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  1. #1
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    Default Lowell no agreement needed

    Hi everyone.
    I received a court claim from Northampton court on the 10/03/2017 from Lowell portfolio for a Vodafone debt
    I had a quick look around at threads and decided to contest the claim .
    So I sent a crc letter to Lowell portfolio and a cpr31.14 to Lowell solicitors.
    I then logged on to mycol to acknowledge the claim with my intention to defend the claim.

    Today the 18/03/2017 i received a letter from Lowell solicitors stating that they do not need to send me a copy of a credit agreement as it was a telecommunications agreement and I should refer to Vodafone's website for terms and conditions. They go on further to say they purchased the debt from Vodafone and intend to pursue the case.

    As I am defending the claim what information should I ask for to mount my defence.
    I assume Lowell has the relevant documentation of a agreement.

    My understanding is they can't just take me to court without supplying evidence to back the claim.

    Help
    I'm a bit stuck

  2. #2
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    Default Re: Lowell no agreement needed

    Hi wozfromcov

    Could you post up the Particulars of Claim (remove any personal identifiers), & let us know the date of issue of the court claim & the (approx) amount being claimed?

    The best way of getting info is to SAR Vodafone.
    http://www.legalbeagles.info/forums/...ur-information
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    There is danger when a man throws his tongue into high gear before he
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    "They couldn't hit an elephant at this distance!"
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  3. #3
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    Default Re: Lowell no agreement needed

    Hi charitynjw

    So issue date was 08/03/17 I recieved it on the 10/03/17.

    Particulars of claim

    1) the defendant entered into an agreement with Vodafone under 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 the 30/08/13 and notice was given to the defendant.
    4) despite repeated requests for payment,the sum of £456.21 remains due and outstanding.
    And the claiment claims
    A)the said sum of £456.21
    B)interest pursued to s69 county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.100, but limited to one year, being £36.50
    C)costs

    Amount claimed £492.71
    Court fee £35.00
    Legal representative costs £50.00
    Total amount £577.71

    So I sent a CPR 31.14 to Lowell solicitors on the 10/03/2017 asking for the agreement as stated in the claim and a CRC letter with £1 to Lowell portfolio.

    I received a reply from Lowell solicitors yesterday the 18/03/2017 saying this is telecommunications account and therefore the original creditor is not obliged to provide yo with a Copy of the agreement or default notice.
    They did send a copy of notice of assignment which o didn't ask for and quite frankly could of been printed off the day they sent it. Its not a photocopy its been typed up and printed on plain paper.

    Regards
    Wozfromcov
    Last edited by wozfromcov; 19th March 2017 at 09:26:AM. Reason: Did not finish reply

  4. #4
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    Default Re: Lowell no agreement needed

    With reference to the 'CRC' letter, would that be a ss77-79 request via CCA 1974? (You've included a £1 fee).

    Lowell Solicitors may or may not be correct as to whether the agreement is regulated by the CCA.
    Most aren't, but some are; I doubt that Lowells will have access to all of the historic records at this point in the proceedings.
    A SAR should reveal all to you.
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  5. #5
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    Default Re: Lowell no agreement needed

    Should I re submit a CPR 31.14 asking for a copy of the documentation for the account on which they a basing the claim.
    My belief is of it goes to court they have to supply evidence to back the claim up im legally entitled to see it so I can defend it

    Im Assuming they didn't send it the first time and tried to fob me off as they didn't have it. And all they have done since I sent the request is bombard me with phone calls.
    The CRC letter was sent to Lowell portfolio with £1 postal order but I did include a copy of that letter to Lowell solicitors too.
    As for for sar is there a template letter that can be used and would you need to send of to a special department at Vodafone.

  6. #6
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    Default Re: Lowell no agreement needed

    I have to say you guys and gals on here are great and the help is really appreciated. These companies that do this type of thing really get under your skin and cause so much worry. And it's so nice to know there are people out there willing to give up some of there time to help.

    Regards
    Wozfromcov

  7. #7
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    Default Re: Lowell no agreement needed

    http://www.legalbeagles.info/forums/...quest-template

    http://www.legalbeagles.info/forums/...ur-information

    I'm guessing you've already requested a copy of the agreement in your previous CPR letter.
    & they've said 'No way, Jose'!
    If that's the case, if it were me I wouldn't bother resending it.
    I'd keep their unreasonable response nice & safe to use as evidence of how unreasonable they are.
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  8. #8
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    Default Re: Lowell no agreement needed

    Yes all I asked for was the agreement as stated in the claim. I worded it as agreement not credit agreement. They sent the reply back saying the original creditor doesn't need supply details.
    But its not the original creditor taking me to court.

  9. #9
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    Default Re: Lowell no agreement needed

    I will request sar from Vodafone tomorrow.

  10. #10
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    Default Re: Lowell no agreement needed

    I have sent a SAR request to Vodafone at what point should I prepare a defence.?

  11. #11
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    Default Re: Lowell no agreement needed

    4 p.m. 10th April

  12. #12
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    Default Re: Lowell no agreement needed

    Thank you mike770
    I might not have the sar request back then.
    As for defence I assume all I need to be wording is that I have asked Lowell for the documents they are basing the claim on and they have failed to provide me with a them.

    Regards
    Wozfromcov

  13. #13
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    Default Re: Lowell no agreement needed

    yes one of the contents

    - - - Updated - - -

    Defence Example

  14. #14
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    Default Re: Lowell no agreement needed

    That's awesome thanks

    I will tweak to suit my defence and post a copy

    Many thanks
    Wozfromcov

  15. #15
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    Default Re: Lowell no agreement needed

    Hi wozfromcov,

    If there's an unresolved dispute regarding the account that the claim relates to, please email me with the relevant details via the form here.

    To access the form you'll need to enter the code WRT135.

    As well as stating your issue in the question box, please also quote 'Legal Beagles'.

    Once sent, you'll receive an automated reply with a reference number. Post it on here and I'll check that I've received it.

    Thanks,

    Lee

    Social Media Operations

    Vodafone UK
    I am an official company representative of Vodafone UK.

    LegalBeagles has given permission for me to post in response to queries about the company, so that I can help resolve issues.

    This does NOT imply any form of approval of my company or its products by LegalBEAGLES.

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