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Received a claim? Yes/No: Yes
Issue Date: 21/10/21
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : £249.59
Claimant’s Name: Lowell Portfolio I Ltd
Solicitors Firm: Oversales
Original Creditor: Vodafone
Original Debt (eg. Credit card/Loan/Overdraft) : Broadband
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
The claim is for the sum of £XXX.XX
due by the Defendant under a
Vodafone
account with an account reference of
XXXXXXXXX
The Defendant failed to maintain contractual
payments required under the terms of the
account agreement.
The debt was legally assigned to the
claimant on 26-08-20, notice of
which has been given to the defendant.
The claim includes statutory interest under
S.69 of the Count Courts Act 1984 at a rate
of 8% per annum from the date of assignment
to the date of issue of these proceedings in
the sum of £XX.XX
The Claimant claims the sum of £XXX.XX
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Unsure
List any letters you have sent (eg: CCA/ CPR ): See below
Any Other Information or Background Details:
Going back a while I began to receive claims in writing from Overdales Solicitors for an alleged debt but was not particularly clear what it related to and I initially thought it was a scam. Received a few more letters and eventually a "Letter of Claim - 30 days to prevent legal action". I decided it was perhaps not a scam and completed the "Reply Form" disputing the debt on the basis that I was not aware of what it was and requested a copy of the contract relating to the debt and any other information/evidence they have relating to it.
They then wrote back to me and stated that the debt related to a former Vodafone (mobile phone) account and that the debt was "made of an Airtime Debt value of £152.40". They also stated that they have requested a copy of agreement from Vodafone and that they had suspended any activity on the account in the meantime.
About a month later I received another letter stating that "As the above account is a telecommunications account, it is not regulated by the Consumer Credit Act 1974. Therefore the original creditor is not obliged to provide you with a copy of the Agreement or Default Notice." and goes on to say "We have however enclosed a copy of the Statement provided by Vodafone". As it turns out the statement provided had nothing to do with my old mobile phone account or an "Airtime Debt" and was in fact for a Broadband account at my old employer. For no known reason the statement is addressed to me at my old employers address - presumably some kind of admin error as we did have a Broadband account with Vodafone when I worked there (I left at the end of 2018 and the statements begin in August 2019).
The Particulars of Claim state "The Defendant failed to maintain contractual payments required under the terms of the account agreement." which is incorrect as I never paid for or received the Broadband services they have sent statements relating to.
I am not quite sure how to proceed as they have not provided me with a copy of the contract/agreement and as this does not fall within the Consumer Credit Act 1974 I do not know what I am entitled to ask for?
Any help on the best next steps would be greatly appreciated!
Issue Date: 21/10/21
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : £249.59
Claimant’s Name: Lowell Portfolio I Ltd
Solicitors Firm: Oversales
Original Creditor: Vodafone
Original Debt (eg. Credit card/Loan/Overdraft) : Broadband
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
The claim is for the sum of £XXX.XX
due by the Defendant under a
Vodafone
account with an account reference of
XXXXXXXXX
The Defendant failed to maintain contractual
payments required under the terms of the
account agreement.
The debt was legally assigned to the
claimant on 26-08-20, notice of
which has been given to the defendant.
The claim includes statutory interest under
S.69 of the Count Courts Act 1984 at a rate
of 8% per annum from the date of assignment
to the date of issue of these proceedings in
the sum of £XX.XX
The Claimant claims the sum of £XXX.XX
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Unsure
List any letters you have sent (eg: CCA/ CPR ): See below
Any Other Information or Background Details:
Going back a while I began to receive claims in writing from Overdales Solicitors for an alleged debt but was not particularly clear what it related to and I initially thought it was a scam. Received a few more letters and eventually a "Letter of Claim - 30 days to prevent legal action". I decided it was perhaps not a scam and completed the "Reply Form" disputing the debt on the basis that I was not aware of what it was and requested a copy of the contract relating to the debt and any other information/evidence they have relating to it.
They then wrote back to me and stated that the debt related to a former Vodafone (mobile phone) account and that the debt was "made of an Airtime Debt value of £152.40". They also stated that they have requested a copy of agreement from Vodafone and that they had suspended any activity on the account in the meantime.
About a month later I received another letter stating that "As the above account is a telecommunications account, it is not regulated by the Consumer Credit Act 1974. Therefore the original creditor is not obliged to provide you with a copy of the Agreement or Default Notice." and goes on to say "We have however enclosed a copy of the Statement provided by Vodafone". As it turns out the statement provided had nothing to do with my old mobile phone account or an "Airtime Debt" and was in fact for a Broadband account at my old employer. For no known reason the statement is addressed to me at my old employers address - presumably some kind of admin error as we did have a Broadband account with Vodafone when I worked there (I left at the end of 2018 and the statements begin in August 2019).
The Particulars of Claim state "The Defendant failed to maintain contractual payments required under the terms of the account agreement." which is incorrect as I never paid for or received the Broadband services they have sent statements relating to.
I am not quite sure how to proceed as they have not provided me with a copy of the contract/agreement and as this does not fall within the Consumer Credit Act 1974 I do not know what I am entitled to ask for?
Any help on the best next steps would be greatly appreciated!
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