies of "agreement with Vodafone under account reference XXXXX7702 ("the Agreement")" and "notice given to the Defendant" of assignment to Lowell Portfolio LTD.

And in case Lee is not able to respond quickly Subject Access Request Letter to Vodafone for agreement with Vodafone under account reference XXXXX7702, Notice of Default, Notice of Assignment to Lowell Portfolio LTD, full account history including log of calls and any other information the hold.

[ksefton92]

Lee Vodafone Company Rep may be able to assist you with this.

In the meantime of him making contact, CPR 31.14 Request to Lowell Solicitors Limited for copies of "agreement with Vodafone under account reference XXXXX7702 ("the Agreement")" and "notice given to the Defendant" of assignment to Lowell Portfolio LTD.

And in case Lee is not able to respond quickly Subject Access Request Letter to Vodafone for agreement with Vodafone under account reference XXXXX7702, Notice of Default, Notice of Assignment to Lowell Portfolio LTD, full account history including log of calls and any other information the hold.

Hi jaguarsuk,

Really appreciate the quick reply, will get those requests sent off today, and await contact from Lee also.

Thanks again,

[ksefton92]

Lee Vodafone Company Rep may be able to assist you with this.

In the meantime of him making contact, CPR 31.14 Request to Lowell Solicitors Limited for copies of "agreement with Vodafone under account reference XXXXX7702 ("the Agreement")" and "notice given to the Defendant" of assignment to Lowell Portfolio LTD.

And in case Lee is not able to respond quickly Subject Access Request Letter to Vodafone for agreement with Vodafone under account reference XXXXX7702, Notice of Default, Notice of Assignment to Lowell Portfolio LTD, full account history including log of calls and any other information the hold.

Hi jaguarsuk,

Sorry, just wanted to check but am I right in thinking that i just remove the below section from the CPR 31.14 request as it doesn't apply to mobile phone contracts?

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 03/08/18.

Many thanks,

[jaguarsuk]

Hi jaguarsuk,

Sorry, just wanted to check but am I right in thinking that i just remove the below section from the CPR 31.14 request as it doesn't apply to mobile phone contracts?

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 03/08/18.

Many thanks,

Not unless the contract had separate finance for the handset?

If not just delete that paragraph as you are not sending the Claimant a CCA request.

[ksefton92]

Not unless the contract had separate finance for the handset?

If not just delete that paragraph as you are not sending the Claimant a CCA request.

Thanks! Nope no separate finance for the handset so will remove that paragraph. Thanks again for your help with this.

[ksefton92]

Afternoon all, just a quick update. I have sent off the CPR 31.14 request, and sent Lee Vodafone Company Rep a message. I'm not sure what I need to do next. Do I wait for Lowell to come back with the information I've requested?

Many thanks,

[jaguarsuk]

Afternoon all, just a quick update. I have sent off the CPR 31.14 request, and sent Lee Vodafone Company Rep a message. I'm not sure what I need to do next. Do I wait for Lowell to come back with the information I've requested?

Many thanks,

Yep, just waiting game now

[Amethyst]

Until time to file your defence yes, which will be around 27th July.

[ksefton92]

Evening all, just wanted to update as I haven’t received anything back from Lowell or Lee yet. I’m a little concerned that the defence is due in less than a week and to be completely honest I have no idea what we need to put together for a defence

[jaguarsuk]

Evening all, just wanted to update as I haven’t received anything back from Lowell or Lee yet. I’m a little concerned that the defence is due in less than a week and to be completely honest I have no idea what we need to put together for a defence

You should make a start using the Example Defence and then post a copy up here with personal information removed for critique.

[ksefton92]

Afternoon all,

Please see below the example defence i have completed so far. I am unsure about points 11 and 12 (in bold) as I don't know if this is relevant to a mobile phone contract? Any advice, critique is welcomed!

In the Northampton County Court Business Centre
Claim No: XXXX4Z87

Lowell Portfolio LTD
Claimant
And
LS
Defendant

DEFENCE

1. I received the claim XXXX4Z87 from the Northampton County Court on 30/06/18
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. This claim appears to be for a mobile phone handset and service agreement regulated under the Consumer Credit Act 1974.
4. It is admitted that the Defendant has previously entered into an agreement with the Vodafone for provision of credit.
5. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
6. The Claimant’s Particulars of Claim fail to state when the agreement was entered into.
7. The Claimants statement of case states that the account was assigned from Vodafone to Lowell Portfolio Ltd on 31/08/16. The Defendant does not recall receiving notice of this assignment.
8. It is denied that Vodafone served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
9. On the 12/07/18 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Lowell Solictors Limited. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.
10. Lowell Solictors Limited has not sent any of these documents to me.
11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.
12. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. [The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.]
13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
Signed ________________________________
Dated ________________________________

[jaguarsuk]

Amend as follows:

3. This claim appears to be for a telecommunications agreement.

4. It is denied that the Defendant has previously entered into an agreement with the Vodafone.

12. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have failed to respond.

Delete 8 & 11

[ksefton92]

Amend as follows:

3. This claim appears to be for a telecommunications agreement.

4. It is denied that the Defendant has previously entered into an agreement with the Vodafone.

12. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have failed to respond.

Delete 8 & 11

Thanks so much for the quick reply! I've amended and posted below:

In the Northampton County Court Business Centre

Claim No: XXXX4Z87

Lowell Portfolio LTD

Claimant

And

LS

Defendant

DEFENCE

1. I received the claim XXXX4Z87 from the Northampton County Court on 30/06/18

2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3. This claim appears to be for a telecommunications agreement.

4. It is denied that the Defendant has previously entered into an agreement with Vodafone.

5. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6. The Claimant’s Particulars of Claim fail to state when the agreement was entered into.

7. The Claimants statement of case states that the account was assigned from Vodafone to Lowell Portfolio Ltd on 31/08/16. The Defendant does not recall receiving notice of this assignment.

8. On the 12/07/18 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors Limited. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

9. Lowell Solicitors Limited has not sent any of these documents to me.

10. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have failed to respond.

11. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

12. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

13. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

14. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Signed ________________________________

Dated ________________________________

[jaguarsuk]

Thanks so much for the quick reply! I've amended and posted below:

Looks good to go to me.