**discontinued** county court document received have no idea what to do.

[Amethyst]

Rightio, this is exceedingly rough, so you can see howt you can amend the defence to suit your situation. Just as a starting point xxx

DEFENCE

1.I received the claim [Claim Number] from the [Name of Court – often Northampton or Salford] County Court on [Date you received the claim]

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. I believe that this claim is for a purchase of a handset and for a airtime and data services agreement between myself and Vodafone regulated under the Consumer Credit Act 1974.
4. It is denied that any debt is owed to the Claimant, or to Vodafone.

5. The account was opened in February 2011.
6. The original agreement with Vodafone was a fixed price agreement payable over a fixed term of 24 months.

7. In [ date ] Vodafone breached the contract by changing the amount without notice and in breach of the fixed price contract.

8. Following a complaint to Vodafone, I cancelled the contract at this time due to the breach of contract and the handset was returned to the company.

9. I did not hear further from Vodafone until I received a letter from the Claimants on [date]
10. It is denied that any outstanding debt was owed to Vodafone.
11. I contend the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years
12 .The Claimants statement of case states that the account was assigned from Vodafone to Lowell on 31/3/2014. The Defendant does not recall receiving notice of this assignment.
13.It is denied that Vodafone served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.
14.To try and find out more information and obtain a copy of the original agreement and terms, on the [Date] I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to [Claimant’s Solicitor]. I requested the Claimant provide copies of the [Agreement, Default Notice and Notice of Assignment].
15.[Claimant’s Solicitor] has not sent any of these documents to me.
16.On the [Date] I sent a formal request for a copy of the original agreement to [Claimant] pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
17.The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement. The Claimant denies that the Consumer Credit Act s 78 applies to the agreement, however as I purchased a Device on credit terms payable monthly over 24 months, I believe it to be a regulated agreement.

18. In addition, on [date] I have sent a Subject Access Request to Vodafone to try and obtain a copy of the original contract/s and terms thereof. I have not yet had a response.

19. My case is that the contract/agreement was cancelled due to a breach of contract on the part of Vodafone and no debt was owed to the company or any subsequent assignee. The contract and terms of the agreement is central to the defence and disclosure of these documents is required.
20. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.
18.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
19.I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
20.In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
21.It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth

[whu]

Amethyst Thats brilliant thank you so much do i just amend what does not apply as i have no proof of postage when i returned the handset i was not going to include it in my defence as an example? also you say exceedingly rough but i am struggling to see how i could polish it up lol would this slightly amended be acceptable? also i have been told by vodafone that they do not have a copy of the original agreement so i or lowell cannot have it does this alter anything?
also about this part should i be asking for an extension?
20. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.

[Amethyst]

If you sent the cpr template letter you asked for an extension have a read xxxx

yes slightly amended is fine. Lol. So long as facts are right. Include that you returned the handset if that is the case. Your statement of truth is enough and it’s unlikely Lowell would know one way or other - your defence is basically showing Lowell that this is an actual defence and contract issue that is going to need work ( and cost) to sort out - rather than just a case where they can ‘discover’ an agreement and be home free xxxx

[whu]

Amethyst Thank you for taking the time to help i very much appreciate it! It appears vodafone do not have the original agreement but i guess time will tell because i am a complete novice after i submit my defence what generally happens? and should i go forward and submit it now or wait until the day before it is due? many thanks whu

[Amethyst]

Whenever you’re ready will be fine xxx Moneyclaim online is a bit glitchy so you might need to do it via email or on paper so useful to have a couple days leaway.

[MIKE770]

Whenever you’re ready will be fine xxx Moneyclaim online is a bit glitchy so you might need to do it via email or on paper so useful to have a couple days leaway.

ccbcdefendants@hmcts.gsi.gov.uk

[Diana M]

Hi whu,

That is strange.

I'll send you a PM in a moment with an alternative way of contacting me.

Kind regards,

Lee

Vodafone Social Media

^ ^ ^ Have you managed to make contact with Lee?

Di

[Amethyst]

Amethyst ,lee was helpful with some details and dates but as far as vodafone are concerned its not there problem was the vibe i got

Yes.

[whu]

Diana M Hi Diana i did have a conversation with lee but as the debt had been sold on there wasn't anything really they could do.

[Diana M]

lee was helpful with some details and dates but as far as vodafone are concerned its not there problem

What details and what dates did Lee produce?

Did he provide anything which backs up your case and if so was it in an email/PM which could be useful if/when you reach the Witness Statement stage?

Did he confirm that VF doesn’t have a copy of your agreement/contract (which is specifically mentioned in the POC) because that might be helpful. Sometimes the absence of evidence works in your favour. If VF haven’t got it then Lowells can’t get it either. How will they prove their claim without it?

You say the agreement was a fixed price contract. You say they broke that contract (increased the price). They say you broke the contract (stopped paying). I would think that contract is pivotal to these proceedings.

I suppose strictly speaking it isn’t Vodafone’s legal problem now but that doesn’t mean they can escape DPA matters. You’ve sent a SAR so they have to comply with your request.

You need the information they have on file. If they don’t have it then you need to know that too. And so does the DJ.

Di

[whu]

Diana M Good afternoon Diana, lee and vodafone have confirmed to me that they do not have the original agreement and would not be able to produce it for either myself or lowell,i have no experience of a court claim before so i don't really know if this will affect anything ? vodafone have also told me my last payment was around sept/oct 2013 so it wouldn't be statute barred and that the original contract was taken out at the carphone warehouse who due to my specific circumstances at the time told me that vodafone was the only company i could take out a fixed contract with i do remember that this was discussed in detail with carphone warehouse at the time but after doing some research it seems that telling customers the contract was fixed when it wasn't was a very common occurrence.
whu

[Diana M]

Diana M Good afternoon Diana, lee and vodafone have confirmed to me that they do not have the original agreement and would not be able to produce it for either myself or lowell,i have no experience of a court claim before so i don't really know if this will affect anything ?

Do you have that in writing (email is okay) so you can produce it as an exhibit/evidence with your Witness Statement?

That's why I asked the question.

Di

[whu]

Diana M Hi Diana i dont have this in writing but have emailed lee to ask why they can't supply it.
whu

[whu]

Amethyst Diana M This is my defence i intend to add to the case could you please tell me if there is anything i have missed or done wrong and also is this the correct way to format it when adding to the online claim? do i have to send it physically any help appreciated also do i need to add a statement of truth to the bottom of this on the online claim form.

1.I received the claim ********* from the county court business
centre Northampton on 12/01/2018

2.Each and every allegation in the Claimants statement of case is
denied unless specifically admitted in this Defence.

3.I believe that this claim is for a purchase of a handset and for
an airtime and data services agreement between myself and Vodafone
regulated under the Consumer Credit Act 1974.

4.It is denied that any debt is owed to the Claimant, or to
Vodafone.

5.The account was opened in February 2011.

6.The original agreement with Vodafone was a fixed price agreement
payable over a fixed term of 24 months.

7.on 12/11/2012 Vodafone breached the contract by changing the
amount without notice and in breach of the fixed price contract.

8.Following a complaint to Vodafone, I cancelled the contract at
this time due to the breach of contract and the handset was
returned to the company.

9.I did not hear further from Vodafone until I received a letter
from the Claimants on 1/12/2017.

10.It is denied that any outstanding debt was owed to Vodafone.

11.The Claimants statement of case states that the account was
assigned from Vodafone to Lowell on 31/3/2014. The Defendant does
not recall receiving notice of this assignment.

12.It is denied that Vodafone served any Default notice on the
Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant
is required to prove that a compliant Default Notice was served
upon the Defendant. The Claimant is required to prove that the any
Default notice relied upon complied with the requirements of
s88(4A) Consumer Credit Act 1974 and that the notice was in the
prescribed form as required by The Consumer Credit Enforcement
Default and Termination Notice Regulations 1983.

13.To try and find out more information and obtain a copy of the
original agreement and terms, on the 15/01/2018 I sent a request
for inspection of documents mentioned in the claimant’s statement
of case under Civil Procedure Rule 31.14 to lowell solicitors
limited. I requested the Claimant provide copies of the
[Agreement, Default Notice and Notice of Assignment].

14.lowell solicitors limited has not sent any of these documents
to me.

15.On the 15/01/2018 I sent a formal request for a copy of the
original agreement to lowell portfolio i ltd pursuant to section
78 of the Consumer Credit Act 1974 along with the statutory £1
fee.

16.The Claimant has failed to comply with s 78 (1) Consumer Credit
Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot
enforce the agreement. The Claimant denies that the Consumer
Credit Act s 78 applies to the agreement, however as I purchased a
Device on credit terms payable monthly over 24 months, I believe
it to be a regulated agreement.

17. In addition, on 15/01/2018 I have sent a Subject Access
Request to Vodafone to try and obtain a copy of the original
contract/s and terms thereof. I have not yet had a response.

18. My case is that the contract/agreement was cancelled due to a
breach of contract on the part of Vodafone and no debt was owed to
the company or any subsequent assignee. The contract of this
agreement is central to the defence and disclosure of these
documents is required.

19. I have asked the Claimant if we may agree to extend the time
period allowed for filing of my defence pending receipt of
documents (as allowed under CPR 15.5), but they have declined.

20.Under Civil Procedure Rule 16.5 (4) Where the claim includes a
money claim, a defendant shall be taken to require that any
allegation relating to the amount of money claimed be proved
unless he expressly admits the allegation. Therefore, it is
expected that the Claimant be required to prove the allegation
that the money is owed as claimed.

21.I request the court orders the Claimants to provide the
necessary documentation in order for me to fully plead my case
else the Claim should stand struck out.

22.In the event that the relevant documents are received from the
Claimants I will then be in a position to amend my defence, and
would ask that the Claimants bear the costs of the amendment.
23.It is denied that the Claimant is entitled to the relief as
claimed or at all.

[Amethyst]

The online defence adds a statement of truth tick box for you so you don’t need to add it in the text too.

Para 13 remove the square brackets

good job you will have opportunity to expand later in witness statements regarding the purchase process via car phone warehouse ( should the agreement come to light later ) I think you have all the bits in there that you need