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I received a letter from Lowell Solicitor regarding vodafone contract in Dec 2018
The letter stated that background of the claim: "On April 2014 you entered into an agreement with vodafone to provide you with a vodafone account. You failed to make payment in accordance with the terms of the agreement and it was later terminated and subsequently assigned to our client (Lowell portfolio) on August 2017".
I sent CPR and CCA request to Lowell Solicitor straight away. The LS replied that this matter relates to a former vodafone account opened on April 2014. As this is a former telecommunications matter it is not regulated by the Consumer Credit Act 1974, the original creditor is therefore not required to retain a copy of the agreement. Subsequently, we are unable to request a copy of this document. The account has been legally assigned to our client in accordance with S 136 of the law of property act 1925. our client is the legal owner of your account and no contract exists between you and our client.
In feb 2019, I received a county court business centre claim. The particulars of Claim " The defendant entered into an agreement with vodafone under account reference xxxx ('the agreeement'). The defendant failed to maintain the required payments and the service was terminated. The agreement was later assigned to the claimant on August 2017 and notice given to the Defendant. Despite repeated request for payment, the sum of 2200 remains due and outstanding.
In feb 2019, I again wrote to the LS repeated same CCA and CPR request and added a Sec of Contract Act 1999 sec 1, sub-sec 1-3
But the LS did not provide me with anything mentioned in CCA and CPR.
I then submitted the following defence;
In the Northampton County Court Business Centre
Claim No. xxx
LOWELL PORTFOLIO I LTD CLAIMANT
AND
xxxxxxxxxxxx DEFENDANT
DEFENCE
1. The Defendant received the claim number xxxx from the Northampton County Court Business Centre, NN1 2LH on date x Feb 2019.
2. Each and Every allegation in the claimants’ statement of case is denied unless specifically admitted in this defence.
3. It is admitted that the defendant entered into an agreement with Vodafone in April 2014 for 24 months. The Agreement provided both hardware of mobile phone and service of airtime.
4. The Claimant states “The Defendant failed to maintain the required payments and the service was terminated. This is denied. The Defendant has made all of the agreed payments on time and the agreement was cancelled after 24 months period of the agreement with no outstanding payments due.
5. The Claimant’s solicitor wrote to the Defendant on date x/11/2018 stated the alleged debt without any proper supporting documents.
6. On x/12/2018 the Defendant replied and submitted request via recorded delivery along with a postal order in sum of the statutory fee of £1 pursuant to S. 77-79 of the Consumer Credit Act 1974 for copies of the agreements, copies of all statements since inception of the account, in order to assess the breakdown of the alleged debt and to enable me to properly assess my position with regards the claim.
7. The Claimant’s Solicitor failed to provide it and simply stated that this is a former telecommunications matter it is not regulated by the Consumer Act 1974 and are unable to provide a copy of this document.
8. On x/02/2018 the Defendant again asked the Claimant’s solicitor to provide a proof of the contract as per contract act 1999 Section 1, Sub-sections 1-3 which stipulates a third party must have been expressly identified in the original contract you signed.
9. The Claimant’s solicitor failed to provide and responded that no contract exists between the Claimant and the Defendant and the account assigned to the Claimant. Also the Defendant reminded the Claimant’s solicitor to provide full disclosure of all of the files under the civil procedure rules31.6. But the Claimant’s solicitor failed again to provide it.
10. This Agreement provided both the hardware of mobile phone and airtime but the Claimant’s solicitor failed to mention how the debt is apportioned between the two.
The particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action.
11. The Claimants statement of case states that the agreement was assigned to the Claimant on 08/2017 and notice given to the Defendant. The Defendant does not recall receiving notice of this assignment.
12. Had the Defendant have received any notice from the Claimant he would have raised a complaint at the time. Therefore, the Claimant is required to prove that Notice was served upon the Defendant.
13. 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.
14. The Defendant requests the court with due respect to order the Claimants to provide all the necessary documentation, a full statement of account, a copy of the original agreement/contract on which the Claimant intends to rely, termination and or default notices and notice of assignment, in order for the Defendant to fully plead his case else the Claim should stand struck out.
15. 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.
16. 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 xxxx
Dated xxxx
Now I received a letter from LS along with vague statements of just 2016 relate to three different mobile numbers.
I am gonna upload the letter and statements as well.
Any help will be highly appreciated.
I received a letter from Lowell Solicitor regarding vodafone contract in Dec 2018
The letter stated that background of the claim: "On April 2014 you entered into an agreement with vodafone to provide you with a vodafone account. You failed to make payment in accordance with the terms of the agreement and it was later terminated and subsequently assigned to our client (Lowell portfolio) on August 2017".
I sent CPR and CCA request to Lowell Solicitor straight away. The LS replied that this matter relates to a former vodafone account opened on April 2014. As this is a former telecommunications matter it is not regulated by the Consumer Credit Act 1974, the original creditor is therefore not required to retain a copy of the agreement. Subsequently, we are unable to request a copy of this document. The account has been legally assigned to our client in accordance with S 136 of the law of property act 1925. our client is the legal owner of your account and no contract exists between you and our client.
In feb 2019, I received a county court business centre claim. The particulars of Claim " The defendant entered into an agreement with vodafone under account reference xxxx ('the agreeement'). The defendant failed to maintain the required payments and the service was terminated. The agreement was later assigned to the claimant on August 2017 and notice given to the Defendant. Despite repeated request for payment, the sum of 2200 remains due and outstanding.
In feb 2019, I again wrote to the LS repeated same CCA and CPR request and added a Sec of Contract Act 1999 sec 1, sub-sec 1-3
But the LS did not provide me with anything mentioned in CCA and CPR.
I then submitted the following defence;
In the Northampton County Court Business Centre
Claim No. xxx
LOWELL PORTFOLIO I LTD CLAIMANT
AND
xxxxxxxxxxxx DEFENDANT
DEFENCE
1. The Defendant received the claim number xxxx from the Northampton County Court Business Centre, NN1 2LH on date x Feb 2019.
2. Each and Every allegation in the claimants’ statement of case is denied unless specifically admitted in this defence.
3. It is admitted that the defendant entered into an agreement with Vodafone in April 2014 for 24 months. The Agreement provided both hardware of mobile phone and service of airtime.
4. The Claimant states “The Defendant failed to maintain the required payments and the service was terminated. This is denied. The Defendant has made all of the agreed payments on time and the agreement was cancelled after 24 months period of the agreement with no outstanding payments due.
5. The Claimant’s solicitor wrote to the Defendant on date x/11/2018 stated the alleged debt without any proper supporting documents.
6. On x/12/2018 the Defendant replied and submitted request via recorded delivery along with a postal order in sum of the statutory fee of £1 pursuant to S. 77-79 of the Consumer Credit Act 1974 for copies of the agreements, copies of all statements since inception of the account, in order to assess the breakdown of the alleged debt and to enable me to properly assess my position with regards the claim.
7. The Claimant’s Solicitor failed to provide it and simply stated that this is a former telecommunications matter it is not regulated by the Consumer Act 1974 and are unable to provide a copy of this document.
8. On x/02/2018 the Defendant again asked the Claimant’s solicitor to provide a proof of the contract as per contract act 1999 Section 1, Sub-sections 1-3 which stipulates a third party must have been expressly identified in the original contract you signed.
9. The Claimant’s solicitor failed to provide and responded that no contract exists between the Claimant and the Defendant and the account assigned to the Claimant. Also the Defendant reminded the Claimant’s solicitor to provide full disclosure of all of the files under the civil procedure rules31.6. But the Claimant’s solicitor failed again to provide it.
10. This Agreement provided both the hardware of mobile phone and airtime but the Claimant’s solicitor failed to mention how the debt is apportioned between the two.
The particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action.
11. The Claimants statement of case states that the agreement was assigned to the Claimant on 08/2017 and notice given to the Defendant. The Defendant does not recall receiving notice of this assignment.
12. Had the Defendant have received any notice from the Claimant he would have raised a complaint at the time. Therefore, the Claimant is required to prove that Notice was served upon the Defendant.
13. 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.
14. The Defendant requests the court with due respect to order the Claimants to provide all the necessary documentation, a full statement of account, a copy of the original agreement/contract on which the Claimant intends to rely, termination and or default notices and notice of assignment, in order for the Defendant to fully plead his case else the Claim should stand struck out.
15. 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.
16. 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 xxxx
Dated xxxx
Now I received a letter from LS along with vague statements of just 2016 relate to three different mobile numbers.
I am gonna upload the letter and statements as well.
Any help will be highly appreciated.
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