Lowell trying to give me CCJ

[Ola2019]

Hello good day guys, please I need help with resolving a claim Lowell sent to county court business centre of a debt they bought from Vodafone account I couldnt afford after we had issues of phone delivery. The letter was issued on the 19/11/2019 but I got it over the last few days, I am confused as to what to do as I am just working on sorting my finance out and this is just throwing me back into another debt and a possible CCJ. Guys please help me out on this as I am confused as to what I should do

[Ola2019]

Someone please help my life

[Amethyst]

Hello good day guys, please I need help with resolving a claim Lowell sent to county court business centre of a debt they bought from Vodafone account I couldn’t afford after we had issues of phone delivery. The letter was issued on the 19/11/2019 but I got it over the last few days, I am confused as to what to do as I am just working on sorting my finance out and this is just throwing me back into another debt and a possible CCJ. Guys please help me out on this as I am confused as to what I should do.

So you received a claim that is dated 19/11/2019. First job is to go and acknowledge service of the claim Acknowledge Claim
with intent to defend in full.

Then can you type out the particulars of claim. You need to send a Subject Access Request Letter (SAR ) to Vodafone

and a CPR 31.14 Requestrequest to Lowell Solicitors

You should take out the bit in the example about the CCA request as that isn't applicable to Mobile phone debts.

I couldn’t afford after we had issues of phone delivery

Can you tell us a bit more about that pls.

Also - does this debt show on your credit file? any idea when you last heard from Vodafone / last paid anything to them?

Â*

[Ola2019]

*Amethyst

Thanks for replying to me, I*really appreciate.

When you say I should acknowledge service of the claim, is it ok to just write in the space provided online that my intention is to defend the claim in full or are there any other things to add to that from the start? *

*

Secondly with regards to the delivery of phone, I really messed up after the delivery got complicated cause I didnt follow up much as I started seeing the phone bill go up while I had accommodation problems same week before the Christmas 2016 year. I was struggling a lot after I was disqualified from driving and life crashed down really, I was helped by an uncle to get another contract from 3 so I never really went back to Vodafone until Lowell started sending letters to any house I stay, up till now I am not in a permanent address cause I am still struggling to get a balance but the last thing is I want is a CCJ.*

Thirdly, regarding my credit file, yes Lowell/Vodafone shows on it when I check on clearscore but it is under the closed accounts.*

This is the Particular of Claim please*

1. The Defendant entered into an agreement with Vodafone under account reference 7017666857 (the Agreement).

2. The Defendant failed to maintain the required payments and the services was terminated.

3. The Agreement was later assigned to the Claimant on 30/08/2018 and notice given to the Defendant.

4. Despite repeated request for payment, the sum of 1210.19 remains due and outstanding.*

And the Claimants claims

A. The said sum of 1210.19

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 0.265, but limited to one year, being 96.82

C. Costs*

The Claimant believes that the facts stated in this claim form are true and I am duly authorised by the claimant to sign this

[Ola2019]

Please when you say I should take out the bit about CCA request, do you mean this paragraph below*

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, xx/xx/xxxx.

Do I have to keep copies of every letter I sent to Lowell and the one of Vodafone too? Also must it be recorded as I dont know if they can lie about not receiving the letters

I will go ahead and acknowledge the Service of claim and hopefully this short note below will be enough.*

Good day sir/madam, with a regards to the letter I received for a claim made by Lowell, claim number .... I intend on defending the case in full and I have written to Lowell and Vodafone respectively requesting more details and documents about the claim so as to be able to defend myself fully. I look forward to a response from the County Count Business Centre to confirm . Thanks yours sincerely .........

[Amethyst]

Please when you say I should take out the bit about CCA request, do you mean this paragraph belowÂ*


“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, xx/xx/xxxx.”

.

Yes exactly right, leave that paragraph out as the CCA isn't applicable.
Â*

[Amethyst]

I will go ahead and acknowledge the Service of claim and hopefully this short note below will be enough.Â*

Good day sir/madam, with a regards to the letter I received for a claim made by Lowell, claim number .... I intend on defending the case in full and I have written to Lowell and Vodafone respectively requesting more details and documents about the claim so as to be able to defend myself fully. I look forward to a response from the County Count Business Centre to confirm . Thanks yours sincerely .........

If you are acknowledging the claim online do not enter anything in the defence box at all.

If you are completing the N9 acknowledgment form then send the form to the court, not to the claimant, and no cover note is needed.
Â*

[Amethyst]

1. The Defendant entered into an agreement with Vodafone under account reference 7017666857 (‘the Agreement’).

2. The Defendant failed to maintain the required payments and the services was terminated.

3. The Agreement was later assigned to the Claimant on 30/08/2018 and notice given to the Defendant.

4. Despite repeated request for payment, the sum of £1210.19 remains due and outstanding.Â*
And the Claimants claims

A. The said sum of £1210.19
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 £0.265, but limited to one year, being £96.82
C. CostsÂ*

The Claimant believes that the facts stated in this claim form are true and I am duly authorised by the claimant to sign this


Â*

In your CPR request as for the 1) Agreement with Vodafone 2) Termination notice/Final Bill 3 ) Notice of Assignment.



Â*

[Amethyst]

Secondly with regards to the delivery of phone, I really messed up after the delivery got complicated cause I didn’t follow up much as I started seeing the phone bill go up while I had accommodation problems same week before the Christmas 2016 year. I was struggling a lot after I was disqualified from driving and life crashed down really, I was helped by an uncle to get another contract from 3 so I never really went back to Vodafone until Lowell started sending letters to any house I stay, up till now I am not in a permanent address cause I am still struggling to get a balance but the last thing is I want is a CCJ.

Thirdly, regarding my credit file, yes Lowell/Vodafone shows on it when I check on clearscore but it is under the closed accounts.

Okay so it is less than 6 years old...

so was the phone ever actually delivered to you ?

When you say you started seeing the phone bill go up, do you mean with call charges ?

Â*

[Ola2019]

Yes it showed delivered but was not delivered to anyone in the house, also yes with call charges cause I was originally on a sim only and then upgraded and was meant to get a mobile with it.

[Ola2019]

Thanks so much, I am going to submit that acknowledgment online now, but I dont know what to do with the counterclaim bit, should I tick no or yes? I will go and write the letter to both Vodafone and Lowell when I get home, so I can post it on my way to work tomorrow.

[Amethyst]

No counterclaim * ( and No jurisdiction issues either )

It certainly sounds like the SAR to Vodafone will be interesting, IF they respond.* Did you get a new SIM for the upgrade or were you still using your PAYG sim? Have you seen any bills from Vodafone and were they calls you had made or numbers you didn't recognise?

[Ola2019]

I cant stop thanking you guys, I know you told me not to write anything in the defence particular box but it didnt let me submit without writing something there, so I ended up writing this statement below

Iwill like to defend my case fully as I have requested further information from the claimant and Vodafone regarding the proposed*debt*

I hope I havent ruined anything for myself as I have submitted it now.

[Ola2019]

Good morning house, *please dont get tired of me, I have done the SAR request for Vodafone and CPR request to send to Lowell. I want to paste it on here for you to look through before I post it. Also guys kindly advice on what Vodafone uk department to address my letter to. Thanks a lot for everything.

[Amethyst]

Vodafone have a form ….Â*

To raise a Subject Access Request, please fill in the

Subject Access Request form
so that should make life easier

Quite annoying that the MCOL system didn't let you just acknowledge - I'll try have a look into that - you've put that you have requested more information so it's fine, and should be easy enough to rectify if need be later. Let's see what comes back from the letters. Â*

Did you get an email confirmation? and what does the status of the claim on Moneyclaimonline say now?Â*

You should, if it has gone in as a defence, get a letter in a few days saying your defence has been sent to the other side and they have 28 days to respond.

And yes feel free to post your CPR letter here before you send xxxÂ* No one is going to get tired of you