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Received Lowell Claim form

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  • Received Lowell Claim form

    Received a Claim form from Lowell - any help would be appreciated as I'm utterly stressed about this....

    Received a claim? Yes/No: Yes
    Issue Date: 03 December 2019
    Have you Acknowledged the Claim?: No
    Total Amount Claimed : £3000
    Claimant’s Name: Lowellportfolio
    Solicitors Firm: Lowell Solicitors
    Original Creditor: Vodafone and O2
    Original Debt(eg. Credit card/Loan/Overdraft):Vodafone £2000 and O2 £650

    Particulars of Claim:
    1) The Claim comprises the following agreements the defendant entered into:
    a. Vodafone limited with reference xxxxxxx and current balance of £2000
    b. O2 UK Ltd with reference xxxxxxx and current balance of £650
    The agreements were terminated aspayments were not maintained and subsequently assigned to the claimant
    And the Claimant Claims:
    a) The total of the said sums being £2650
    b. Interest pursuant to s69 Count 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 8%per annum
    but limited to one year, being £210
    c. Costs

    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): default was 2015 so not Statute Barred
    List any letters you have sent (eg: CCA/ CPR ): none as of yet.
    Any Other Information or Background Details:
    These call charges were made because of my data being used while I was abroad.
    I called Vodafone in 2015 (I don't know the exact dates) and asked if I could repay using apaymentplan and this was refused and was told I needed topay in full by the customer adviser.
    Did not hear from Vodafone after until it was sold to Lowell.
    I moved around but mypostal address was of myparents and they received default notices for 4 years without further action.
    I do not believe I received apre-action letter.

    From what I can see on the forum that I should acknowledge and defend in full - Which I have done now.
    if for any reason should the defense fall, would there be a chance to negotiated a repayment?

    Does the 28 days include bank holidays?

    Any help would be appreciated.

    Thanks,
    Last edited by manic99; 10th December 2019, 00:03:AM.
    Tags: None

  • #2
    Any help would be appreciated. I'm not sure if I 100% if I have a leg to stand on, which is making me hesitate.*

    Comment


    • #3
      Originally posted by manic99 View Post
      Received a Claim form from Lowell - any help would be appreciated as I'm utterly stressed about this....

      Received a claim? Yes/No: Yes
      Issue Date: 03 December 2019
      Have you Acknowledged the Claim?: No
      Total Amount Claimed : £3000
      Claimant’s Name: Lowellportfolio
      Solicitors Firm: Lowell Solicitors
      Original Creditor: Vodafone and O2
      Original Debt(eg. Credit card/Loan/Overdraft):Vodafone £2000 and O2 £650

      Particulars of Claim:
      1) The Claim comprises the following agreements the defendant entered into:
      a. Vodafone limited with reference xxxxxxx and current balance of £2000
      b. O2 UK Ltd with reference xxxxxxx and current balance of £650
      The agreements were terminated aspayments were not maintained and subsequently assigned to the claimant
      And the Claimant Claims:
      a) The total of the said sums being £2650
      b. Interest pursuant to s69 Count 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 8%per annum
      but limited to one year, being £210
      c. Costs

      Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): default was 2015 so not Statute Barred
      List any letters you have sent (eg: CCA/ CPR ): none as of yet.
      Any Other Information or Background Details:
      These call charges were made because of my data being used while I was abroad.
      I called Vodafone in 2015 (I don't know the exact dates) and asked if I could repay using apaymentplan and this was refused and was told I needed topay in full by the customer adviser.
      Did not hear from Vodafone after until it was sold to Lowell.
      I moved around but mypostal address was of myparents and they received default notices for 4 years without further action.
      I do not believe I received apre-action letter.

      From what I can see on the forum that I should acknowledge and defend in full - Which I have done now.
      if for any reason should the defense fall, would there be a chance to negotiated a repayment?

      Does the 28 days include bank holidays?

      Any help would be appreciated.

      Thanks,
      Morning *

      Okay so the claim was issued 3rd Dec, you have acknowledged with intent to defend, so your defence is due before 4th January.

      There's two separate accounts being claimed for - both mobile phone accounts.

      The Vodafone account - £2k (ouch ) - was this all call charges for overseas use? or is there a device cost in there as well ?

      The O2 account* - any device or just contract charges?


      So you want a SAR to O2 (*https://static-www.o2.co.uk/sites/de...0%281%29.pdf)* and to Vodafone (*https://www.vodafone.co.uk/gdpr-sars-form/index.htm )

      A CPR request to Lowell Solciitors asking for - O2 Agreement/Contract - O2 Final Bill - O2 Notice of Assignment - Vodafone Agreement/Contract - Vodafone Final Bill - Vodafone Notice of Assignment.

      With O2 and VF the devices are usually a part of the contract rather than being on a separate credit agreement, but if you think they may not be but a separate credit agreement for the device then send two CCA requests to Lowell ( one for O2 and one for Vodafone )*
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #4
        Hi,

        I've sent off the SARs for 02 and Vodafone
        I'm in the process of sending the CPR

        The 02 account is device costs and contract charges

        The Vodafone account is device costs, overseas call charges and missed contract charges

        I'm tempted to pay off the 650 for 02 in one go but I don't know if that would go against me should I dispute the Vodafone charges.*

        I'm also concerned should I lose - I'll have to end up paying court charges.

        If they do provide compliant paperwork - would there be an opportunity for me to negotiate something with them?

        Thank

        Comment


        • #5
          I'm sorry to be a pain - just having a bit of a panic because of it.

          Comment


          • #6
            Hi Manic

            You probably don't want to be making an offer at the moment, get your letters sent off and see if they have the back up documents for their claims. If both accounts work out to be valid then you may be able to get a overall full and final settlement at a discount on both of them, otherwise it'd end up being a partial admission on the court claim - which, unless you paid it in full, would result in a CCJ for that part of the debt - even if you go on to successfully defend the other account.

            I'd get the letters requesting the information off and then see what things look like.

            xx





            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment

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            NOTE: If you receive a court claim note these dates in your calendar ...
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            If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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