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**DISCONTINUED** Lowell County Court Business Centre Claim

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  • **DISCONTINUED** Lowell County Court Business Centre Claim

    Afternoon,
    I recently received a claim form from the county court business Center. The claimant is Lowell who have been sending me letters on and off to my old address for a while now- it is for a vodaphone account that I stopped paying back in late 2011- early 2012 and since then I have had no contact with anyone, just been ignoring the letters sent by various companies until I got this in the post on Friday and have been having trouble sleeping since!
    I've never had to deal with something like this in the past and have no experience.
    Since receiving I have done some research on this site but to be honest most seems like jibba jabba to me.- so far I have logged on to the money claim site and "acknowledged" the claim and chose to defend in full.
    I understand I now have to send off certain things to Lowells solicitors but what I am not sure of and the time period I have now. Basically I am unsure on everything herein!
    The letter reads as follows.

    The "particulars of claim"

    1) the defendant entered into an agreement with vodaphone under account reference xxxxxxx (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 31/07/2015 and notice given to defendant.
    4) despite repeated requests for payment, the sum of £812.79 remains due and outstanding.
    And the claimant claims.
    A) the said sum of £812.79
    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, accruing at a daily rate of £0.178, but limited to one year, being £65.02.
    C) costs

    The issue date is 23 Jan 2017

    The total amount is £1007.81

    Please help me on this one I have absolutely no clue what to do!

    Kind regards and many thanks
    Tags: None

  • #2
    Re: Lowell County Court Business Centre Claim

    Any help would be much appreciated!

    Comment


    • #3
      Re: Lowell County Court Business Centre Claim

      So I sent the cca and. ccj? To Lowell and there solicitors to get the paperwork they have regarding this and I've received a letter back from there solicitors saying they don't have to provide the details under the t&cs from vodaphone. I still haven't submitted a defence and don't know what my next move is. Can someone please help me here!!

      Thanks in advance

      Comment


      • #4
        Re: Lowell County Court Business Centre Claim

        Hi Josh,

        I have a few questions if you can answer that would be helpful.

        1. Can you explain the reasons why you no longer paid for the services, was there a dispute or were you unable to afford the payments or some other reason?

        2. Does the sums they are claiming sound about right to you? Can you recall how much you were paying monthly, how long the contract was and at what point during the contract did you stop paying?

        3. You say you've sent the CCA to Lowell, can you provide upload a copy of the letter and remove your personal information? You can do this by clicking on the 'go advanced' button and then there is a paperclip icon which allows you to upload documents.

        4. At any point during these letters you received, was there a default notice or a letter notifying you that the debt was assigned to Lowell? You have also suggested that letters came from various companies, can you remember who they were and have you kept any of the letters?

        5. I can also see you notified the court of your intention to defend the claim, what are your reasons for defending?

        As the claim was issued on money claims online and you have acknowledged the claim, you have 33 days from the date of it being issued to file a defence. By my calculations you have until Saturday

        Mobile phone contracts are not normally regulated by the Consumer Credit Act so in most circumstances sending a CCA request will not apply, however some mobile phone providers did offer mobile handsets on hire purchase terms (O2 did this but not sure if they still do now) so it is plausible that it could have been a regulated agreement, though I do not know if Vodafone ever offered similar regulated agreements.

        A few things I can see immediately from the particulars of claim is that they mention the notice of assignment and a default notice, but fail to give a date on when they were sent to you. It appears from the particulars that they are alleging the agreement was regulated by the CCA by virtue of a default notice, and it is also possible that they may backtrack on that point if the matter went to court but ultimately Lowell is the Claimant and it is the Claimant's job to prove their case. If the agreement wasn't a regulated one yet they seem to imply that it was, then it is Lowell's own fault and they should be put to proof on it. If they can't, then the claim should fail.

        A notice of assignment allows creditors to transfer the legal right to the debt to a third party, and in order for it to take legal effect, they must notify you of the assignment. If either Lowell or Vodafone failed to notify you of the assignment, then Lowell have no legal right to bring a claim in their own name - they only have an equitable right (the benefit of the debt) and it would have to be Vodafone who should be bringing the claim as a Claimant, with Lowell as an interested party.

        I've tagged [MENTION=87380]Diana M[/MENTION] and [MENTION=55034]nemesis45[/MENTION] to assist in case I'm not around.
        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
        LEGAL DISCLAIMER
        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

        Comment


        • #5
          Re: Lowell County Court Business Centre Claim

          I was unable to afford the repayments with vodaphone. After several conversations of lengthy phone calls asking if they can cut it to a lower tariff they would now allow it.
          It was such a long time ago and being a young lad of 18 I unfortunately didn't keep the contract. I think it was a 24 month contract at £45 and I was about 5 months into it.
          I will post a copy of the letters I sent as I'm replying on my phone at the moment. No I hadn't received any letters, the reply they gave to the cca also had a copy of a letter they sent to an address that I was living at for a month which states that Lowell had taken over the debt so the answer is yes but wasn't aware until then.
          unfortunatly as I was just bury my head from them everytime a letter turned up I was just ignoring it and binning it in hope it would just go away so I can't remember.
          This is the first time I've actually dealt with it since as it was such a wake up call when I received it!
          My reason for defending at the moment is that I tried to come to an agreement with vodaphone at the time which got me nowhere, I was willing to pay each month but simply couldn't afford the amount on that set tariff.?
          So regarding if the claim is regulated or not what is my next step to get them to proof that?
          Like I've said previously they had NOT notified me at the time until I received a letter from them 2-3 days ago with a "copy" of a letter they had sent to an address I was at for a month.

          How do I move forward now guys?

          Thanks again for your help rob I thought I was at a dead end

          Comment


          • #6
            Re: Lowell County Court Business Centre Claim

            See attached.
            Last edited by joshb; 14th February 2017, 09:07:AM. Reason: Photos have name on

            Comment


            • #7
              Re: Lowell County Court Business Centre Claim

              My reason for defending at the moment is that I tried to come to an agreement with vodaphone at the time which got me nowhere, I was willing to pay each month but simply couldn't afford the amount on that set tariff.?
              That defence may be difficult to hold up in court. You have to weigh up your options as to what you want to do, whether you come to an agreement or you fight it through to the end.

              I could barely read the Lowell letter but I get the gist of it (you've left your name at the bottom of the letters you should remove it). So they are claiming that because it was a telecoms agreement the CCA does not apply, but as I have pointed out that is not entirely true. For example, O2 (and I correct myself) used to offer fixed loans for the handset, those are regulated by the CCA (see image below). Equally, a quick scout on the Vodafone website shows they offered something called the "RED Hot Contract" which is also regulated by the CCA.

              Example O2 CCA Agreement:


              If Lowell's are claiming it's not regulated then they need to provide some evidence to the contrary, because if you showed up in court and referred to the above, then it casts doubt on their claim that all telecoms agreements are not regulated. Their poor pleadings doesn't really help them either because it gives so much little information it's not enough to properly form a defence.

              So there may be a possible defences to the claim albeit not concrete but the decision ultimately is up to you. Going to court is always a risk and there is the possibility that the judge may not find in your favour.

              Are you able to afford any repayments? Do you work at the moment?
              If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
              - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
              LEGAL DISCLAIMER
              Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

              Comment


              • #8
                Re: Lowell County Court Business Centre Claim

                I didn't notice that have the images been removed?
                If there's good enough grounds to see it through then that's what I'd like to do. Would I personally have to attend court as that's a long way for me to travel. I do have a job at the moment but I also have a newly born child and stay at home mum to support on my wage which is challenging alone.

                - - - Updated - - -

                Would you advise to come to an agreement under these circumstances?

                Comment


                • #9
                  Re: Lowell County Court Business Centre Claim

                  No the images are still there but your name is at the bottom of the letters you posted up so I'd suggest remove the info.

                  Unfortunately, nobody can guarantee success but only prospects of success and in your case, the claim isn't statute barred so your defence has to rely on Lowell's lack of pleadings and also the little information they have provided. It will be a game of nerves and who is willing to buckle first when it comes to going to court.

                  As a defendant, the court will normally allocate the hearing to the nearest court to you, so you won't have to travel too far.

                  If you want to go down the repayment route, you could offer to settle without any admission of liability, starting off low, perhaps 50% of the amount being claimed paid by instalments which is affordable to you. Otherwise your other option is to go to court and if you are seen as desperate the closer the trial date is, it is not uncommon for defendants to buckle and agree to pay the whole amount.

                  So, if you want to go down the defence route, I will assist where I can but equally, there is nothing stopping you from making an offer to settle at the same time.
                  If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                  - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                  LEGAL DISCLAIMER
                  Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                  Comment


                  • #10
                    Re: Lowell County Court Business Centre Claim

                    At least I wouldn't have to travel.

                    if and that's if I decided to leave it to court I'm assuming I'd have to pay for a solicitor to represent me. When you say a trial does that mean a jury will be involved also?
                    to offer them a settlement would I do that in writing or by telephone? As time is drawing closer to my defence now.

                    kind regards

                    Comment


                    • #11
                      Re: Lowell County Court Business Centre Claim

                      No you don't have to, you can represent yourself but if you do pay a solicitor you won't get your costs back for paying for one. A civil trial only involves the judge, a jury is generally used in criminal cases.

                      All settlements should be made in writing, and I would suggested you head the letter/email as 'Without prejudice save as to costs'

                      Again, you can still submit a defence to cover yourself whilst you try and attempt a settlement. They still have to prove their case and their particulars of claim is weak and liable to be struck out by the judge, if pointed out.
                      If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                      - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                      LEGAL DISCLAIMER
                      Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                      Comment


                      • #12
                        Re: Lowell County Court Business Centre Claim

                        I'd struggle representing myself.
                        Regarding a settlement should I send this to Lowell or their solicitor? Is there a sort of template for this?

                        Also from filing a defence with the points you've raised will offering a settlement effect the judges decision in any way? Also from filing a defence with these point and the judge throws it out wohat if we have already come to a settlement? Would that just be cancelled?
                        Is there a template for filing my defence with these points in mind? I will have to do this on Thursdays as I'm out the office for a week then.

                        Many thanks again rob!

                        Comment


                        • #13
                          Re: Lowell County Court Business Centre Claim

                          I've attached a defence template for you to use. In terms of what you should write, you should look at this first ->http://legalbeagles.info/forums/show...t-Court-Claims

                          It explains how you should set it out but each case is different and so you should adapt it carefully to suit your situation.

                          You should also look at this thread at post #31 (page 2) for a different example http://www.legalbeagles.info/forums/...ghlight=nomura

                          Points to consider including in your claim

                          1. Sub-headings to break up defence. You could have a sub-heading to deal with the poor pleadings such as 'The Claimant's inadequate pleadings' and then a sub-heading called 'The Claim' to deal with the main body of the claim.

                          2. Use paragraphs for each point you make, it should be concise and short in sentences and no more that 3-4 lines per paragraph if possible.

                          3. Don't waffle and veer off, stick to the points related to the claim, you need to show you have a valid and robust defence to their claim. This should put Lowell on the back foot and with a possibility that they may discontinue the claim closer to trial if they don't feel like it's worth it.

                          Feel free to post up your draft defence before hand and we can take a look and make suggestions.

                          If you agree a settlement usually its done by a Consent Order and the Case is withdrawn. Consent Orders (like a Tomlin Order which is another type of consent order) are like a contractual agreement, if you breach the terms then Lowell can bring a claim to enforce the agreement.
                          Last edited by R0b; 14th February 2017, 15:06:PM.
                          If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                          - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                          LEGAL DISCLAIMER
                          Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                          Comment


                          • #14
                            Re: Lowell County Court Business Centre Claim

                            How do i ask for an extension of time stated in the template rob?

                            - - - Updated - - -

                            after sending the CPR 31.14 request to Lowell on the 2nd of February i have recieved no reply?

                            Comment


                            • #15
                              Re: Lowell County Court Business Centre Claim

                              1: I received the claim D9XXXXXX from the Northhamton County Court on 25th January 2017

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

                              3: This claim is for a Vodaphone Account agreement regulated under the Consumer Credit Act 1974.

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

                              5. The particulars of claim fail to state when the agreement was entered into

                              6. The Claimants statement of case states that the account was assigned from Vodaphone to Lowell Portfolio I LTD on 31/07/2015. The Defendant does not recall receiving notice of this assignment.

                              7. It is denied that Vodaphone 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.

                              8: On the 2nd February 2017 I sent a request for inspection of documents mentioned in the claimants 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. On the 2nd February 2017 I sent a formal request for a copy of the original agreement to Lowell Portfolio I LTD pursuant to section [77 or 78]??? of the Consumer Credit Act 1974 along with the statutory £1 fee to which I have received no reply.

                              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. Section 78 (6) consumer Credit Act 1974 sets out the consequences of failure to comply with such request and states:

                              s78 (6) If the creditor under an agreement fails to comply with subsection (1)-
                              (a) he is not entitled, while the default continues, to enforce the agreement; and
                              (b) if the default continues for one month he commits an offence.

                              13: 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 not replied.

                              14. 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.

                              15. It is drawn to the courts attention that the claimant has failed to comply with my request to provide ANY documentation and is in clear default of its obligations under s78 (1) Consumer Credit Act 1974 and it is averred that the claimant has no right of action until such time as the default is remedied and the true copy of the executed agreement is produced before the defendant containing the prescribed terms under Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and signed in the prescribed manner by the debtor and creditor.

                              16. It is brought to the courts attention that the claimantfailed to comply with the CCA request stating this agreement is not regulated I refer to the O2 CCA Fixed sum loan Agreement which proves not every agreement is not regulated.

                              17. Furthermore, the Civil Procedure Rules in particular practice direct 32 requires that access is granted to the original documents, therefore I require the claimant to provide the defendant sight of the original credit agreement and any terms and conditions that they seek to rely upon in this action pursuant to PD 32.

                              18. Notwithstanding point 13, I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237).

                              19. Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but give me a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119.

                              20. Without Disclosure of the relevant requested documentation I am unable to asses if I am indeed liable to the claimant, nor am I able to asses if the alleged agreement is properly executed, contain the required prescribed terms, or correct figures to make such an agreement enforceable by virtue of s127 Consumer Credit Act 1974.

                              21. In view of the matters pleaded above, I respectfully request that the court gives consideration to whether the claimant's statement of case should be struck out as disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 16 and Practice Direction 16.

                              22. Alternatively if the court decides not to strike out the claimant’s case, it is requested that the court orders full disclosure of the requested documents pursuant to the Civil Procedure Rules.

                              23. 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.

                              24. I respectfully ask the permission of the court to amend this defence when the claimant provides full disclosure of the requested documents.

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


                              26. Therefore since the documents have not been supplied as requested pursuant to the Consumer Credit Act 1974 I deny that I am liable to the claimant and put the claimant to strict proof that such enforceable agreement between parties exists.

                              27. 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.

                              28. 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.

                              29. 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 .................................................. ....

                              - - - Updated - - -

                              Ive lost my head a bit in this as id like to state about them refusing my CCA request due to it being not regulated but not quite sure how to put it.

                              Again really appreciate the help your giving me here Rob!

                              Comment

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