Received a claim form from Lowells/Overdales Ref Capital One, Vodaphone, 3GUK

[Lions Den]

Received a claim? Yes/No: Yes

Issue Date: 27 Apr

Have you Acknowledged the Claim?: Yes 19th May

Total Amount Claimed : £2700

Claimant’s Name: Lowell Portfolio Ltd

Solicitors Firm: Overdales

Original Creditor: 3GUK, Capital One, Vodafone

Original Debt (eg. Credit card/Loan/Overdraft) : 3GUK (Mobile or Broadband, I am unsure which without more details as I've had both numerous times from 3), Capital One Credit Card's, Vodafone (Mobile or Broadband, I am unsure which without more details as I've had both numerous times from Vodafone)

Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts):

1) The claim comprises the following agreements the defendant entered into:

a: Hutchison 3G UK Limited with ref xxxxxxxxxxxxxx and current balance of £60

b: Capital One (Europe) plc with ref xxxxxxxxxxxxxx and a current balance of £1200

c: Capital One (Europe) plc with ref xxxxxxxxxxxxxx and a current balance of £400

d: Vodafone Limited with ref xxxxxxxxxxxxxx and a current balance of £200

The agreements were terminated as payments were not maintained and subsequently assigned to the claimant.

a: The total of said sums being £2000

b: Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, being £450

c: Costs


Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): I believe most if not all are statute barred (The largest portion Capital One almost certainly is as I believe I've not made contact since moving in 2018) I've had 3UK and Vodafone contracts for mobile phones and broadband numerous times over the last 15/20yrs and do not know how recent or old these claims are.

List any letters you have sent (e.g. CCA/ CPR ): none, I've buried my head after trying to sign up a week ago. So I have now just done some research and will send a CCA and a CPR 31.14 tomorrow.

Any Other Information or Background Details: The Capital One debts were from a previous address and I've not spoken to them or acknowledged the debt since moving 2018. 3UK (£60+) and Vodaphone (£200+) I'm unsure on dates as I've had mobile contracts and broadband contracts with both in the last 20yrs.


If you need any more information, please don't hesitate to ask.

Thank you, I'm forever grateful for any help received even as my own worst enemy at times

[echat11]

Hi Lions Den

When you send your CCA request, only send that to Capital One. CCA 1974 doesn't apply to service agreements i.e. telecom etc.
It maybe that the debts are statute barred.

a) First Acknowledge service of the Claim, you can do this online via MCOL, this will give you 28 days (plus 5 days postal) in total to work on your defence. - you've done this

https://legalbeagles.info/library/gu...ledge-a-claim/

b) Send a SAR request to the original creditors, they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

c) Send a CCA request to Lowell, they have 12 days to provide a copy of the agreement. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

d) Send a CPR 31.14 request to Overdales Solicitors, they have 7 days to provide all the documents they are relying on to make the claim against you, again get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

e) This is an example Defence, start looking at it, don't fill or file it with the Court or their solicitors yet.

https://legalbeagles.info/library/gu...-court-claims/

Update the thread as you get information through.

Don't speak to creditors, solicitors etc over the phone, everything in writing. Keep on top of this, especially dates for filing defence etc. Workout when your Defence is due, 28 days from the date on the claim form (5 days postal). If you can post on the thread 5 days before it's due we can help with your Defence.

[Lions Den]

Thank you for the reply ECHAT11, just a quick question regarding the CCA requests. Your opening line mentions sending it to Capital One, yet in part C: you mention sending it to Lowells

Do I send it to Lowell only referencing the Capital One debt or send a CCA to both Capital One and Lowell?
If both, can I put the CCA and SAR to Capital One in the same envelope?

I only have 2 days by my reckoning, so I'm sat doing the letters now

Edit: Im getting confused with the CPR 31.14 and what to input myself as the wording is vague on the POC. They don't specifically mention documents, so I am unsure what to request.
So far I have requested
a: Agreements from each of the reference numbers listed in the POC
b: Last payment dates on each account. As they mention payment's not maintained
c: Assignments as they mention 'Assigned to the claimant'

Is this correct?


To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on30/05/2026.

a. Hutchison 3G UK Limited – Ref: xxxxx – Requested Documents: Agreement, Last payment Date, Notice of Assignment

b. Capital One (Europe) plc - Ref: xxxxx – Requested Documents: Agreement, Last payment Date, Notice of Assignment

c. Capital One (Europe) plc - Ref: xxxxx – Requested Documents: Agreement, Last payment Date, Notice of Assignment

d. Vodafone Limited - Ref: xxxxx – Requested Documents: Agreement, Last payment Date, Notice of Assignment


Or should I just do a blanket request of ALL the documents they rely on with regards to the entire claim?

[echat11]

Thank you for the reply ECHAT11, just a quick question regarding the CCA requests. Your opening line mentions sending it to Capital One, yet in part C: you mention sending it to Lowells

Do I send it to Lowell only referencing the Capital One debt or send a CCA to both Capital One and Lowell?
If both, can I put the CCA and SAR to Capital One in the same envelope?

I only have 2 days by my reckoning, so I'm sat doing the letters now

Edit: Im getting confused with the CPR 31.14 and what to input myself as the wording is vague on the POC. They don't specifically mention documents, so I am unsure what to request.
So far I have requested
a: Agreements from each of the reference numbers listed in the POC
b: Last payment dates on each account. As they mention payment's not maintained
c: Assignments as they mention 'Assigned to the claimant'

Is this correct?


To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on30/05/2026.

a. Hutchison 3G UK Limited – Ref: xxxxx – Requested Documents: Agreement, Last payment Date, Notice of Assignment

b. Capital One (Europe) plc - Ref: xxxxx – Requested Documents: Agreement, Last payment Date, Notice of Assignment

c. Capital One (Europe) plc - Ref: xxxxx – Requested Documents: Agreement, Last payment Date, Notice of Assignment

d. Vodafone Limited - Ref: xxxxx – Requested Documents: Agreement, Last payment Date, Notice of Assignment


Or should I just do a blanket request of ALL the documents they rely on with regards to the entire claim?

So only the agreements you had with Capital One are regulated under the CCA 1974, but Lowell's owns the debt, so sent the CCA request to Lowell's.
Send the SAR to Capital One.

For the Capital One debt as for Agreement, Default Notice, Letter of Assignment and Statement of Account.
For the Hutchinson and Vodafone service agreements, ask for Terms and Conditions, Letter of Assignment and Default Notice.

[Lions Den]

Thank you once again Echat11

Everything was all sent off today with proof of postage obtained from the post office.

SAR to 3UK, Vodafone, Capital One
CCA to Lowells
CPR 31.14 to Overdales

I am not expecting them to reply before I need to file my defence, so have been looking at the 'example' defence you mentioned in part e: above.

Should I go ahead and file before the deadline, just mentioning that I have requested the documents above from the relevant parties?

Have a great day

[echat11]

You could allow their solicitors time to gather and send the requested information or file your Defence with the Court online via MCOL.
Fill in the red bits. Read it several times, amend it if necessary. if your are happy with it then file it with the Court.

In the [Northampton County Court Business Centre]

Claim No: [XXXXX]

[Claimants Name]

Claimant

And

[Defendants Name]

Defendant

DEFENCE

1.The Defendant received the claim [Claim Number] from the [Name of Court – often Northampton or Salford] County Court on [Date you received the claim]

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim appears to be for a Credit Card agreements regulated under the Consumer Credit Act 1974 and telecom service agreements.

4.It is admitted that the Defendant has previously entered into agreement with Capital One, Hutchison 3G UK Limitedand Vodafonefor provision of credit.

5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

6.The Claimant’s Particulars of Claim fail to state when the agreement was entered into.

7.The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years.

8.The Claimants statement of case states that the account was assigned from Capital One, Hutchison 3G UK Limitedand Vodafone but doesn't provide dates of assignment. The Defendant does not recall receiving notice of this assignment.

9.It is denied that Capital One, Hutchison 3G UK Limitedand Vodafone served any Default notices on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notices was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

10.On the [Date] The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Overdales Solicitors. I requested the Claimant provide copies of the Agreements, Default Notices and Notice of Assignments.

11.Overdales Solicitor has not sent any of these documents to the Defendant.

12.On the [Date] The Defendant sent a formal request for a copy of the original agreement to Lowell Portfolio pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

13.The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

14.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

15.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

16.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

17.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed ________________________________

Dated ________________________________