court claim from mortimer clarke / vodafone

[seduraed]

I've just had a court claim from mortimer clarke regarding an old vodafone account . From small claims mcol in Northampton.
The claim details are as follows: By an agreement between vodafone ltd ("VDF") and the defendant dated 05/03/2008 VDF agreed to issue the defendant with credit relating to mobile telephone upon the terms & conditions set out therein . In breah of the the agreement the defendant failed to make the minimum payments and the agreement was terminated . The agreement was assigned to the claimant on 01/06/2011. The claimant has complied sections III & IV of Pratice direction- Pre- - Action. Conduct
The Claimant therefore claims £XXXX (less than £1000).

I've not had a letter headed "Letter before Action" i am willing to offer payment to avoid ccj but what should my next step be?

[Johnboy007]

Re: court claim from mortimer clarke / vodafone

Hi,
Just be patient, someone with this knowledge will answer you

[Amethyst]

Re: court claim from mortimer clarke / vodafone

Hiya seduraed xx

A LBA doesn't need to be headed as such but should contain a clear indication of their intention to bring court action.

If you want to avoid a CCJ then you'd either need to negotiate for installment payments directly with the claimant and fix them under a Tomlin/Consent order, or pay the debt in full (or negotiate a full and final settlement with them in return for discontinuing or under a tomlin order). It isn't a particuarly old contract. Were there any issues with the debt ?

Thanks for the nudge Johnboy xx

Sharon
xxxx

[Johnboy007]

Re: court claim from mortimer clarke / vodafone

Hiya seduraed xx

A LBA doesn't need to be headed as such but should contain a clear indication of their intention to bring court action.

If you want to avoid a CCJ then you'd either need to negotiate for installment payments directly with the claimant and fix them under a Tomlin/Consent order, or pay the debt in full (or negotiate a full and final settlement with them in return for discontinuing or under a tomlin order). It isn't a particuarly old contract. Were there any issues with the debt ?

Thanks for the nudge Johnboy xx

Sharon
xxxx

How did I nudge you Boss Lady?
Also, what is a Tomlin/Consent order?
Thanks........
xxx

[seduraed]

Re: court claim from mortimer clarke / vodafone

How do i go about this please . Do I file an admission of debt or act to defend or simply acknowledge service. Also how do I bind the creditor to the Tomlin order.
I haven't seen the statements of account or the signed credit agreement yet.

[Amethyst]

Re: court claim from mortimer clarke / vodafone

A Tomlin/Consent order is basically an agreement between the parties in a case to do something and the court claim is put on hold and could be restarted if either party breaks the terms of the agreement made. It's lodged with the court.

So basically you agree to pay £50 a month for 12 months with the case on hold in the courts, if you miss a payment then the other party can apply to court for judgment to enable it to enforce the debt.

For example;

[Amethyst]

Re: court claim from mortimer clarke / vodafone

How do i go about this please . Do I file an admission of debt or act to defend or simply acknowledge service. Also how do I bind the creditor to the Tomlin order.
I haven't seen the statements of account or the signed credit agreement yet.

So if you have a dispute over the amount claimed you could ask them to give you the information under CPR 31.14.
Acknowledge the claim with intend to defend in full, then write to the Claimant and ask them for copies of statements to show how the account amount has been arrived at, a copy of the agreement, terms and conditions, termination and notice of assignment - as per http://www.legalbeagles.info/forums/...ic-information (in other words ask for copies of the documents they intend to rely on in the case as mentioned in their statement of case - below; )

By an agreement between vodafone ltd ("VDF") and the defendant dated 05/03/2008 VDF agreed to issue the defendant with credit relating to mobile telephone upon the terms & conditions set out therein . In breah of the the agreement the defendant failed to make the minimum payments and the agreement was terminated . The agreement was assigned to the claimant on 01/06/2011. The claimant has complied sections III & IV of Pratice direction- Pre- - Action. Conduct
The Claimant therefore claims £XXXX (less than £1000).

As the claim is for a mobile phone contract the CCA request isn't applicable, however they should supply you with information to enable you to check the debt is all correct and owed and the claimants have the rights to claim payment from you. Not supplying the signed agreement wouldnt thus be a barr to enforcement, however if you deny having an agreement with Vodafone they should supply it...but civil court the statements may be enough to show the account and debt existed.


If you don't have a dispute over the amount and just want to get it sorted out and paid without a CCJ then you'd need to contact the claimants and negotiate an arrangement with them on condition the claim is held or withdrawn.

If you'd rather have the CCJ and have payments set by the court then you would enter an admission and offer to pay with your IE sheet via the MCOL service.

[Vodafone Company Rep]

Re: court claim from mortimer clarke / vodafone

Hi seduraed,

If you'd like any help from me, email me with your details via the Contact us form here and quote the code WRT135 - FAO Lee in the subject line.

Once sent, you'll receive an automated reply with a reference number. Post back with this and I’ll check I've received it.

Kind regards,

Lee

Social Media Comms

Vodafone UK

[seduraed]

Re: court claim from mortimer clarke / vodafone

I think it might just be hitting SB so would like to see if that is the case is it worth speaking to vodafone of bete to speak to the solicitors ?

[Amethyst]

Re: court claim from mortimer clarke / vodafone

How long did you keep up payments for on the contract - as the contract seems to have been taken on 05/03/2008 you'd have to have defaulted within a couple months really for it to be stat barred anytime soon.

[Vodafone Company Rep]

Re: court claim from mortimer clarke / vodafone

Hi seduraed,

If you'd like me to check the account, email me via the contact details provided in post eight above.

Kind regards,

Lee

Social Media Comms

Vodafone UK

[seduraed]

Re: court claim from mortimer clarke / vodafone

i'VE COBBLED THIS TOGETHER FOR MY DEFENCE
1. The Claimants statement of case fails to adequately set out the nature of the Claim.

2. The Defendant avers that the Claimants pleadings are an abuse of process. The Claimants pleadings are lacking detail, there are no details as to what the debt relates excepting that the original debt is alleged to be owed under an agreement between the Defendant and Vodafone

3. Despite requests for information from the Defendant, the Claimant has not provided any details as to how the sums claimed have accrued.

4. There is no reference number for the account nor phone number provided allowing the defendant to check THEIR own records


5. The particulars of claim state that the account was assigned from VODAFONE to CABOT FINANCIAL on 01/06/2011. The Defendant has not received any notification of this assignment

6. The Claimant is required to prove that a compliant Default Notice pursuant to s87 Consumer Credit Act 1974 was served upon the Defendant.

7: On 20/07/2014 the Defendant wrote to the Claimants requesting inspection of documents disclosed in its statement of case under CPR 31.14 - being the agreement, terms, assignment and default notice.

8: The claimants have failed to supply these documents

9: Had the claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. The Defendant is entitled to see the documents on which the Claimant relies and which they will have to produce at trial. Inspection of disclosed documents at this stage will enable the Defendant to fully plead the case and further the Overriding Objective.

10. The Claimant has failed to disclose any documents relating to their claim to the Defendant.

11. The Claimants have also failed to comply with a reasonable request for inspection of documents made under CPR 31.14.

13. The Defendant admits having held credit accounts with vODAFONE historically however is unaware of any debt owing. The Defendant is unable to identify to which account the claim refers to as he does not recognise the account number given in the claim.

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. Should the Claimant evidence their claim properly the Defendant reserves the right to plead further.

Statement of Truth
The Defendant believes that the facts stated in this Defence are true.

Signed


Dated

[Amethyst]

Re: court claim from mortimer clarke / vodafone

Para 4 and Para 13 - just need to check whether the claim did include an account number or not and amend those paragraphs accordingly, otherwise good xx

[seduraed]

Re: court claim from mortimer clarke / vodafone

nope no account number mentioned . just the following By an agreement between Vodafone and the defendant dated 05/03/2008VDf agreed to issue the defendant with credit relating to a mobile tele phone contract upoon the terms and conditions setout therein . In breach of the contract the defendant failed to make the minumum payments due and the agreement was assigned to the claimant on 01/06/2011 The claimant has complied with sections III and IV of Practice Direction -Pree Action Conduct THE Claimant therefore claims £XXXXX