** Discontinued ** Lowell court claim for mobile phone debt with Vodaphone

[lobo]

If you need help dealing with LOWELL or VODAFONE please make a thread on the forum -> MAKE NEW THREAD

Hi all, my first post on this forum. Reading some of the great advice on the threads threads I am definitely in the right place.

I received a county court claim form from Lowell Portfolio 1 regarding an alleged mobile phone debt with Vodaphone for the sum of £2036.84. with costs added it is 2221.84. This came totally out of the blue. I have no idea where they have got this from. So far after reading advice on this site. I have made an acknowledgement of service online and calculate 33 days from the date of service will be 25th June. I have sent the CPR 31.14 requesting evidence of the particulars of claim on 14 June. I sent by recorded delivery and email. I received an email the next day.

Dear Mr xxxxxxxx

Client Name: Lowell Portfolio I Ltd
Our Reference: xxxxxxxx
Balance: £2,221.84

Thank you for your recent email.

As you are aware, the above balance relates to a former Vodafone account. This agreement was taken out on 17 March 2011 in relation to the mobile number 07771348669.

We have requested Statements of your account from the original creditor, Vodafone. This document will be forwarded to you upon receipt.

As this is a former telecommunications matter it is not regulated by the Consumer Credit Act 1974, the original creditor is therefore not required to retain a copy of the Agreement. Subsequently, we are unable to request a copy of this document. A Default Notice is a technical document that is applied to a Credit Agreement should a customer fail to repay the account. As mobile phones have a Service Agreement and not a Credit Agreement, a Default Notice does not apply and is therefore not issued.

For your information, we confirm that since the original creditor assigned only its benefit and not its burden under its Agreement with you, there was no requirement for your consent, no novation took place and therefore no novation Agreement exists or was required. We would add that our client would not at any time be under any obligation to disclose the Deed of Assignment to you. This is a private record of a contract between our client and the original creditor, the terms of which are commercially sensitive and confidential. No part of its content could in any case provide, support or assist in any Defence you may wish to raise, and you have neither need nor right to be privy to that content.

A County Court Claim form was issued to you on 25 May 2018. We confirm we have received your Acknowledgment of Service. Please ensure you respond to the Claim as you deem appropriate within the give timescales.

Failure to respond to the Claim may result in us applying for a County Court Judgment (CCJ) in Default to be entered against you. This would mean further costs and could make it difficult for you to obtain credit, mortgages or even some employment whilst it remains unsatisfied on your credit file for six years.

If you wish to speak with a member of our team, please telephone us between 8:00am and 8:00pm Monday to Friday or between 8:00am and 2:00pm Saturday on 0113 335 3334.

Yours sincerely,

Lowell Solicitors
Darwin House, 7 Savannah Way, Leeds Valley Park West, Leeds, LS10 1AB


i have as yet not received any of the promised statements of account, instead just receiving a letter yesterday with the usual threats of bailiff's and a "pending county court action".

As time is now of the essence with the defence due to be in by next Monday. What should I do next

[jaguarsuk]

Prepare your defence using the Example Defence and then file it.

[lobo]

Thanks for reply and example. I have put together the following from the example:

1. I received the claim form on 23^rd May 2018 from the Northampton County Court.
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. This claim appears to be for a service agreement with Vodaphone.
4. References to paragraph numbers shall be construed as references to the corresponding paragraphs set out in the Particulars of Claim unless stated as being that numbered paragraph in the Defence.
5. Paragraph 1 is neither admitted or denied and the Defendant has no knowledge with regards to entering into an agreement with Vodaphone.
6. Paragraph 2 is neither admitted or denied.
7. Paragraph 3 is denied, the Defendant does not recall receiving notice of this assignment.
8. Paragraph 4 is denied and the Claimant has yet to establish the Defendant entered into an agreement with Vodaphone or legal assignment to them took place of any balance.
9. On the 13^th June 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, as stated in the particulars of claim, accompanied by the assignment.
10. Lowell solicitors LIMITED refused to comply with the request and have not sent any of these documents to me.
11. The Claimant’s Particulars of Claim fail to state when the agreement was entered into.
12. The Claimants statement of case states that the account was assigned from Vodaphone to Lowell Portfolio I LTD on 31^st August 2017. The Defendant does not recall receiving notice of this assignment.
13. 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.
14. 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.”
15. Therefore, I respectfully request the Claimant be put to the strictest proof to prove the allegation that the money is owed as claimed, thereof to;
    (a) show how the Defendant has entered into an agreement; and
    (b) show how the Defendant has reached the amount claimed for; and
    (c) show how the Claimant has the legal right, either under statute or equity to issue a claim.
16. 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 be struck out.
17. 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.
18. It is denied that the Claimant is entitled to the relief as claimed or at all.

I intend to file this in the next couple of days. Does it look ok?

[jaguarsuk]

I can't assist you with reviewing your defence as I haven't seen the particulars of claim and you reference the paragraphs within it.

[lobo]

I can't assist you with reviewing your defence as I haven't seen the particulars of claim and you reference the paragraphs within it.

Thanks for the reply. The Particulars of Claim are as follows:

1) The Defendant entered into an agreement with Vodaphone under account reference xxxxxxxxx ('the agreement')
2) The Defendant failed to maintain the required payments and the service was terminated.
3) The Agreement was later assigned to the Claimant on 31/08/2017 and notice given to the defendant.
4) Despite repeated requests for payment, the sum of xxxxxxxxx remains due and outstanding.
And the Claimant claims
a) The said sum of xxxxxxxxx
b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0,422 but limited to one year, being xxxxxxx.
c) Costs

The sum that they are claiming is really mind boggling. I would really appreciate any help that I can get.

[jaguarsuk]

Thanks for reply and example. I have put together the following from the example:

1. I received the claim form on 23^rd May 2018 from the Northampton County Court.
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. This claim appears to be for a service agreement with Vodaphone.
4. References to paragraph numbers shall be construed as references to the corresponding paragraphs set out in the Particulars of Claim unless stated as being that numbered paragraph in the Defence.
5. Paragraph 1 is denied, the Defendant has no knowledge with regards to entering into an agreement with Vodafone.
6. Paragraph 2 is denied, he Defendant has no knowledge with regards to entering into an agreement with Vodafone and therefore there was nothing to maintain.
7. Paragraph 3 is denied, the Defendant does not recall receiving notice of this assignment.
8. Paragraph 4 is denied, the Claimant has yet to establish the Defendant entered into an agreement with Vodafone or legal assignment to them took place of any balance.
9. On the 13^th June 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, as stated in the particulars of claim, accompanied by the notice of assignment.
10. Lowell solicitors LIMITED refused to comply with the request and have not sent any of these documents to me.
11. The Claimant’s Particulars of Claim fail to state when the agreement was entered into.
12. The Claimants statement of case states that the account was assigned from Vodafone to Lowell Portfolio I LTD on 31^st August 2017. The Defendant does not recall receiving notice of this assignment.
13. 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.”
14. [I]Therefore, I respectfully request the Claimant be put to the strictest proof to prove the allegation that the money is owed as claimed.
15. 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 be struck out.
16. 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.
17. It is denied that the Claimant is entitled to the relief as claimed or at all.

I intend to file this in the next couple of days. Does it look ok?

Amendments to Paragraphs 5, 6, 9 &15.

Removed 13 as they have refused you the documents.

[lobo]

Amendments to Paragraphs 5, 6, 9 &15.

Removed 13 as they have refused you the documents.

Thanks for that Jaguarsuk. I have submitted the defence. I have received a reply from HM Courts and Tribunals Service acknowledging receipt of the defence. It also states:

"The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.
Where he wishes to proceed, the claimant must contact the court within 28 days of receiving your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay."

I have still not received the documents requested under CPR 31.14. If the claimant were to contact me should I engage with them in the absence of the documents requested.

[jaguarsuk]

If they contact you by phone inform them you only wish to communicate in writing, if by writing post here what they send and we can discuss options of how to proceed.

It's unlikely that they'll contact you in all honesty, that's a standard reply from the court.

[lobo]

Thanks for that Jaguarsuk. I have submitted the defence. I have received a reply from HM Courts and Tribunals Service acknowledging receipt of the defence. It also states:

"The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.
Where he wishes to proceed, the claimant must contact the court within 28 days of receiving your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay."

I have still not received the documents requested under CPR 31.14. If the claimant were to contact me should I engage with them in the absence of the documents requested.

I have this morning received a copy of Lowell's completed Directions questionaire dated 4th July. I have not as yet received one and there is nothing on my MCOL account to indicate so. Should I contact the court or just wait for my DQ,
On the Lowell DQ, they have ticked yes for A1. Ticked yes for C1. Left D1 blank. Ticked no for D2. Put in a 0 for D3. Ticked no for D4.
Will my DQ be put on the MCOL account or should I just download an N180 and complete. Also I have still not received any documents from Lowell requested under CPR 31.14. Would be really grateful for any advice.

[jaguarsuk]

I have this morning received a copy of Lowell's completed Directions questionaire dated 4th July. I have not as yet received one and there is nothing on my MCOL account to indicate so. Should I contact the court or just wait for my DQ,
On the Lowell DQ, they have ticked yes for A1. Ticked yes for C1. Left D1 blank. Ticked no for D2. Put in a 0 for D3. Ticked no for D4.
Will my DQ be put on the MCOL account or should I just download an N180 and complete. Also I have still not received any documents from Lowell requested under CPR 31.14. Would be really grateful for any advice.

You can give the court a ring if you like, but they are sent theirs before you as they are asked having seen your defence if they wish to continue.

You should get an N180 soon and you can complete then print an online version then if you prefer (I do it because my handwriting is rubbish).

[lobo]

Thanks for that I will await the N180

[lobo]

You can give the court a ring if you like, but they are sent theirs before you as they are asked having seen your defence if they wish to continue.

You should get an N180 soon and you can complete then print an online version then if you prefer (I do it because my handwriting is rubbish).

Thanks for all your help so far. I have checked the Money Claim online this morning and it states that Lowell submitted their DQ on 15/07/18 and that I had been sent a DQ on the same date. How long do you get to send the DQ back?

[davenewbergr]

How long do you get to send the DQ back?

Well, it usually gives the deadline on the DQ, or the covering letter....
When you say 'same date', do you mean the Court sent yours on 15 July?

[lobo]

I have received the DQ Pack today.. The deadline states the 1st August. Should I agree to the case being referred to the small claims mediation service as I have still not received the information requested under CPR 31.14. As there is no verification for the amount claimed for I would not really be able to enter into negotiations. Or should I agree and provide a covering letter explaining this. Would I be able to cancel a date in the absence of the documents. I want to appear reasonable without leaving myself open.

[jaguarsuk]

I have received the DQ Pack today.. The deadline states the 1st August. Should I agree to the case being referred to the small claims mediation service as I have still not received the information requested under CPR 31.14. As there is no verification for the amount claimed for I would not really be able to enter into negotiations. Or should I agree and provide a covering letter explaining this. Would I be able to cancel a date in the absence of the documents. I want to appear reasonable without leaving myself open.

The online version of the N180 is here if you want to type as opposed to hand write: https://assets.publishing.service.go...6/n180-eng.pdf

A1 tick yes for mediation, you need to appear to be trying to be reasonable and it is also incumbent upon you to try to settle the claim without need of a hearing.

Mediation takes place by phone and you won't be in a conference call them or their solicitor. It's a one hour appointment where the mediator will ring you to get your views and then ring them to hear theirs, then go back and forth throughout the hour to try to settle it.

One of the questions you will be asked is whether you have all the information you require to understand the claimants claim, so when booking the appointment tell them you don't and have requested it from the claimant, but are confident they'll have it to you before mediation (they won't). The day before mediation when they haven't sent anything you email the Small Claims Mediation Team to cancel the appointment.

Then, you'll send a letter to the solicitors to confirm you have cancelled it due to them failing to comply with their Part 31 obligations as you cannot possibly understand their claim to enter mediation. You confirm that you consider this as unreasonable conduct pursuant to CPR 27.14(g), their conduct is not conducive to the requirement to settle the claim without need of a hearing and their obligation to further the Overriding Objective pursuant to CPR 1.3.

Obviously a copy of the letter will go to the court to advise them why you had to cancel the appointment.

C1 tick yes, you don't want to be in the other tracks with their costs implications.

D1 you should put the name and address of your local court (find here) and "Defendants Home Court persuant to CPR 26.2A(3)."

D2 tick no because there's no expert witnesses.

D3 put 1 if just you or however many you might call to testify plus 1 for you.

At this stage it's all about how you play the game and if you play well it'll keep them thinking about how much they want to chance spending the trial fee.