Overdales County Court claim

[Aadzaadz]

I have just recieved a letter from county court on behalf of overdales and vodafone. Claiming that i owe 1600 plus fees and everything else bringing it up to 1900.

can someone please help i am new to this whole thing what should i do.

[DE DOGS]

Please explain all of the previous letters and lead up to the alleged debt leaving out your details.

[Aadzaadz]

So i was getting letter from lowell first for a couple of months then i got a 30 notice before action from overdales 2 times then i got the court notice.

stating that the balance is 1600 then including interest and fees it comes to 1900 now

[Aadzaadz]

It says i can defend ask for more time to pay if i accept or part accept

[Aadzaadz]

It all started a in 2017 or 2018 i had broadband and phone with vodafone. My uncle passed away leave 4 you g children and his wife. I had to leave the country asap to go and support them. I called vodafone spoke to them and explained my situation they said i would have to pay a early termination fee of £800 i said i dodnt have that kind of money to pay what can ido. The lady said you can send you equipment back to us and maybe sell the phone to help pay the termination i told her i didnt have time for selling and stuff like that it was an emergency. She said thats fine we can reduce the cost of the early termination and you can send the router back which i did. The remaining for the termination was around 400. I didnt know when i was coming back until my father had a strock and was bed bound so i came back and say letter from lowell stating i owed nearly 1600. With all that was going on i ignored them until i got the overdales letters then now i have the county court claim.

[echat11]

a) Fill in the following, copy and paste back onto this thread.

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

b) If you haven't acknowledged the claim, do so online via MCOL, you are denying the whole claim at this time.

c) Send a 31.14 request to Overdales on the claim form, they have 7 days to respond after receipt of letter (keep an eye on that). Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

d) Send a SAR to Vodafone, they have 30 days to provide all the data on the account, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

You need to lodge your Defence with the Court and Vodafone within 28 days (although you have 5 days for postal). Do not forget. Update the thread when you get the requested information.

[Aadzaadz]

Received a claim? Yes
Issue Date: 13 Jan 2023
Have you Acknowledged the Claim?: no
Total Amount Claimed : 1900
Claimant’s Name: lowell Portfolio i LTD
Solicitors Firm: Overdale solicitors
Original Creditor: Vodafone
Original Debt (eg. Credit card/Loan/Overdraft) : 400
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ): broadband and Mobile phone
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): cant Remember it was is 2017-2018 that i last spoke to them
List any letters you have sent (eg: CCA/ CPR ):
i havent sent anything yet dont know what to send and who to send it to
Any Other Information or Background Details:

i had a movile phone and home broadband with them about 5 years ago i had a death in the family and had to leave the country so i called vodafone who told me that there was an early termination fee of 800 the gave a discount fee of 400 and i had to send the equipment back which i did but its so long ago i dont have the post office receipt. The lady on the phone said it was fine and she would see what she can do and call me back. But i didnt get a call back and i left to go and stay with my cousins for a while until. My father here had a strock and i had to come back. Thats when i saw a pile of letter from lowell and then overdales but i ignored them until i got the court letter.

b) If you haven't acknowledged the claim, do so online via MCOL, you are denying the whole claim at this time.

i will do that today

c)

[Aadzaadz]

Which part of the claim form do i use to send the 31.14 request on

[Aadzaadz]

The claim form only has N9A and N9B forms and AOS form which one do i use

[echat11]

Which part of the claim form do i use to send the 31.14 request on

a) Look at the claim form, you haven't filled this in, in your answers above. Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):

b) https://legalbeagles.info/library/gu...-of-documents/

You send the following, the documents you request are a copy of the agreement and Terms and Conditions. (Remember this isn't a consumer credit agreement).

Your name Your address Your postcode

Date

Claimants name Claimants address Claimants postcode

Dear Sirs,

Claim Number: XXXXXX

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

On xx/xx/xxxx 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.

1. Agreement / Contract
2. Default Notice
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

Your Name

[echat11]

I've asked admin to approve post 10. That answers your post 8 / 9.

[EXC]

I've asked admin to approve post 10. That answers your post 8 / 9.

Done.

[Aadzaadz]

Defendant

Particulars of Claim

The claim is for the sum of £xxxxx

due by the Defendant under a

Vodafone

account with an account reference ofxxxxxxxxxx

The Defendant failed to maintain contractual payments required under the terms of the account agreement.

The debt was legally assigned to the claimant on xxxx20, notice of which has been given to the defendant.

The claim includes statutory interest under

S.69 of the County 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 £xxxx

The Claimant claims the sum of xxxxxx


so would i only ask for the agreement only for this on the 31.14 or something else aswell

[Aadzaadz]

Hi Guys

posted off the Sar to vodafone and 31.14 request to overdales. And sent the AOS to the court this morning all signed for record with proof. What are the next steps or is it just a matter of waiting. I was unable to use the online service for the AOS so had to post it.

[echat11]

You've sent requests, you should get responses.
You have to file your Defence within 28 days, so post up with 7 days to go. Then we can help with your Defence.