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Back in 13th December 2022 I received a Claims form Filed by Overdales Solicitors on behalf of Lowell on behalf of vodafone. On the same day I files an acknowledgment of service and sent this letter to Overdales :
Please send me a copy of the above credit agreement and a full breakdown of the account including any interest or charges added. I understand that under the Consumer Credit Act 1974 (sections 77-79), I am entitled to receive a copy of any credit agreement and a statement of account when I request it. I enclose a payment of Et which is the fee payable under the Consumer Credit Act 1974
understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.
I understand that, under the Consumer Credit Act 1974, creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account.
I look forward to hearing from you, (Yeah, i know, rookie mistake haha),
Ofcourse i got the predicted response - Mobile phone debt, not under CCA and ''if the matter proceeds, we may ask the Court to accept that there was a contract based on other evidence + list of all the ways account of this type could be obtained. ''Copy of your acc Statement has been requested from OC (Vodafone)
My response (march 2023) :
I do not find your response very clear. You have mentioned multiple different ways how I supposedly could have entered this agreement, for there to not have a copy for you to provide. But there still has to be an agreement that I have allegedly entered. You should be able to provide some kind of proof of this agreement and provide me with the terms of this agreement I allegedly agreed to. Provide the method of how I supposedly "signed" this agreement, beyond, these are all the possible methods.
Their response (april 2023) : Vodafone have not been able to provide a copy of statment and bill and ofcourse - not covered under CCA.
Mid July 2023 - letter from court stating : upon reading letter from the Claimant - The actionis stayed pursuant to Part 36 CPR. (!!) No such offer or even anything that would resemble an part 36 was sent to me!
And here we are back in modern times - end of May 2024 - From Overdales : 'CCC was issued dec 2022. Due to a decision to pause activity - claim is currently stayed, proceedings halted.''As you have not responded to the Claim or maintained an agreed payment plan with us, we are considering asking the court to lift the stay'' and apply for ccj. Oh and here are payment options if you wanna settle.
Again - Acknowledgment of service filed same day claim received. As the claim has been stayed : Start Defence function not available. No offers to settle was exchanged until the letter received May 2024. Oh, and the debt would have been statute barred by now.
Please throw something my way!
Please send me a copy of the above credit agreement and a full breakdown of the account including any interest or charges added. I understand that under the Consumer Credit Act 1974 (sections 77-79), I am entitled to receive a copy of any credit agreement and a statement of account when I request it. I enclose a payment of Et which is the fee payable under the Consumer Credit Act 1974
understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.
I understand that, under the Consumer Credit Act 1974, creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account.
I look forward to hearing from you, (Yeah, i know, rookie mistake haha),
Ofcourse i got the predicted response - Mobile phone debt, not under CCA and ''if the matter proceeds, we may ask the Court to accept that there was a contract based on other evidence + list of all the ways account of this type could be obtained. ''Copy of your acc Statement has been requested from OC (Vodafone)
My response (march 2023) :
I do not find your response very clear. You have mentioned multiple different ways how I supposedly could have entered this agreement, for there to not have a copy for you to provide. But there still has to be an agreement that I have allegedly entered. You should be able to provide some kind of proof of this agreement and provide me with the terms of this agreement I allegedly agreed to. Provide the method of how I supposedly "signed" this agreement, beyond, these are all the possible methods.
Their response (april 2023) : Vodafone have not been able to provide a copy of statment and bill and ofcourse - not covered under CCA.
Mid July 2023 - letter from court stating : upon reading letter from the Claimant - The actionis stayed pursuant to Part 36 CPR. (!!) No such offer or even anything that would resemble an part 36 was sent to me!
And here we are back in modern times - end of May 2024 - From Overdales : 'CCC was issued dec 2022. Due to a decision to pause activity - claim is currently stayed, proceedings halted.''As you have not responded to the Claim or maintained an agreed payment plan with us, we are considering asking the court to lift the stay'' and apply for ccj. Oh and here are payment options if you wanna settle.
Again - Acknowledgment of service filed same day claim received. As the claim has been stayed : Start Defence function not available. No offers to settle was exchanged until the letter received May 2024. Oh, and the debt would have been statute barred by now.
Please throw something my way!
