jeananne57 LOWELL SOLICITORS

[jeanann57]

Hi new to this, I need help for my daughter Helen she received a letter yesterday from County Court Business Center with a claim for £696 from Lowell Solicitors, This is for a mobile phone from vodafone from about 4 years ago taken out for her partner (they have split up now ) who was paying it off but must have stopped paying at some point,
I know this makes no odds as it is in my daughter's name she is the one responabul for paying it off now,
She has filled in the acknowledgment part online to defend it all but has know idea what to do next. This was dated the 1st of April and she got it on the 4th she hasn't had any letters before this one asking her to pay up or else so this was a shock, She as been in touch with her partner who said she is still paying it off but I doubt that is true, All help wellcome thank you

[Amethyst]

Hi Jeanann,

Great that your daughter has completed the acknowledgment of service with intent to defend in full.

Would you possibly be able to type out the Particulars of Claim from the front of the claim form please then we can see what letters she needs to send to Lowell to get the details.

1st April so the defence will be due by about the 2nd May.
Thanks

Sharon
xx

[jeanann57]

Hi Jeanann,

Great that your daughter has completed the acknowledgment of service with intent to defend in full.

Would you possibly be able to type out the Particulars of Claim from the front of the claim form please then we can see what letters she needs to send to Lowell to get the details.

1st April so the defence will be due by about the 2nd May.
Thanks

Sharon
xx

Hi Sharon thanks for getting back to me
I will be able to type out the particulars from the front of the claim form but I won't have it till tomorrow if that's ok thanks Jeananne

[Amethyst]

Course xxx

[jeanann57]

Hi Sharon thanks for getting back to me
I will be able to type out the particulars from the front of the claim form but I won't have it till tomorrow if that's ok thanks Jeananne

Hi Sharon I have got the papers off my daughter who has given me a it more information, She has told me that Lowell Portfolio sent her a text on the 12th of March informing her she needed to get in touch to sort out this debt....she then informed her ex who said she was still paying it off...the ex then sent her two heavily redacted texts showing my daughter 2 payments to Lowell...you couldn't see any date on them or anything else come to that, Then the ex said it wasn't her debt at all or if it was she must have forgot to give Lowell her new bank details, It sounds like a lot of if buts and ands to me, Helen (my daughter ) is fully aware she will have to sort this out because its in her name
Anyway I will give you the particulars from the front of the claim form
1)The Defendant entered into an agreement with Vodafone under account reference 7015717321 ( ' 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 31/ 05/2018 and notice given to the defendant
4)Despite repeated requests for payment the sum of £531.64 remains due and outstanding
And the Claimant claims
a)The said sum of £531.64
b)Interest pursuant to s69 County Courts Act 1984 at the rate of 8%per annum from the date of issue accruing at a daily rate of £0.117. but limited to one year being £35.19
c) Costs
If you need anything else please let me know thanks jeananne

[jeanann57]

Hi Jeanann,

Great that your daughter has completed the acknowledgment of service with intent to defend in full.

Would you possibly be able to type out the Particulars of Claim from the front of the claim form please then we can see what letters she needs to send to Lowell to get the details.

1st April so the defence will be due by about the 2nd May.
Thanks

Sharon
xx

Hi Sharon I have got the papers off my daughter who has given me a it more information, She has told me that Lowell Portfolio sent her a text on the 12th of March informing her she needed to get in touch to sort out this debt....she then informed her ex who said she was still paying it off...the ex then sent her two heavily redacted texts showing my daughter 2 payments to Lowell...you couldn't see any date on them or anything else come to that, Then the ex said it wasn't her debt at all or if it was she must have forgot to give Lowell her new bank details, It sounds like a lot of if buts and ands to me, Helen (my daughter ) is fully aware she will have to sort this out because its in her name
Anyway I will give you the particulars from the front of the claim form
1)The Defendant entered into an agreement with Vodafone under account reference 7015717321 ( ' 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 31/ 05/2018 and notice given to the defendant
4)Despite repeated requests for payment the sum of £531.64 remains due and outstanding
And the Claimant claims
a)The said sum of £531.64
b)Interest pursuant to s69 County Courts Act 1984 at the rate of 8%per annum from the date of issue accruing at a daily rate of £0.117. but limited to one year being £35.19
c) Costs
If you need anything else please let me know thanks jeananne

[jeanann57]

Course xxx

Not sure if I sent this to you or myself probably the latter so hopefully this will reach you , Since I wrote this there have been a couple of changes,
1) my daughters ex said she as been in touch with Lowell and told them its her dept and to change it to her name and she will start paying it off
2) I have told my daughter to ring Lowell and ask them to send her a letter stating that she is no longer liable for this dept now or in the futcher. I think there might be a problem getting said letter as they wont want to let her off the hook in case her ex stops paying, What can she do about getting something in writing from them to say she no longer owes this money
This is what I should have sent to you and I think I sent it to myself
Hi Sharon I have got the papers off my daughter who has given me a it more information, She has told me that Lowell Portfolio sent her a text on the 12th of March informing her she needed to get in touch to sort out this debt....she then informed her ex who said she was still paying it off...the ex then sent her two heavily redacted texts showing my daughter 2 payments to Lowell...you couldn't see any date on them or anything else come to that, Then the ex said it wasn't her debt at all or if it was she must have forgot to give Lowell her new bank details, It sounds like a lot of if buts and ands to me, Helen (my daughter ) is fully aware she will have to sort this out because its in her name
Anyway I will give you the particulars from the front of the claim form
1)The Defendant entered into an agreement with Vodafone under account reference 7015717321 ( ' 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 31/ 05/2018 and notice given to the defendant
4)Despite repeated requests for payment the sum of £531.64 remains due and outstanding
And the Claimant claims
a)The said sum of £531.64
b)Interest pursuant to s69 County Courts Act 1984 at the rate of 8%per annum from the date of issue accruing at a daily rate of £0.117. but limited to one year being £35.19
c) Costs
If you need anything else please let me know thanks jeananne
Hi I can't be sure if I replied to you or not

[Amethyst]

As it was your daughter that took out the contract in her name, even it is was for her partner, then she is liable. Her and her now ex partner will need to work out getting it paid - by instalment or a full & final settlement before it gets to a court hearing else your daughter may end up with a ccj on her credit file. So that is between them - personally I don't think I'd be happy arranging installments with Lowell andvtgen leaving it to the ex partner to pay as so far she sounds a bit flaky and if payments got missed from here it would almost certainly result in a ccj. So I'd ensure your daughter paid Lowell directly and the ex partner pays your daughter.

Dont enter an admission and offer to pay as unless it is paid in full there will be a ccj recorded against your daughter. Defend and then negotiate directly to settle out if court.

Anyway that's for sorting out and negotiation ... for now Lowell do need to evidence the claim.

So send a SAR to Vodafone, a CPR 31.14 request to Lowell Solicitors.

In the cpr 31.14 letter ask for agreement - notice of assignment - termination/default notice
Links
CPR 31.14 Request
Subject Access Request Letter

[jeanann57]

As it was your daughter that took out the contract in her name, even it is was for her partner, then she is liable. Her and her now ex partner will need to work out getting it paid - by instalment or a full & final settlement before it gets to a court hearing else your daughter may end up with a ccj on her credit file. So that is between them - personally I don't think I'd be happy arranging installments with Lowell andvtgen leaving it to the ex partner to pay as so far she sounds a bit flaky and if payments got missed from here it would almost certainly result in a ccj. So I'd ensure your daughter paid Lowell directly and the ex partner pays your daughter.

Dont enter an admission and offer to pay as unless it is paid in full there will be a ccj recorded against your daughter. Defend and then negotiate directly to settle out if court.

Anyway that's for sorting out and negotiation ... for now Lowell do need to evidence the claim.

So send a SAR to Vodafone, a CPR 31.14 request to Lowell Solicitors.

In the cpr 31.14 letter ask for agreement - notice of assignment - termination/default notice
Links
CPR 31.14 Request
Subject Access Request Letter

Hi Sharon
Helen's ex as set up a payment plan with Lowell they want it paid off in within 22 weeks, Helen cant afford to pay it off herself so is happy with this , I have seen the paperwork for the payment plan and they said they have stopped the claim through the court ,
I told my daughter she still needs to keep on top of this and if her ex stops paying she will just have to pay it herself, I have done all I can...its up to her now,
Thank you very much for all your help I will be in torch if I ever need you help again, Jeananne57

[MasterCoder]

I have seen the paperwork for the payment plan and they said they have stopped the claim through the court ,

Do not stop the court process though, whatever you do, until you receive a letter or any communication from the court indicating they have discontinued. If you need to file a defence, file it still.