Lowell Portfolio (vodafone) v dingleberry

[dingleberry]

I have received a claim form from the CC business centre from Lowell solicitors acting on behalf of Lowell portfolio, for a debt originally with Vodafone. I did at one point have an account with Vodafone but aren't sure about the legitimacy of this claim. I have followed the advice on the first steps form however it says CCA request doesn't apply to mobile phones so I am unsure what to do. I acknowledged the claim online on 04/10/17


Received a claim? Yes/No: YES

Issue Date: 28 SEP 2017

Have you Acknowledged the Claim?: Yes

Total Amount Claimed: 712.22

Claimant’s Name: Lowell Portfolio I Ltd

Solicitors Firm: lowell solicitors limited

Original Creditor: vodafone

Original Debt (eg. Credit card/Loan/Overdraft) : mobile phone contract (?) presumed

Particulars of Claim: Please type out in full excluding names/account numbers:
1) the defendant entered into an agreement with Vodafone under the account reference ********* ('the Agreement)
2)The Defendant failed to maintain the required payments and the service was terminated.
3)the agreement was later assigned to the claimant on 28/03/2013 and notice given to the defendant
4)despite repeated requests for payment the sum of £539.09 remains due and outstanding
And the Claimant claims
a)the said sum of £539.09
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, accruing at a daily rate of £0.118, but limited to one year, being £43.13
c) costs

Is the debt Statute Barred: No

List any letters you have sent (eg: CCA/ CPR ) None yet, hoping for clarification on what to send

Any Other Information or Background Details: The only thing I can think of this being is a phone contract which was put on hold due to going away with the Army, this was advised by the Vodafone shop advisor to be done by sending a letter proving I was going away on the operation to Vodafone ( sadly I don't have a copy myself) but they didn't actually pause the contract as I found out when I came home to a notice that the contract was terminated. As far as I'm aware this was the last I had heard of it. Even if this bill is for the amount unpaid for the approx 3-4 months I was away it shouldn't be anywhere near the claimed sum (being approx £30 per month)

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Sorry I missed out Thanks in advance and I appreciate any advice!

[jaguarsuk]

Re: Lowell Portfolio (vodafone) v dingleberry

Hi and Welcome

Follow this guide to work your way through with the process to form your defence, unless the mobile contract was split between an airtime agreement and separate finance agreement for the handset there won't have been a CCA. Crack on with a CPR 31.14 request to the solicitors asking for the original Agreement and the Notice/Deed of Assignment.

Something else you can do is a Subject Access to information request to Vodafone under the Data Protection Act 1998 and you can ask for everything they hold on you including letters, statements and notices. They have 40 days to comply, so it's unlikely you'll get it back before the deadline to send in your defence. However, it may turn up something useful for the next phase of proceedings.

All you do is write them a letter and send a cheque/postal order with “DPA 1998 Stat Fee Payment ONLY” written somewhere on it. If you can do it today that's probably best and here is a guide which includes a template letter.

[dingleberry]

Re: Lowell Portfolio (vodafone) v dingleberry

Hi, so they've replied with the breakdown for the bill etc including a cancellation fee. Is that it then I just have to pay it?

[Amethyst]

Re: Lowell Portfolio (vodafone) v dingleberry

Does it look correct ? How much is the cancellation fee ?

Was that a response from your SAR to vodafone ?

this stuff is important... VVVV

The only thing I can think of this being is a phone contract which was put on hold due to going away with the Army, this was advised by the Vodafone shop advisor to be done by sending a letter proving I was going away on the operation to Vodafone ( sadly I don't have a copy myself) but they didn't actually pause the contract as I found out when I came home to a notice that the contract was terminated. As far as I'm aware this was the last I had heard of it. Even if this bill is for the amount unpaid for the approx 3-4 months I was away it shouldn't be anywhere near the claimed sum (being approx £30 per month)

Also after you got back from operations did you make any complaint about their cock up?