Court Claim - lowell portfolio / vodaphone - 4-9-2017

[Unregistered]

Received a claim? Yes
Issue Date: 4-9-2017
Amount approx: 999
Claimant: lowell portfolio
Solicitor: lowell solicitors
Original Credit: vodaphone

Particulars of Claim:
1. The defendant entered into agreement with vodaphone under account number XXXXX ('the agreement')
2.Defendant failed to maintain required payments and the service was terminated
3. The agreement was later assigned to the claimant on xxxxxx and notice given to the defendant.
4.Despite repeated requests for payment the sum of xxx.xx remains due and outstanding.

Stat Barred? Yes

Have sent:

Other Info:
The debt is not on my credit file, I haven't made any payments in the last 6 years that I remember and I haven't sent any acknowledgements of the debt.

[Kati]

Re: Court Claim - lowell portfolio / vodaphone - 4-9-2017

to LB

Your first steps are linked here ~ http://legalbeagles.info/library/gui...y-court-claim/

Acknowledge the claim (online via MCOL is usually the simplest) with an intent to defend in full - but don't put anything in the defence box just yet.
CPR request sent to Lowell Solicitors (you can ask for things mentioned in the PoC, so the AGREEMENT and NOTICE OF ASSIGNMENT)

You can't send a CCA as this is a mobile phone contract ... you'll then have 33 days from the issue date on the claim form to put in your defence.

K xx

[charitynjw]

Re: Court Claim - lowell portfolio / vodaphone - 4-9-2017

Send a SAR to Vodafone.....you never know what will drop out of the tree when you shake it.
Template at top of this thread.

[Kati]

Re: Court Claim - lowell portfolio / vodaphone - 4-9-2017

Template at top of this thread.

and here too xx
http://legalbeagles.info/library/gui...ccess-request/

[bigty584]

Re: Court Claim - lowell portfolio / vodaphone - 4-9-2017

Hi thanks so much guys. Got those sent off today but dont know how to go about starting my defence, could anyone help me please as from looking at these forums I dont think Vodaphone or Lowell will respond in time for me to defend.

[bigty584]

Re: Court Claim - lowell portfolio / vodaphone - 4-9-2017

Also how long do I have before I have to enter my defence? Any help very much appreciated.

[MIKE770]

Re: Court Claim - lowell portfolio / vodaphone - 4-9-2017

Saturday, 7 October 2017 weekend so Monday 9th by 4 pm

[bigty584]

Re: Court Claim - lowell portfolio / vodaphone - 4-9-2017

Hi Guys. Had a letter from lowell solicitors saying its a telecommunications account not regulated by the CCA1974 so the original creditor is not obliged to provide me with a copy of the agreement or default notice. The original agreement request was sent to lowell portfolio with a cheque for £1 which they have cashed but not send me the docs so I'm puzzled? ( The copy of the request for the agreement was sent to solicitor).

They also said the deed of assignment wouldnt be sent as its a confidential agreement between their client and the creditor and that no other agreement/deed of novation exists between me and their client.

They said a request for a copy of the statement of account has been sent to the original creditor(vodafone) and will be forwarded onto me upon receipt.

They gave the timescale for me to respond but now I am stuck as what to do? How do I give my defence when I'm not sure what the account balance was for, also im sure its older than 8 years old.

Vodaphone were sent a SAR with a cheque for £10 but not heard anything from them as yet.

Can I ask the courts for more time instead of sending in my defence? urgent help needed as I dont have much time left.

[bigty584]

Re: Court Claim - lowell portfolio / vodaphone - 4-9-2017

I know youre probably all very busy guys but i'm getting a bit worried as ive been checking out defence templates and they all state the CCA act as part of the defence. Mine is a telecommunications account allegedly so which act do i include in my defence?

[MIKE770]

Re: Court Claim - lowell portfolio / vodaphone - 4-9-2017

omit the cca bit then adjust to your situation

[bigty584]

Re: Court Claim - lowell portfolio / vodaphone - 4-9-2017

Ok done my defence and had the letter from court saying theyve sent my defence to the claimant. Just had my sar request back from vodafone. A little bit stuck what to do now though as I dont know how to defend this case. The amount is so high because I got charged a termination charge of £765. From the looks of it I sent the phone back to them just before the termination charges but it doesnt say in the notes that I actually cancelled. I moved house just after I sent the phone back and didnt change my address with them because I thought it was done with. This was way back in the beggining of 2012. Any help please?

[Amethyst]

Re: Court Claim - lowell portfolio / vodaphone - 4-9-2017

So the account was terminated in 2012?

Have they supplied a copy of the terms of the account, or full transaction lists at all ?

Do you recall why you returned the handset back to them?

You need to know what the original agreement was to see if the charge for termination was correct.

[bigty584]

Re: Court Claim - lowell portfolio / vodaphone - 4-9-2017

Thanks for your reply.
Yes the account was terminated in may 2012 but from what i can tell on the account notes i sent the phone back in feb 2012, looks like i upgraded 1/2/12 then 5 days later 5/2/12 sent the phone back as faulty (it states in the notes it was a replacement but i think this was a mistake as it only gives the old imei number and no new one like on other times i upgraded/sent phone for repair). Id had this account since 2008 and had upgraded a few times, but had always had trouble paying and was always getting barred.
They havent sent any letters that they'd sent me (no agreement or termination letter) just the account notes and the itemised bills.
I had to ask for the bills as the original SAR request they sent back was just the notes on the system, I have requested for the terms and conditions and the original agreement to be sent but not had a reply as yet.
Thanks for your help. I will go through the terms when they send them through but do you think I could defend on the basis I sent my phone back within 7 days of the upgrade?

Edit as heard back from Vodafone : You have requested a copy of your contract with Vodafone. Please be advised that although Vodafone Limited does retain copies of its customer contracts, they are held in secure storage locations and are not filed or organised in such a way that specific information relating to a particular individual (or a copy of a particular individual's contract) is readily accessible. For this reason customer contracts are not classed as personal data as defined in the Data Protection Act 1998 and have not been provided as part of our response to your request.
If you are seeking information about the terms of your contract, you can find the airtime terms and conditions via the “Terms and Conditions” page on our website: www.vodafone.co.uk. Information about the specific tariff you are on, as well as your contract start and end dates is available by contacting Customer Services. You can contact them by dialling 191 from your Vodafone mobile or via the ‘”Contact Us” page on our website: www.vodafone.co.uk.

You have requested copies of correspondence held in relation to your account. Please note Vodafone does not automatically keep a copy of all correspondence. We use many standard letters to communicate with our customers for example a letter confirming payment by direct debit, or that a bill is overdue. However, we do not attach actual copies of these to the account notes, instead we simply record the fact that a letter was sent and this will appear in the enclosed account notes, where appropriate. We have not been able to locate any non-standard letters held in relation to your account.

I have checked the terms and conditions that they now have (they could have been different at the time of my contract but i'll never know) and even if this was a 24 month contract cancelled the day it opened it still wouldnt have totalled to the £765 termination. Shall I now speak to vodafone and query the amount of charges even though the phone was sent back within 5 days or just leave it and wait for Lowells response to my defence?

[bigty584]

Re: Court Claim - lowell portfolio / vodaphone - 4-9-2017

any help guys?

[charitynjw]

Re: Court Claim - lowell portfolio / vodaphone - 4-9-2017

Did you ask for a copy of the agreement + relevant T&Cs in your request to Lowells? (Not the SAR).

If so & if they haven't sent them, did you put the fact in your filed defence?