Lowell trying to give me CCJ

[Ola2019]

hello I have checked the Vodafone online form, is it ok to add my ID when submitting the online form for SAR and can I put this in the additional details space provided*

Copies of bills, start and end date contract, date of last payment and proof of agreement.

Below is CPR letter I intend to post to Claimant/Lowell solicitors address

My personal details

and contact no

27/11/2019

Lowell*Solicitors*Limited

P*O*Box*1419

Northampton

NN2*1BU

Dear Sir/Madam

Claim Number: ...........

Request for documents mentioned in a statement of case under CPR 31.14

On 22/11/2019 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 21/12/2019

1) Agreement with Vodafone

2) Termination notice/Final Bill

3 ) Notice of Assignment.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim.

I, as Defendant, am entitled to see the documents on which the Claimant relies and which you must produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

I look forward to hearing from you.

Yours sincerely

Mr ...........

[Ola2019]

Good morning, please respond to my previous post. Bless you guys

[MIKE770]

CPR 31.14 Request

[Ola2019]

Thanks for replying, I posted a copy of the CPR request I am about to send in my previous two post, just checking if thats ok before I send it. Thanks

[MIKE770]

OK send recorded and keep copy receiptÂ* Â*many at this stage will not produce - so do not chase them == later in proceedings the court can be asked to order them to supply.Â* Â*BUT in a defence you would state that on xx date a request under CPR31.14 was made and no response received.Â*

for defence send out a day or so before, (on line)Â* before as then they have no time to trash defence

[Amethyst]

hello I have checked the Vodafone online form, is it ok to add my ID when submitting the online form for SAR and can I put this in the additional details space providedÂ*

Copies of bills, start and end date contract, date of last payment and proof of agreement.

Yes that's fine although I'd ask for a copy of the contract and terms as well. Maybe also telephone call transcripts/recordings, screen notes and delivery confirmation ( as that was an issue you had that you'll be raising in defence )

Â*

[Ola2019]

Thank you guys, I will do just that. I dont know how I can explain how much you guys have helped me out, this is really coming in a bad time and I am so lucky to have you people here to help.Â*

[Ola2019]

Good evening guys, I just want to update the house on what I have done so far, I acknowledged the claim form last *week and I have received a letter from the court stating that they have received the online acknowledgement, I managed to also fill out an online request of SAR through Vodafone link & finally I have sent the CPR request by post recorded delivery to the Lowell solicitor for tomorrow. I hope I have followed the steps right and I just can’t thank you guys enough, please let me know if there are anything I should be preparing again towards the next 21days before defence is due.*

[Ola2019]

Good morning guys, please dont forget me on here.

[Ola2019]

Good morning guys, thanks please talk me. Is there any other thing I should do while defence day is counting down? I have only sent CPR letter to Lowell and SAR letter online to Vodafone, but dont know what else I should do now.

[Amethyst]

Hi Ola, We seem to have a little glitch on the forum which has blanked out some of the posts... I'm working on it now.

Good evening guys, I just want to update the house on what I have done so far, I acknowledged the claim form last *week and I have received a letter from the court stating that they have received the online acknowledgement, I managed to also fill out an online request of SAR through Vodafone link & finally I have sent the CPR request by post recorded delivery to the Lowell solicitor for tomorrow. I hope I have followed the steps right and I just can't thank you guys enough, please let me know if there are anything I should be preparing again towards the next 21days before defence is due.*

is the last post I can see from you - sounds like you are completely on track, you've acknowledged the claim, you've sent a SAR and you've sent the CPR request to Lowell.


What date is the defence due? ( add 33 days to the issue date on the original claim form)

All you can do now is wait for the responses and go from there.

[Ola2019]

Thanks I will do that and come back to say when it's due. Thanks so much

[Ola2019]

Hello good morning guys, glad to tell you I received a response from Lowell solicitors last week Thursday, I will like to type out the details of the letter on here and if possible later send a copy of the second letter that followed as it's 3 pages.

[Ola2019]

This matter relates to an agreement with Vodafone, for a mobile number xxxxxxxxxxx, taken out on 1 November 2015, your last payment of £70 was made on 3rd March 2017, as you failed to make further payment on the outstanding balance, the account was suspended.

Please find enclosed the copy of the notice of agreement dated 14 September 2018 confirming that your account was assigned to Lowell portfolio 1 Ltd on 30 August 2018.

Our client have requested a copy of the statement for this account in order to further substantiate your liability, and we are currently awaiting receipt of the same.
As such, there may be a short delay in sending you this but we will send it in due course.

Unfortunately our client, having taken assignment of the material debt, cannot obtain the copy of agreement. Mobile airtime providers often do not retain these because they are not agreement for credit. As such the consumer credit act 1974 does not apply and they do not therefore anticipate having to produce them. However in this case we believe other evidence such as the statement will be sufficient to satisfy the court on the Blanche of probabilities that such agreement existed and that the debt is valid and due. If the matter proceeds to court, our client therefore will now ask the court to make the findings on that basis.

our client is keen to resolve this matter amicably and to avoid further legal action which would incur further costs and fees. Our client, therefore will be willing to consider a reasonable payment proposal. If you wish to put forward a payment offer in order to avoid the matter going to hearing, we ask that you provide details of a reasonable total amount that you can pay, an instalment amount that is affordable and the date you will like payment to commence for our client to consider.

if you are at all unclear please seek independent advise from a solicitor of your choosing.

we look forward to hearing from you.

[Ola2019]

After receiving the letter which I typed above, they now sent me another letter asking if I want mediation, please what should I do in this situation now.