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

[lobo]

They actually put a 0 in that box. Surely that was a typo

[jaguarsuk]

They actually put a 0 in that box. Surely that was a typo

Nope, means they aren't turning up.

If they don't send the documentation required then you won't need a solicitor as you'll just go in and point out they have offered no evidence, then ask the judge to dismiss the claim.

[lobo]

I have received the notice of allocation to the small claims track (Hearing). The date has been set for the 21st December. We are encouraged to resolve before the hearing. Is there anything that I need to do? Also the claimant must pay the court fee of £170 by the 21st November is this where it might end as I have still not received any of the info requested under CPR 31.14.

[jaguarsuk]

I have received the notice of allocation to the small claims track (Hearing). The date has been set for the 21st December. We are encouraged to resolve before the hearing. Is there anything that I need to do? Also the claimant must pay the court fee of £170 by the 21st November is this where it might end as I have still not received any of the info requested under CPR 31.14.

Yes, a lot of claims get discontinued at the fee stage where the claimant can't come up with the good though.

Start to write up a Witness Statements in preparation for sending it to them no later than 4pm on 7th December 2018. You don't want them to pay the fee and then you be in a rush to write it, so better to have it almost ready to go in case they do.

[lobo]

Yes, a lot of claims get discontinued at the fee stage where the claimant can't come up with the good though.

Start to write up a Witness Statements in preparation for sending it to them no later than 4pm on 7th December 2018. You don't want them to pay the fee and then you be in a rush to write it, so better to have it almost ready to go in case they do.

I have put together a draft witness statement in the event that I need one:

IN THE ******** COUNTY COURT
Claim No. ***********

BETWEEN:
Claimant
LOWELL PORTFOLIO I LTD

AND
Defendant
****************

_________________________________

WITNESS STATEMENT OF **************
_________________________________



I ***************, being the Defendant in this case will state as follows;

I make this Witness Statement in support of my defence in the claim.

1. On the 4^th June 2018, I received a claims form from the County Court Business Centre, Northampton, dated 23^rd May for the amount of £2221.84

2. There were no details about when the alleged default occurred, the degree of default or details as to how the sums claimed have accrued.

3. The particulars of claim fail to state when the agreement was entered into.

4. The particulars of claim state that the agreement was assigned to the claimant on 31/08/2017 and notice given to the defendant. I have never received any such notice

5. On 10^th June 2018 I made a formal written request pursuant to CPR 31.14 to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case by post [EXHIBIT A] and also by emaiI [EXHIBIT B].

6. On 15^th June 2018 I received an email response from Lowell Solicitors [EXHIBIT C].

7. On 19^th June 2018 the Claimants solicitors replied by post to my CPR 31.14 request without the requested documents but stating that statements of account would be forwarded [EXHIBIT D].

8. As of the date of this statement I have not received any statements of account or any of the documents to date mentioned in the claimants claim form.

9. The Claimant has mentioned the Agreement and the assignment in its Statement of Case and yet it has provided none of these documents despite my entitlement to inspect these documents.

10. The Claimants pleaded case is that the Defendant entered into an agreement with Vodaphone under account reference ******************. I am uncertain as to which account this refers to. It is accepted that I have had a mobile phone account with Vodaphone in the past however the account number given does not relate to any information I have, therefore it is essential that I have sight of the agreement relied upon by the Claimant to be able to accurately identify to what the claim refers.

Statement of Truth

I, **************, the Defendant, believe the facts stated within this Witness Statement to be true.


Signed: ________________________________

Dated: ________________________________




Do I really need to mention the emails in the statement ?

[ostell]

If you want to show the judge the emails then yes mention them

in (6) say what was in the response. Do not have the judge chasing around looking. Make life easy for them.

[lobo]

I have put together a draft witness statement in the event that I need one:

IN THE ******** COUNTY COURT
Claim No. ***********

BETWEEN:
Claimant
LOWELL PORTFOLIO I LTD

AND
Defendant
****************

_________________________________

WITNESS STATEMENT OF **************
_________________________________



I ***************, being the Defendant in this case will state as follows;

I make this Witness Statement in support of my defence in the claim.

1. On the 4^th June 2018, I received a claims form from the County Court Business Centre, Northampton, dated 23^rd May for the amount of £2221.84

2. There were no details about when the alleged default occurred, the degree of default or details as to how the sums claimed have accrued.

3. The particulars of claim fail to state when the agreement was entered into.

4. The particulars of claim state that the agreement was assigned to the claimant on 31/08/2017 and notice given to the defendant. I have never received any such notice

5. On 10^th June 2018 I made a formal written request pursuant to CPR 31.14 to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case by post [EXHIBIT A] and also by emaiI [EXHIBIT B].

6. On 15^th June 2018 I received an email response from Lowell Solicitors [EXHIBIT C].

7. On 19^th June 2018 the Claimants solicitors replied by post to my CPR 31.14 request without the requested documents but stating that statements of account would be forwarded [EXHIBIT D].

8. As of the date of this statement I have not received any statements of account or any of the documents to date mentioned in the claimants claim form.

9. The Claimant has mentioned the Agreement and the assignment in its Statement of Case and yet it has provided none of these documents despite my entitlement to inspect these documents.

10. The Claimants pleaded case is that the Defendant entered into an agreement with Vodaphone under account reference ******************. I am uncertain as to which account this refers to. It is accepted that I have had a mobile phone account with Vodaphone in the past however the account number given does not relate to any information I have, therefore it is essential that I have sight of the agreement relied upon by the Claimant to be able to accurately identify to what the claim refers.

Statement of Truth

I, **************, the Defendant, believe the facts stated within this Witness Statement to be true.


Signed: ________________________________

Dated: ________________________________




Do I really need to mention the emails in the statement ?

Thank you all for your help. In (10) I have referred to an account with Vodaphone in the past. Is it worth mentioning this in the statement?

[lobo]

I have received some great news today, namely a notice of discontinuance from Lowell Solicitors regarding their CC claim. I have to say that I couldn't have achieved this without the help and support from the guys and girls from Legal Beagles, in particular JAGUARSUK. The guidance provided through the process was truly awesome. The replies to my posts were almost instantaneous replies You have helped me and my family through an extremely stressful six months where over £2000 was demanded that I had no idea about.
I urge anyone else reading this who is in a similar position to follow the advice offered in this amazing forum and you won't go wrong. I am going to upgrade my membership and leave a glowing review on Trust Pilot.
Once again thanks for all your help.

[Amethyst]

That's great news xx Just check with court next week that they've received same and then that should be the end of it. Over £2k on a Vodafone mobile phone account was always going to be an uphill battle for Lowell. Well done for standing up to the buggers.

Congratulations lobo and well done jaguarsuk

And I know it's a bit early, but Happy Christmas !!!

[jaguarsuk]

Congrats and you are too kind.

You shiuld receive a further copy of the notice of discontinuance from the court stamped with their seal.

Once you do, scan everything and save it to a cloud storage like one drive plus keep the paper file somewhere safe.

if this ever rears it’s head again (rarely happens) you have your ammo ready to defeat it.

Enjoy Christmas, again congrats.

[Amethyst]

Did anything ever show on your credit file about this bye ?

[lobo]

A merry Christmas to you both.

I will definitely keep the big file of paperwork and will scan and save it all to the cloud.

As for credit files, I have to confess that I never check them as I try not to get in debt other than mortgage and credit card. This has made me realise that I do need to get more savvy regarding this. What is the best way to get access to your credit file?

[Amethyst]

I use the free access services to access the three CRA;s ( Equifax / Experian / Call Credit ) - Free access via Clearscore, MSE Credit Club and Noddle.

You can still send off for your statutory credit reports with each CRA - Equifax for example https://www.equifax.co.uk/Products/c...ry-report.html

I just prefer online instant access that updates monthly ( and in Noddle's case, weekly ).