**DISCONTINUED**County Court letter from Lowell - Old Vodafone debt

[enabled]

Hi.

I received a County Court letter dated 24th ( I received approx 26th) from Vodafone for the Total amount of £1345.57.

This debt is from about 5 years ago. I took out a contract for myself and added on 2 other lines, one for my partner and one for my partners brother. The bills after time became hard to afford and money from my partners brother wasn't coming in on time so I was left short on money and couldn't afford to pay the bills on time so ended up defaulting and just burying my head as I knew I would get lumped with all the debt. In hindsight we shouldn't of got the line for my partners brother and this could of been resolved but we live and learn I guess.

Anyway I do acknowledge this debt but have no means of paying that sum of money off at this point in time. Got 5 dependent children at home so as you can imagine money is tight.

I have logged onto my clearscore account and can not see this debt on there. However on Noddle I do see the Lowells account, the default balance on there says "£ 1,107"

On the letter I received the "amount claimed" is £1195.57 + court fees and legal costs, totalling £1345.57 Should the amount claimed on this letter not match the amount shown on the Noddle report? (£1107)

Anyway I did think/wish this debt would go away if I just ignored the letters, again stupid to think like that I know. I received some letters from Lowell and other companies but I just binned them. None of the old letters were kept apart from this County Court one.

What options do I have here?

I Appreciate any advice

[R0b]

Re: County Court letter from Lowell - Old Vodafone debt

Hello,

Your first step is to acknowledge the claim so you have time to file and prepare a defence. Can you also confirm the Claimant on the claim form, I'm presuming you meant Lowell but you also said from Vodafone in your post.

When you say you acknowledge the debt, have you acknowledged the debt to Lowell?

Do you recall when these contracts were taken out exactly?

Could you also post up the Particulars of Claim or a photo of the claim form with your personal info removed.

If you are in financial hardship there may be a way to settle out of court if you are able to provide an income/expenditure and propose a reasonable sum to Lowell that you can afford.

Hi.

I received a County Court letter dated 24th ( I received approx 26th) from Vodafone for the Total amount of £1345.57.

This debt is from about 5 years ago. I took out a contract for myself and added on 2 other lines, one for my partner and one for my partners brother. The bills after time became hard to afford and money from my partners brother wasn't coming in on time so I was left short on money and couldn't afford to pay the bills on time so ended up defaulting and just burying my head as I knew I would get lumped with all the debt. In hindsight we shouldn't of got the line for my partners brother and this could of been resolved but we live and learn I guess.

Anyway I do acknowledge this debt but have no means of paying that sum of money off at this point in time. Got 5 dependent children at home so as you can imagine money is tight.

I have logged onto my clearscore account and can not see this debt on there. However on Noddle I do see the Lowells account, the default balance on there says "£ 1,107"

On the letter I received the "amount claimed" is £1195.57 + court fees and legal costs, totalling £1345.57 Should the amount claimed on this letter not match the amount shown on the Noddle report? (£1107)

Anyway I did think/wish this debt would go away if I just ignored the letters, again stupid to think like that I know. I received some letters from Lowell and other companies but I just binned them. None of the old letters were kept apart from this County Court one.

What options do I have here?

I Appreciate any advice

Hello,

Your first step is to acknowledge the claim so you have time to file and prepare a defence. Can you also confirm the Claimant on the claim form, I'm presuming you meant Lowell but you also said from Vodafone in your post.

When you say you acknowledge the debt, have you acknowledged the debt to Lowell?

Do you recall when these contracts were taken out exactly?

Could you also post up the Particulars of Claim or a photo of the claim form with your personal info removed.

If you are in financial hardship there may be a way to settle out of court if you are able to provide an income/expenditure and propose a reasonable sum to Lowell that you can afford.

[enabled]

Re: County Court letter from Lowell - Old Vodafone debt

Hi, many thanks for responding.

Yes the claimant is Lowell and Not Vodafone, my mistake. The original debt is from Vodafone.

From looking at my emails I think my original phone contract was took out in 2010 as I have just found an email from back then with an online order with phones4u. I did however add on 2 extra lines at a later date over the phone. I can not remember the dates on the added lines sorry.

EDIT : NO I HAVE NOT SPOKEN TO LOWELL REGARDING THE DEBT.

[enabled]

Re: County Court letter from Lowell - Old Vodafone debt

Do I need to click defend all of this claim or just part on the AOS? Just on doing that right now

[R0b]

Re: County Court letter from Lowell - Old Vodafone debt

If you want to defend the claim in full select that, if you want to admit part of it then you need to select that and admit part of the claim which you will owe.

The Issue I see is that they seem to have grouped all 3 contracts together and if they were taken out at separate times, they may have had different terms and conditions and also end dates etc. So the Particulars of Claim are pretty vague on that point and they have also referenced a default notice which suggests one or all of them were subject to the consumer credit act - usually mobile phone contracts are not subject to it as they are for the provision of services.

So it is up to you what you would like to do but be careful if you choose to admit. Once you have admitted something you cannot retract it.

[enabled]

Re: County Court letter from Lowell - Old Vodafone debt

Ok If I was to say defend all what are my options/first moves?

Thanks

[R0b]

Re: County Court letter from Lowell - Old Vodafone debt

Ok If I was to say defend all what are my options/first moves?

Thanks

If you want to defend, your first port of call will be to send a CCA request you can follow how to do it here -> http://legalbeagles.info/forums/show...y-of-Agreement

that's because they have said a regulated agreement in their particulars but they can't backtrack on it now or you'll have a defence to that.

Second is to send a letter to them, requesting a copy of the contract and its terms and conditions for the account, you should also ask for the default notice, and copy of the termination letter.

[enabled]

Re: County Court letter from Lowell - Old Vodafone debt

Hi.

I have downloaded the letter for the CCA and I am just doing my part on it. Do I send this to the address on the claim form which states "Address for sending documents and payments or the other one at the top under "Claimant"? The top one is in Leeds and the one which says for documents and payments if in Northampton.

Also the account number, is that the original account number from Vodafone , which is listed in the Particulars?

Thanks

[R0b]

Re: County Court letter from Lowell - Old Vodafone debt

The CCA should be sent to Lowell address as they are the Claimant and do not send it to Northampton. As suggested a £1 postal order would suffice, get proof of postage receipt too

Yes it would be the account number referred to in the POC. Another thought perhaps is to possibly do is a Subject Access Request to Vodafone and that will give you any information they hold on you including the additional lines and when they were taken out - takes up to 40 days though.

[enabled]

Re: County Court letter from Lowell - Old Vodafone debt

Ok I will send it to the top address of Lowell, LS10 1AB.

I will send this letter today as recorded delivery and keep proof of all. So far you have mentioned a few other letters,

Second is to send a letter to them, requesting a copy of the contract and its terms and conditions for the account, you should also ask for the default notice, and copy of the termination letter.

Where will I send these letters to and is there also a template involved to request?

Another thought perhaps is to possibly do is a Subject Access Request to Vodafone and that will give you any information they hold on you including the additional lines and when they were taken out - takes up to 40 days though

Which department of Vodafone do I send this to and is there a template for this?

One last thing. Do I send all these off together or wait for a response from the first letter being sent out today?

Thanks

[R0b]

Re: County Court letter from Lowell - Old Vodafone debt

The request for documents goes to Lowell's solicitors which should be on the claim form.

There is a fee for £10 for a SAR just to be aware, usually send by cheque will suffice if you can. There is a template letter the ICO has on their website, you can use it as a starting point

https://ico.org.uk/media/for-the-public/documents/.../how_to_make_a_request.doc

Fill it out and you'll need to specify your account number and information, perhaps your address details of the account too.

Don't wait to send them out one at a time, you should send them all out as soon as possible.

[enabled]

Re: County Court letter from Lowell - Old Vodafone debt

Hi there. Sorry this is a late reply.

I have decided to send all documents tomorrow or today as the time is gone midnight! I wanted to make sure I have everything in order as to and where I am sending them so I don't make any mistakes.

Document 1 - CCA - Does this go to Lowell Portfolio I LTD, ELLINGTON HOUSE, 9 SAVAHHAH WAY. LEEDS, WEST YORKSHIRE, LS101AB OR does it goto the LOWELL SOLICIATORS address which is, LOWELL SOLICITORS LIMITED, PO BOX 1419, NORTHAMPTON, NN21BU?

Document 2 - A request for

requesting a copy of the contract and its terms and conditions for the account, you should also ask for the default notice, and copy of the termination letter.

- Again which address does this go to from the same above list?

Document 3 - SAR - Does this go to Lowell or Vodafone directly? If Lowell, again which address and if Vodafone themselves which department is the correct one to send it do as I can imagine if it gets into the wrong hands it will suddenly go missing!

I appreciate you will have already gone over these but would rather get it right first time round so I don't need to backtrack.

Thanks for all the help so far

[MIKE770]

Re: County Court letter from Lowell - Old Vodafone debt

Send to lowells Ellington house ( Recorded Delivery) PO Box is mailing address I believe and signed for post has problems with Box numbers, Their legal dept is at Ellington house, I sent in the past ans got replies quicker.

[enabled]

Re: County Court letter from Lowell - Old Vodafone debt

Is a request for the documents just a CPR 31.14 ? Got the first letter ready to go just doing the others now? If I send a CPR do I still need to send a SAR?

Cheers

[enabled]

Re: County Court letter from Lowell - Old Vodafone debt

I have printed out the CCA addressed to Lowell, have a SAR printed and need to address to Vodafone but unsure what department?

Do I need CPR or not?

POST OFFICE shop is accessible till 10pm tonight so have time to get them tonight at least and hopefully there by Monday or Tuesday.