FrogsLegs - Court Claim - Lowell / Vodafone - 8-2-2016

[FrogsLegs]

Sorry folks, this is my claim, I registered after submitting the claim so it appears to be showing as Unregistered. The form wouldn't allow me to enter the particulars of the claim at the time, but here they are:
1) The defendant entered into an agreement with Vodafone under the account reference xxxxxx ('the Agreement')
2) The defendant failed to maintain the required payments and a default notice was served and not complied with
3) The Agreement was later assigned to the Claimant on 30/08/2013 and notice given to the Defendant
4) Despite repeated requests for payment, the sum of £300 remains due and outstanding.
And the Claimant claims
a) The said sum of £300
b) Interest pursuant to s69 at the rate of 8% per annum from the date of assignment to the date of issue accruing at a daily rate of £0.065, but limited to one year, being £23.57
c) Costs

I have received the claim in the post yesterday and haven't done anything other than try to seek some advice first. I'm not entirely sure what I should do next, I know what the Claim requests I should do, but would just like to make sure I'm doing the right thing first.

Thank you all for any help or wisdom you can offer.


Received a claim? Yes
Issue Date: 8-2-2016
Amount approx: 400
Claimant: Lowell
Solicitor: Lowell Solicitors
Original Credit: Vodafone

Particulars of Claim:


Stat Barred? No

Have sent:

Other Info:
I'm not entirely sure when I last acknowledged / made payment against the debt so really don't know what to do or what to fill out in the Claim Form response pack. I'm hoping some helpful advice might steer me in the right direction.

My original post may contain some more info here:
http://forums.moneysavingexpert.com/...term=09-Feb-16

Thanks

[Kati]

Re: FrogsLegs - Court Claim - Lowell / Vodafone - 8-2-2016

OK ... first things first. You need to acknowledge service of the claim. There's a good explanation of your first steps here - http://legalbeagles.info/forums/show...it-Court-Claim

I'll tag [MENTION=55034]nemesis45[/MENTION] for you too (he'll be able to help ) xx

[Amethyst]

Re: FrogsLegs - Court Claim - Lowell / Vodafone - 8-2-2016

Morning. I've just amended you post so it shows as started by you xx

I'll nip over to MSE and have a mooch at any background

Have a read of this post for the mo - http://www.legalbeagles.info/forums/...it-Court-Claim

[Kati]

Re: FrogsLegs - Court Claim - Lowell / Vodafone - 8-2-2016

[MENTION=81207]FrogsLegs[/MENTION] ... your two posts have been merged to make it easier. (Thanks Ame xx)

[Amethyst]

Re: FrogsLegs - Court Claim - Lowell / Vodafone - 8-2-2016

Ahh you have to love MSe

@vax2002 says on a similar thread:
"They can not claim the solicitors fee.
Advice, pay the company you owe the exact amount you owed.
Keep a copy of everything including any cheques you send.
If they refuse it, the case will be struck out."

pmsl just so wrong, thank goodness for fatbelly.

[Amethyst]

Re: FrogsLegs - Court Claim - Lowell / Vodafone - 8-2-2016

Okay so it's a phone contract with vodafone... and you had issues with the phone not working ? they refused to repair it so you stopped paying and fell out with them. So we probably need to get a bit more detail on that. Also when this happened ?


Ignore the CCA request bit in First Steps - as mobile phone contracts don't fall under the consumer credit act.

You still want to acknowledge the claim with intent to defend in full, you should be okay to do that on moneyclaim online - then send a CPR 31.14 request asking for the Agreement, Default Notice and Notice of Assignment - as they are all mentioned in their statement of case.

[FrogsLegs]

Re: FrogsLegs - Court Claim - Lowell / Vodafone - 8-2-2016

Hi all, thank you for getting me all setup and sorted out!

I've just acknowledged service of the claim, which should now get me 28 days?
@Amethyst, the phone was incredibly slow and useless IMO, they said I would need to send it in for repair which I did. Came back, and was still useless. I called again, they said in order for the contract to be cancelled the phone would need to be sent in for repair at least three times. I gave up after sending it in for a second time and still being told the phone was fine.

Should I use the following template: LegalBeagles 31.14 Request Template? And send that to Lowell Solicitors by recorded delivery? Do I need to include any money for their "reasonable copying costs"?

Again, thank you. I feel like I might just be able to get somewhere with this now!

[charitynjw]

Re: FrogsLegs - Court Claim - Lowell / Vodafone - 8-2-2016

That esmerellda's a feisty one, isn't she?!

:sad:

[FrogsLegs]

Re: FrogsLegs - Court Claim - Lowell / Vodafone - 8-2-2016

[MENTION=5553]charitynjw[/MENTION] Haha, she totally is. Fiesty is what I need against these guys right now!

[Kati]

Re: FrogsLegs - Court Claim - Lowell / Vodafone - 8-2-2016

Should I just google for a CPR 31.14? I assume I should fill that out requesting for the Agreement, Default Notice and Notice of Assignment and send that to Lowell Solicitors by recorded delivery?

There's a template here - http://legalbeagles.info/forums/show...ic-information

you can ask for anything they've mentioned in the Particulars of Claim

1) The defendant entered into an agreement with Vodafone under the account reference xxxxxx ('the Agreement')
2) The defendant failed to maintain the required payments and a default notice was served and not complied with
3) The Agreement was later assigned to the Claimant on 30/08/2013 and notice given to the Defendant
4) Despite repeated requests for payment, the sum of £300 remains due and outstanding.
And the Claimant claims
a) The said sum of £300
b) Interest pursuant to s69 at the rate of 8% per annum from the date of assignment to the date of issue accruing at a daily rate of £0.065, but limited to one year, being £23.57
c) Costs

so ... the agreement, the default notice and the notice of assignment xx

[Amethyst]

Re: FrogsLegs - Court Claim - Lowell / Vodafone - 8-2-2016

Hi all, thank you for getting me all setup and sorted out!

I've just acknowledged service of the claim, which should now get me 28 days?
@Amethyst, the phone was incredibly slow and useless IMO, they said I would need to send it in for repair which I did. Came back, and was still useless. I called again, they said in order for the contract to be cancelled the phone would need to be sent in for repair at least three times. I gave up after sending it in for a second time and still being told the phone was fine.

Should I use the following template: LegalBeagles 31.14 Request Template? And send that to Lowell Solicitors by recorded delivery? Do I need to include any money for their "reasonable copying costs"?

Again, thank you. I feel like I might just be able to get somewhere with this now!

No money needed with the request - they never ask you for it but it's polite to offer. ( watch them send you a bill for 50p now lol )

Ref the phone issues, we may well be able to use that as a breach of contract and sales of goods/services etc act ( depending when you took out the contract).... but that's for later.

Timescales - now you have acknowledged you have 33 days from the date of issue ( so if that was the 8th then you have to defend by the 12 March 2016 - so that's a Saturday so needs to be in by the 11th really )

[FrogsLegs]

Re: FrogsLegs - Court Claim - Lowell / Vodafone - 8-2-2016

Thank you [MENTION=49370]Kati[/MENTION], call me paranoid, but should I sign this 31.14 request? I don't recall ever signing a contract with Vodafone and I'm worried about what these clowns might do with my signature once they have it.

[Kati]

Re: FrogsLegs - Court Claim - Lowell / Vodafone - 8-2-2016

Thank you @Kati, call me paranoid, but should I sign this 31.14 request? I don't recall ever signing a contract with Vodafone and I'm worried about what these clowns might do with my signature once they have it.

understandable ... there is a lot of c**p on the internet about signature lifting :sad:. You can sign the request without worrying

If you prefer, you could use an anti tamper strip

[FrogsLegs]

Re: FrogsLegs - Court Claim - Lowell / Vodafone - 8-2-2016

[MENTION=49370]Kati[/MENTION], you're awesome! I'm not usually paranoid or worried, but I really want to try and defend this claim and do everything properly.

just to confirm do I send the 31.14 to the Claimant (Lowell Portfolio) or their Solicitors (Lowell Solicitors)? Once sent is there anything else I should be doing in the meantime?

Thank you all for the advice!

[FrogsLegs]

Re: FrogsLegs - Court Claim - Lowell / Vodafone - 8-2-2016

Just one other thing on the 31.14 request, is there any guidance on the date I should put for:

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 on 1^st March 2016.
I suppose putting the 11th of March (the last day I have) is not a great idea?