• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

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

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

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

    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....



    Tags: None

  • #2
    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!

    Comment


    • #3
      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.

      Comment


      • #4
        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.
        Attached Files

        Comment


        • #5
          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

          Comment


          • #6
            Originally posted by fahad saleem View Post
            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.
            Attached Files

            Comment


            • #7
              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.

              Comment


              • #8
                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
                Attached Files

                Comment


                • #9
                  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..

                  Comment


                  • #10
                    Originally posted by fahad saleem View Post
                    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?

                    Comment

                    View our Terms and Conditions

                    LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                    If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                    If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                    Working...
                    X