Please help! County court letter received.

[scoey1001]

She's replied saying they told her they will sort it all out their end (court etc.) and have given her a receipt number and said they will send her a letter confirming it. I said she needs to ring back and ask for an email asap.

Still begs the question why would they not go to court for the full amount if it was such a formality? is it simply the cost of sending a representative?

[Amethyst]

Because they haven't really evidenced their case ( haven't seen what docs they have provided or their WS though but sounds like they are relying on a couple printouts from Vodafone) and if you got representation in court you might beat them, but of course that is a risk, and whether you could/would be able to get representation/afford it/cost/benefit analysis on a small claim - and on a relatively small sum they'll be quite limited in what costs they could claim back - their witness statement has done it's job in scaring you (well, your partner) into settling.

[jaguarsuk]

She's replied saying they told her they will sort it all out their end (court etc.) and have given her a receipt number and said they will send her a letter confirming it. I said she needs to ring back and ask for an email asap.

Still begs the question why would they not go to court for the full amount if it was such a formality? is it simply the cost of sending a representative?

Say they paid 1p in the pound for that £700 debt, they have just made a £543 profit.

They hadn't sent you an agreement back in the CPR request just two letters sent from Vodafone, who says they had a copy of one?

It's easy money and now they can concentrate on somebody else.

Those are just a few of all the possibilities.

[scoey1001]

Because they haven't really evidenced their case ( haven't seen what docs they have provided or their WS though but sounds like they are relying on a couple printouts from Vodafone) and if you got representation in court you might beat them, but of course that is a risk, and whether you could/would be able to get representation/afford it/cost/benefit analysis on a small claim - and on a relatively small sum they'll be quite limited in what costs they could claim back - their witness statement has done it's job in scaring you (well, your partner) into settling.

That was the thing, we knew they were relying on just these letters/statements of usage etc. and not an actual signed credit agreement plus document showing they bought the debt. But me and my partner would have no idea how to fight it in court. Frustrating but i suppose at the end of the day she did owe the money and hopefully we can just forget about it now.

I will get their witness statement plus evidence sheets tonight and will aim to get the up here tomorrow so everyone can see the info. Thanks again all.

[Amethyst]

Thanks Scoey xxx Let us know once the settlement and discontinuance is all sorted out too pls.

[Diana M]

Totally agree, the latest development of paying on the phone and not having agreed F&F prior leaves them wide open to this being continued to a CCJ.

I just hope they are true to their word and this is the end of it for the OP's sake.

I hope so too.

There was a earlier suggestion that she should contact the court to tell them she's made a payment, but since the payment is less than the disputed sum claimed it's probably better to wait until Lowells serve her with a Notice of Discontinuance first, in case the court consider her payment as an admission (part-admission).

The solicitor would have to file the NOD at court so they should get to hear about it that way.

From what's been said the Hearing is listed in two weeks' time (hence the exchange of WS now) so there's time to get this done properly.

I believe in a belts and braces approach to litigation - always prepare/plan for the worst case scenario.

Di

[jaguarsuk]

I believe in a belts and braces approach to litigation - always prepare for the worst case scenario.

I believe in the same for life in general not just litigation, if prepared for the worst then anything better is a welcome surprise.

[scoey1001]

Morning all, as promised (although a bit late, apologies) please find attached details of the claimants witness statement etc. Due to file size this isn't the whole document but tried to copy the main parts. Basically consists of the following;

Statement
Vodafone bills
Itemised call usage sheets (missing from this document as there were about 50 pages)
Vodafone terms of contract (only first page in this document)
Letter showing sale of debt
Defence template from this forum

Be interesting to hear your observations! Although as mentioned the debt is now paid, still not letter confirming this though....

[jaguarsuk]

The problem with posting here is we know they look at this forum, the may be aware of this thread and therefore the advice given could allow them time to prepare for it, plus have the documents ready to counter it on the day.

[Amethyst]

Thank you Scoey xxx They do seem to have evidence the case from their side, any further argument would have been on the original contract and how that sum built up - which presumably is demonstrated in the pages of transactions lists. So settling was the correct thing to do.

I don't think their pasting the ''template'' is an issue - you'd edited it to suit the case and if they are going to make all their claims the same and not provide documents at pre-action stage, they have to expect to be held to account and have to evidence their claim - and tbh much of the letters and WS's and other documents from the DCA's are bloody formfill templates in any case. So really I don't think it would have any bearing on the case at all ! If they believed the defence was an issue because it was formed off a template, why have they gone to pains to answer each point made ? Interesting to read though, and I like the way they have used my actual post, with all the warnings on it, as their 'evidence' of plagarism lol.

[Amethyst]

I'm sure this is totally original and has never been used before too.

The claimants claim is for the sum of £xxxx being monies due from the defendant to the claiment under a xxxxxxxxxxxxxxxxxxxxxxx agreement between the defendant and xxxxxxxxxxx under account ref xxxxxxxxxxx and assigned to the claimant on xxxxxxxx notice of which has been given to the defendant. The defendant has failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.

Oh look, it has.... plagarism !!! lol. ( It's standard template so if you WERE proceeding I think it'd be nice to add their template claims into the WS in response - what's good for the goose and all that ) ( and look at the TaylorFan claim, they don't even say what it is for ''loans, financial services, overdrafts, " isn't a thing @ BW Legal and Lowell !

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[jaguarsuk]

Thank you Scoey xxx They do seem to have evidence the case from their side, any further argument would have been on the original contract and how that sum built up - which presumably is demonstrated in the pages of transactions lists. So settling was the correct thing to do.

I don't think their pasting the ''template'' is an issue - you'd edited it to suit the case and if they are going to make all their claims the same and not provide documents at pre-action stage, they have to expect to be held to account and have to evidence their claim - and tbh much of the letters and WS's and other documents from the DCA's are bloody formfill templates in any case. So really I don't think it would have any bearing on the case at all ! If they believed the defence was an issue because it was formed off a template, why have they gone to pains to answer each point made ? Interesting to read though, and I like the way they have used my actual post, with all the warnings on it, as their 'evidence' of plagarism lol.

I didn't realise this had been settled in post #114, I should have read back. I think the plagiarism bit is a blatant scare tactic to make the defendant think they'll be in trouble for using a template defence and make them settle. In any event if it held any merit they'd have either filed for strike out of the Defence and Summary Judgement being entered or filed a Reply to Defence.

If it had gone to hearing I'd have started with the letter they have provided as notice of assignment could have been typed up yesterday for all you and the court knows, why isn't it on headed paper? Discredit this first then follow up with their claim of plagiarism being ludicrous as making use of a document provided by a website giving you express permission to use it is actually the total opposite and that it appears they are clutching at straws.

Then move on to the terms being incomplete as the reason they are clutching at straws and ask how can they claim that something is owing under the terms of an agreement if the full terms aren't at the Judge's disposal to determine the rights of each party in that agreement?

Finish by asking that the claim be dismissed as an abuse of process given the claimant didn't have the complete documents to bring this claim in the first place.

[Amethyst]

It's alright in theory Jags, but as a LIP you only need a anti-debtor judge and the other side to show up, you're stuffed.

[jaguarsuk]

It's alright in theory Jags, but as a LIP you only need a anti-debtor judge and the other side to show up, you're stuffed.

Oh I agree and some Judges even seem to be anti LiP at times, but I was just saying what I would have done had it gone to hearing.

[scoey1001]

Hi again,

Just thought i would update to say my partner received a letter of discontinuance from Lowell's solicitors. This stated they have received final settlement and have informed the court of this.

Thanks again everyone!