** Settled at Mediation ** Lowell v ColynB

[ColynB]

Received a claim 2/1/19
Issue Date: 31/12/19
Amount approx: 1.831.96
Claimant: Lowell Portfolio
Solicitor Lowell solicitors ltd
Original Creditor: Vodafone
Particulars of Claim:
1, the defendant entered into an agreement with Vodafone under the account reference XXXXXXXX (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 27/11/2015 and notice given to the defendant
4, despite repeated requests for payment the sum of £1.831.96 remains due and outstanding.
a, The said sum of £1.831.96
b, the interest pursuant to s69 county courts etc

Is the debt Statute Barred? Not aware as I dispose the contract
List any letters you have sent:
On the 7th January 2019 I sent both Lowell and Lowell solictores request for a CPR and a CCA which was sent recorded signed for delivery and both included a £1 postal order that stated it’s for Statuary rights only.

[ColynB]

So like many other stories I’ve read on here I’ve been given a county court judgement by Lowell and Northampton crown court.

i have read through these blogs a million times to prepare me for my deference.

so basically Lowell are saying I owe £1.831.96 to Vodafone which genuinely I have no idea for what as I’m currently still with Vodafone and by balance and account are all up to date and currently just finished a contract which shows settled on my credit report.

im 33 back at home at the moment saving for a mortgage and getting a ccj will destroy my dream.
So I’m kindly asking for any help on here

[ColynB]

Letter was received on the 2nd December I logged on to moneyclaim on the 7th To sumit my AOS AND THAT I INDEED to dispute the full case.

i have currently sent a CCR AND a CCA request to both Lowell and the Lowell solictors with both a £1 postal order marked for statuary use only.

Now Oe this is the part where it gets murky for me as I’ve read so many different time scales and what to do when they send the “don’t need to” letter.

[ColynB]

Also not once have I had communication with Lowell apart from me registering on moneyclaim to confirm AOS

[Amethyst]

Have you actually got a judgment against you or have you received a court claim form? From the dates you have given it seems you have received a claim form.

The issue date was New Years Eve ( which is nice of them ) Issue Date: 31/12/19 - so you need to get it acknowledged today if you haven't already. You have sent a CPR and a CCA request to Lowell already so that's a good start,

I'd also contact Vodafone and ask them what it is and why this is the first you have heard of it. If they can't/won't tell you get a Subject Access Request Letter off to them today, but try speaking to them first. For the amount to be so high it must have been either a device included or a contract that was terminated early.

Either way you should also write separately to Lowell to tell them that the account is in dispute with Vodafone, that you do not recognise it at all and that you are currently in an agreement with Vodafone and nothing shows on your credit file at all. It may be worth calling Lowell actually as it might be a simple case of mis identifying you as the debtor from the limited details sent over from Vodafone when they were assigned the debt.

[ColynB]

hi Amethyst

firstly thabk tou for taking the time to reply it is much appreciated.

ive just been on the phone to Vodafone and after speaking to multiply advisors (lack off communication) they show my lasteat account with Vodafone which is settled and actually by surprise in credit which I didn’t know. And ask two advisors about any other accounts that I may have held or hold and nothing showing apart from my current plan which is all up to date.

but thinking this over a few years ago I did then get my partner an iPad for Christmas and I have a sinking feeling that this may be the Vodafone debt. Since I received any letters from Lowell I’ve never once reponsded or a knowledgeable any debt with Lowell or even Vodafone.

[Amethyst]

Would you have purchased the IPad from Vodafone under a credit agreement you think? Can you even buy just a device from Vodafone? ( and I have no idea how much an iPad might cost )

You have sent the CCA and CPR requests and genuinely haven't had mopre info back from them, and Vodafone have said there's no account / bill outstanding - if there was an iPad it'd have shown up at Vodafone - so carry on as if you haven't had that ( possibly wrong ) memory - no point guessing what it is. The claim form is all about a 'service' so it would had to have been linked to a data connection or something... I'd go with the standard defence of 'don't know what it is' 'vodafone have no information' and 'lowell haven't provided any information' -Example Defence

Get a SAR off to Vodafone too - Subject Access Request Letter

[ColynB]

Thanks Again , so I’ll get the letter sent off tomorrow would I need to let Lowell solicitors know, also how long do I have to file my deference.

[Amethyst]

33 days from the issue date so it will be around 2nd Feb at latest xxx

[ColynB]

Perfect I’ll keep you updated in all correspondence I receive from Lowell

[ColynB]

Hi Guys

quick uodate Lowell Solictors today have sent me a Notice if Claim Issue which it dates 7/1/19 yet I got the claim form on the 2/1/19, but issued on the 31/12/18 I’m starting to panic now as I’m in deep above what I can understand despite spending hours reading similar cases on here.

[Amethyst]

Don't worry, Lowell seem to do this - stick with the date on the claim form for your defence date.

Is their letter a bit like this? If not you might get one of these in a week or so, don't panic, they're just keeping the pressure up to try get you to cave and settle.
lowellletter.png

[ColynB]

Hi AMETHYST

so just got home from work to a Letter from Lowell Solictors telling me they don’t have to supply me with the information required (I’ve attached these with my personal info blurred out)

firstly i I cannot remember ever receiving the letter of Vodafone which looks fake to me and there’s errors in the two lines near the top of the page it looks like someone fell asleep on the keyboard.

surely if I’ve read this blog right if I toke out an iPad with data through Vodafone then the account would have been prosecuted under the consumer credit act right.

link to Vodafone T&Cs
https://www.vodafone.co.uk/terms-and-conditions/consumer/mobile/pay-monthly/previous-terms-and-conditions/vodafone-red-hot-contract-before-1-april-2015/index.htm

esoicalky this part: Hire agreement – the hire agreement regulated by the Consumer Credit Act 1974 signed by you and by us, which includes the hire terms and conditions found at Section B and Section C of these conditions.

so so my next question is , what is my next step now.

again can I just take this moment to thank you for helping me out knowing I have someone who understands all this is just a miracle. So Thank you so much

[ColynB]

Good Morning Guys and AMETHYST .

so it’s seems this year is going down the toilet for me over this weekend I lost a family member and still have this issue with Lowell to contend with, so any help as always at this point is much appreciated.

so as of now the only letter I’ve received of Lowell solicitors is that they won’t supply me with the agreement which is not regulated under the CCA. I am of yet still awaiting to hear from Vodafone regarding the CPR agreement. My defence will need to be sent in by the 2nd of feb, just really at this point feel very lost and alone .

[ColynB]

Amethyst