Lowells / Vodafone

[Donel361]

Hi all,

I've received a claim form relating to vodafone account that was assigned to Lowells and has now been passed to Overdale Solicitors to manage. I have sent off the relevant templates asking for a the contract and other things being referred to in the claim details.

[Donel361]

Reply to my letters as follows:

We refer to your recent email. We confirm we are working on behalf of our client Lowell Portfolio I Ltd in relation to Vodafone. As this account is a service agreement there is no requirement to complete and sign a physical agreement document in order to obtain an account of this nature. As you are probably aware, accounts of this type can be obtained by telephone, over the internet and by mail order. The terms and conditions of telecommunications contracts are considered binding upon insertion of the SIM card and the requesting of service that is implicit in doing this, evidenced by phone usage costs, which forms part of the outstanding balance. As a County Court Claim Form was issued to you on xxxxx, at this stage, you are required to respond to the form as you see fit. If you are disputing this matter, please fill in the Defence and Counterclaim section. Please be aware that if there is no response within the next 14 days, a default judgment may be applied for.

Yours sincerely



Overdales

[Donel361]

Hi, does anyone have any ideas on how I should proceed with this. I have logged into moneyclaim online and said I intend to defend in full but in the absence of them giving me anything about the account they claim to now own I don't see what I can say. Surely they have to disclose documents referred to even if it is not a credit agreement.

[MIKE770]

CPR 31.14 Request

[Donel361]

Thanks Mike. I sent them this template and they've basically told me to bog off and file my defence.

[ostell]

Make sure you make sure the court know of the refusal and ask the court for permission to amend your defence when the details are supplied and at cost to the claimant

[Donel361]

Didn't have a clue what I was doing with this as they say it isn't a CCA case. There isn't much on here relating to mobile phone accounts. I've negotiated to pay 35% of their claim. Matter now resolved and court action ended.