** Settled at Mediation ** Lowell v ColynB

[Amethyst]

Oh I'm so sorry to hear of your loss, that of course takes absolute priority. I'll get a defence for you to edit your details into and submit a little later on moneyclaim online and then you'll be able to put this at least to the back of your mind for a month or so xxx

[Amethyst]

Okay... try this.... check through it and put in the account ref, claim number and date you received the claim.

DEFENCE

1.The Defendant received the claim [Claim Number] from the Northampton County Court Business Centre on [Date you received the claim]

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. It is denied that the Defendant entered into an agreement under account reference xxxxxxx with Vodafone.

4. The Defendant has products and services with Vodafone and is not, to the best of his knowledge, indebted to Vodafone, nor has he had any agreement terminated for failure to maintain the required payments.

5. The Defendant contacted Vodafone directly on 9th January 2019 to request any information about the alleged debt being claimed by the Claimant in this case. Vodafone have no record of any debt and confirmed the Defendant is up to date on payments, is actually in credit on his account, and that they have no record of any outstanding debt.

6. The Claimant has not given the date of the alleged agreement in their Statement of Case. The Claimant has not specified the type of agreement or account that the alleged debt has arisen from. The Defendant believes the alleged agreement would have been regulated under the Consumer Credit Act 1974.

7. The only information the Defendant is able to surmise from the Claimant's statement is that the agreement was entered into before 2015.

8. The Defendant has requested further information and copies of documents from the Claimant pursuant to CPR 31.14. The Claimant has not provided a copy of any agreement, any breakdown of the amount being claimed, nor any default or termination notice. The documents are required for the Defendant to be able to investigate the Claimant's claim further.

9. The Defendant sent a formal request for a copy of the original agreement to [Claimant] pursuant to section 77 and 78 of the Consumer Credit Act 1974 along with the statutory £1 fee on XXXXXX January 2019. The Claimant has failed to provide a copy of the agreement or terms of the agreement and therefore by virtue of s77(4) and s78(6) Consumer Credit Act 1974 cannot enforce the agreement.

10.It is denied that Vodafone served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

11. The Claimant pleads that they were assigned the Debt in 2015 by Vodafone. They have provided alleged copies of a Notice of Assignment however the Defendant has no recollection of having received these notices in 2015. The Notices appear to be templates and contain merge/fill field coding that are not relevant to the claim.
12.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. The Claimant is required to provide the agreement and terms of the account to show how the amount being claimed has arisen.
13.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.
14.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.
15.It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
Signed ________________________________
Dated ________________________________

[ColynB]

Amethyst Thank you for taking the time out todo this for me it really is a god send right now when do I upload this on the moneyclaim website ?

[ColynB]

And would I need to print it off, sign it and then scan it back with a wet signature on it

[Amethyst]

If you can log in on moneyclaim you should be able to do it on there, if not, shout and I'll put it on word formatted properly to print and post ( signed )

[ColynB]

Just to keep you in the loop after a very stressful week last week I have now officially submitted my deference via moneyclaim, so here’s to the waiting game now .

[ColynB]

Good morning Amethyst just a quick update as since filing my defence I have received to letters , one from the court confirming my Defence and secondly a letter from Lowell solicitors which I have already received 3 times, so no word from either Vodafone or Lowell regarding my Breakdown of account.
So I take it it’s a waiting game now.

many Thanks Again
Colyn

[Amethyst]

Indeed. GIve it 4/5 weeks and if you've still had nothing from Court give them a call and check the status of the claim.

You may receive a completed Directions Questionnaire from Lowell before you hear from the court. You don't need to complete same until you hear from the court that Lowell have indicated their intention to proceed and they ask you complete a DQ.

This is the DQ Directions Questionnaire

which is the next step to have the case moved to your local court.

[ColynB]

Amethyst Good morning

so a little update with what’s happening with my case with Lowell.

last week I received Lowells Directions Questionaire which I’ve included as an attachment below.

and then this morning it looks I received my copy to sign and sent back. From understanding other post I’m agreeing to mediation but say no to the fact I haven’t received all paper work to defend my case. Is this right!

all help much appreciated

again in I cannot thank you for everything you’re doing for me.

[ColynB]

Sorry this is a copy of my proposed allocation to the small claims track.

[Amethyst]

Yep - there's a guide that might help here https://legalbeagles.info/library/gu...uestionnaire// although tbh it is pretty straightforward xxxxxx

[ColynB]

Wonderful I’ll get on that straight away Amethyst

[ColynB]

Amethyst Evening

SO There’s a major update. Today I received quite a large letter of Lowell Solictors (Attached) and it also came with a bundle of Vodafone bills attached to the debt, vaguely As stated when I first told you about this that I believe it could have been a iPad and sim I got for my partner, but the hills does show that I had 4 active line which is not bringing back any ideas amablut these but as I said I got this account for my boyfriend at the time , and with how we broke up I’m only assuming he racked up this debt but I take full responsibility for this as I was the naive one to have done this.

so the issue now is what do I do about this mediation as they will be producing this in court which clearly I haven’t got a leg to stand on as they have the bills and it’s not passwd 6 years as on credit report it defaulted on the 1/3/2015 .

so I believe from reading other threads it will drop of after 6 years but do I pay the full amount as previously stated I’m hoping to go for my first mortgage next year.

Any help on this now now will be greatly appreciated

[ColynB]

[ColynB]

Sorry to nag guys but any advice would be greatly received right now.