Need advise please: County Claim for 5 year old Mobile contract

[fahad saleem]

Received a claim? Yes
Issue Date: 07 July 2022 (County Court Business Centre, Northampton)
Have you Acknowledged the Claim?: Not yet
Total Amount Claimed : £1400 (including legal costs + court fee)
Claimant’s Name: Lowell Portfolio Ltd
Solicitors Firm: Overdales Solicitors
Original Creditor: Vodafone
Original Debt (eg. Credit card/Loan/Overdraft) : £1200
Particulars of Claim:
"The claim is for the sum of £1200 due by the Defendant under a Vodafone accounting with an account reference ---------------. The defendant failed to maintain contractural payments required under the terms of the account agreement. The debt was legally assigned to claimant on 28-02-2018, notice of which has ben given to the defendant. The claim includes statutory interest under 2.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of ----. The claimant claims the sum of ----"

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Not that I can remember at all.
List any letters you have sent (eg: CCA/ CPR ): None yet.

Any Other Information or Background Details:
I was in UK temporarily as an international student when I took this contract 5 years ago. In 2017 December, I moved back to my home country after completing my degree and completely forgot about my mobile phone contract... I understand I should've paid it off.. But while I was away from the country this must've been passed on from Vodafone to debt collectors. I came back to UK on a spouse visa after getting married on a spouse visa, in June 2019.

Now, this is where it gets more confusing for me. On 7th July 2022 I receive a letter from County Court for a Vodafone default, but the letters I am receiving from Lowell still mention 02(UK) Ltd and an unpaid amount of £700 (for vodafone it shows £1200).

I remember having ONE contract which i didn't pay for but dont remmeber if it was o2 OR vodafone contract. But it was either one of them.

I want to call Lowell to find out if there's some confusion but wanted to seek advise here first before taking any actions.


Please advise....

[fahad saleem]

I have now acknowledged the claim online, thanks to the helpful guide here: https://legalbeagles.info/library/gu...ledge-a-claim/

Shall I now call Lowell and find out more about these two "claims"? As mentioned above, I have recieved County Court Claim for a Vodafone account but Lowell has been sending me emails and letters about o2. I dont remember having two accounts. Just had one. Trying to dig in emails too.

What would you guys suggest please? many thanks for your help!

[echat11]

Hi Fahad

You've acknowledged the service online, that will give you an extra 14 days to work on you defence, so that's 28 days in total, plus 5 days post. You've done this.

a) Send Overdales a request for a copy of your agreement. Service contracts aren't covered by the CCA 1974, So a simple letter will suffice. Make sure you get Proof of Postage.

b) Send Overdales a CPR 31.14 Request, they have 12 days to provide documents they are relying to make the claim. Remember only request the documents stated in the Particular of Claim. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

c) Send Vodafone a SAR for the account, they have 30 days to provide all the details on the account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

d) Send O2 a SAR for the account, they have 30 days to provide all the details on the account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

Make sure you get your defence in on time, so 28 days from the date of the claim letter, note it in your diary.

Wait to see what they send, then you can work on your defence,

Don't speak to them over the phone.

[fahad saleem]

Well noted, thank you echat11

Can you please help review the CPR 31.14 form I need to send to overdales please? I am confused about two things. One is the date that needs to be mentioned in paragraph two and based on my particulars of claim, what should I ask them.

Please have a look at the attachment.

[echat11]

a) Can you please help review the CPR 31.14 form I need to send to overdales please?

Yes

b) I am confused about two things. One is the date that needs to be mentioned in paragraph two

Your paragraph can be changed to the following, so you aren't tied into a specific date:

'To enable me to file my defence, I require inspection of documents you mention in your statement of case ahead of filing my defence.'

c) and based on my particulars of claim, what should I ask them.

Only The Agreement and Notice of Assignment.

(They would of sent a default notice, but they haven't mentioned it in their Particulars of Claim, so we can't ask for it, although they might send it anyway.)

Here's a good guide for litigants -

https://www.judiciary.uk/wp-content/..._in_Person.pdf

[fahad saleem]

Well noted, thank you echat11

Can you please help review the CPR 31.14 form I need to send to overdales please? I am confused about two things. One is the date that needs to be mentioned in paragraph two and based on my particulars of claim, what should I ask them.

Please have a look at the attachment.

Hey, I reieved a letter from Overdales (attached three pages).

They have said that "account relates to a service agreement and not a credit agreement, it is not governed by the provisions of the Consumer Credit Act 1974. Therefore, there is no statuory requirement to complete and sign any such agreement in order to obtain an account of this nature.

and along with it they've sent me a letter they sent to me back in 20 August 2019 informing about taking over this account from Vodafone in 2018.

Please advise how I should proceed further echat11 as they haven't shared the contract with me.

[echat11]

In post 3, I've stated the following 'Service contracts aren't covered by the CCA 1974', So a simple letter will suffice.'So you know that.

They should provide a copy of the contract, they should also provide the T & C's.

Have your had responses to the SAR's you sent to O2 and Vodafone?

What you need to do is now is file your defence.

The link below is an Example defence, you need to remove all the bits that relate to the CCA 1974.

A copy can be filed with the Court online through MCOL, then you can send Overdales a copy, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...-court-claims/

So you need to do this today / tomorrow.

[fahad saleem]

echat11 thanks for the prompt response..

So am I correct in assuming that despite it not being covered by CCA 1974, Overdales was still supposed to send me copy of the contract agreement with Vodafone & T&C's? And since they haven't (and only sent me correspondence letter of taking over the account), I will be basing my defence on the fact they failed to provide me these and if they dont provide contract, this claim can be struct off?

Apologies if it sounds silly to even ask - just want to confirm i am reading it right.

Also;

- I have not received any response from O2 nor Vodafone on the SAR requests.

- I have prepared my defence and attached two documents here for your kind review.. Will appreciate it if you can please advise on some of the questions I have on it.

MANY THANKS FOR ALL YOUR SUPPORT! truly truly appreciate it and this forum

[fahad saleem]

Also, the claim issue date was 7th July and 28 days from then would be 4th Aug. However, I only received it yesterday(5th Aug) as you can see Overdales letter states 3rd Aug.

I will file the defence today or latest tomorrow, just want to make sure if I have to mention this on the defence anywhere?

echat11 please help..

[echat11]

echat11 thanks for the prompt response..
So am I correct in assuming that despite it not being covered by CCA 1974, Overdales was still supposed to send me copy of the contract agreement with Vodafone & T&C's? And since they haven't (and only sent me correspondence letter of taking over the account), I will be basing my defence on the fact they failed to provide me these and if they dont provide contract, this claim can be struct off?
Apologies if it sounds silly to even ask - just want to confirm i am reading it right.
Also;
- I have not received any response from O2 nor Vodafone on the SAR requests.
- I have prepared my defence and attached two documents here for your kind review.. Will appreciate it if you can please advise on some of the questions I have on it.
MANY THANKS FOR ALL YOUR SUPPORT! truly truly appreciate it and this forum

a) So am I correct in assuming that despite it not being covered by CCA 1974, Overdales was still supposed to send me copy of the contract agreement with Vodafone & T&C's? And since they haven't (and only sent me correspondence letter of taking over the account), I will be basing my defence on the fact they failed to provide me these and if they dont provide contract, this claim can be struct off? Apologies if it sounds silly to even ask - just want to confirm i am reading it right.

Unfortunately, it's not as 'black & white' as that, if it was a CCA agreements regulated by the CCA 1974, it would be much clearer.

But as they've lodged a claim against you, they should provide the requested documents to back up that claim. Then it's up to the Court / Judge to come to a decision.

b) I have not received any response from O2 nor Vodafone on the SAR requests.

They have 30 days, so providing the requests has been sent, then they should comply. You need that information to establish what is what.

'Now, this is where it gets more confusing for me. On 7th July 2022 I receive a letter from County Court for a Vodafone default, but the letters I am receiving from Lowell still mention 02(UK) Ltd and an unpaid amount of £700 (for vodafone it shows £1200).'

c) I have prepared my defence and attached two documents here for your kind review.. Will appreciate it if you can please advise on some of the questions I have on it.

Will take a look, remember to check the numbering of the points.

---------------------------------------------------------------------------------------------

Regarding the Defence

3. needs to be added as follows -

This claim appears to be for a services contract with a telecommunications company.

4. You need to admit it, because you have to sign a Statement of Truth -

It is admitted that the Defendant has previously entered into a service agreement with Vodafone.

6. It specifically states the date the agreement was entered into.

The Claimant’s Particulars of Claim fail to state when the agreement was entered into.

7. Remove completely as it's not statute barred.

9. Remove completely.

10. Is correct, they need to send those documents after your request.

11. Is correct. Not needed.

12. Is correct. Not needed.

13. Is correct. Not needed.

14. Needs totally deletion.

15. Leave in.

16. Leave in.

17. Leave in.

18. Leave in.

Statement of Truth

I believe the that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Just to add, the O2 letters from Lowell, may be for a totally different account (which you say you haven't taken out), so nothing to do with the current claim.

Are the account numbers the same?

[fahad saleem]

echat11 I have received a response from Overdales Solicitors and they've insisted that I took out the contract.

- They haven't shared the copy of contract with Vodafone still but mentioned details about when the contract was taken, defaulted and handed over to Lowell.

- They have said that they have requested it from the assignor and will provide once they receive it.

- They have mentioned that agreement for telecommunications contracts do not need to be retained as there is no legal obligation for them to do so.

- They want me to either pay in full £1200 or instalment plan of £1457.

- They have sent a "Directions Questionnaire" and said Court will also send me my own Directions Questionnaire but I haven't received anything from Court yet and have been waiting for it.

I have attached copies of the letters they sent me for your kind review.

Please advise where do I now stand? I would like to avoid CCJ against me but paying it all in one go is also impossible at the moment as I am the only one employed and partner is unemployed. My salary is just about enough to meet basic rent and bills expenses + have a baby coming in few months...

I would appreciate your kind response on how I should pursue this further....

P.S: I have not received any letters back from Vodafone either yet.

[echat11]

Try not worry. Will take a look.

[atticus]

You can download the form for a Small Claims Track Directions Questionnaire here: https://www.gov.uk/government/public...l-claims-track

[fahad saleem]

echat11 waiting for your advise please..

[echat11]

There is nothing 'unusual' in their letter, it's standard.
There are lots of steps to obtaining a CCJ. You are nowhere near one.

I think there are Royal Mail strikes soon.
So you could download from atticus's link, post 13.

The Directions Questionnaire has to be returned by a certain date,
(a copy is sent to the Court and Overdales - make sure you get
Proof of Postage), but you need to wait to see what Overdales sends
you regarding the request you've made. If they don't send the requested
documents, then you can't do mediation. But there is an
opportunity to mediate, see if they will reduce the
amount they are claiming and spread it over a period.

So lets see what they send.

But you need to stay on top of this.