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We were away for a few months and when I came back I found both a 'Notice of Claim Issue' dated 12 July 2023 from Overdales Solicitors and a Claim Form from the Northampton County Court dated 6 July 2023. We returned late on the 26th and opened the letters a day or so later so we missed the 5 days plus 14 days window to respond (25 July).
Early on the 28th July we left for a long-planned holiday and don't plan to return until 13 or 14 August.
I acknowledged the claim online late last week and asked for the 28 days to defend and counterclaim, which will expire (midnight?) this Tuesday 8 August.
Because we are away I don't have access to the evidence to support my case including dates and amounts of payments going back over ten years.
Received a claim? Yes
Issue Date: 6 July 2023
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) £1,000
Claimant’s Name: Lowell Portfolio Limited
Solicitors Firm: Overdales Solicitors
Original Creditor: Vodafone
Original Debt (eg. Credit card/Loan/Overdraft) : One-year Mobile phone contract
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
The claim is for the sum of £X due by the Defendant under a Vodafone account with an account reference of 999999999
The Defendant failed to maintain contractual payments required under the terms of the account agreement.
The debt was legally assigned to the claimant on 01-09-22, notice of which has been given to the defendant.
The claim includes statutory interest under S.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 £Y
The Claimant claims the sum of £Z
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No as I have discussed it with Vodafone in 2021 before cancelling their direct debit
List any letters you have sent (eg: CCA/ CPR ): Letter of 28 October 2021 to Vodafone telling them:
I had cancelled the contract in April 2011
They had refused to provide me with a copy of the contract or any bills since their last one on July 2011
I had cancelled the direct debit and claimed a refund as they had neither neither billed me or notified me of changes to their bills contrary to the terms of their Direct Debit
Any Other Information or Background Details:
From April or May 2010 I had a contract with Vodafone, taken out via local Carphone Warehouse shop in order to solve the problem of no reception at home from other providers. Carphone Warehouse
In or around April 2011 I called Vodafone and told them I wanted to terminate the account as soon as possible as I wasn't getting any mobile reception. They told me the account had another month or two to run. I said in that case I wanted to terminate it then. I switched to another provider and never used the sim card again.
13 July 2011 I received a bill from Vodafone and nothing since then.
I presumed they'd closed the contract, but realised much later they had continued to debit our joint account, and at times increasing the monthly amounts
7 July 2021 I contacted Vodafone by Chat (I have a copy), explained what had happened and asked them to email or post me a copy of their contract and bills which they said they had. The refused to do this and asked me to obtain them by logging onto Vodafones's website which I was unable to do as it requires the sim card for the mobile account.
I cancelled the Direct Debit shortly afterwards and under the Direct Debit guarantee my bank refunded the direct debit payments going back to the first increase in payment to Vodafone
14 September 2021 Vodafone wrote asking me to pay the small debt accrued since the DD was cancelled and said they were handing it over to a debt collection agency, Zinc Credit Management
22 October 2021 our bank credited two sums, around 30% more than the amount of the court claim, to our account as the repayment of the Direct Debit
28 October 2021 I replied to Vodafone with the above information explaining I had cancelled the contract and they had continued to take payment. Vodafone did not reply
13 September 2022 Lowells wrote to say they'd taken over the debt. , but the debt was passed to Lowells who called me. I explained it was in dispute with Vodafone and I didn't intend to pay it; Vodafone or Lowells would need to explain the basis of their claim, which hasn't happened. I have had one or more letters from Lowells requesting payment of a claim which is less than the amount of the Direct Debit refund
16 September 2022 I called Lowells, and explained the history and dispute, lack of billing, evidence of contract to them. I gave them my email address. They said they would discuss it with Vodafone and write back to me about it. I haven't had any further communication from them until their claim.
They have phoned a number of times and I have asked them to make their points in writing which hasn't happened.
6 July 2023 Court Claim issued
12 July 2023 Letter from Overdales Solicitors confirming court claim
As I'm away, I don't have access to the detailed information of payment dates and amounts needed to calculate my potential counterclaim for payments after the contract ended in 2011. Can I delay the process until I return?
Any other thoughts on this saga?
Thanks!
Early on the 28th July we left for a long-planned holiday and don't plan to return until 13 or 14 August.
I acknowledged the claim online late last week and asked for the 28 days to defend and counterclaim, which will expire (midnight?) this Tuesday 8 August.
Because we are away I don't have access to the evidence to support my case including dates and amounts of payments going back over ten years.
Received a claim? Yes
Issue Date: 6 July 2023
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) £1,000
Claimant’s Name: Lowell Portfolio Limited
Solicitors Firm: Overdales Solicitors
Original Creditor: Vodafone
Original Debt (eg. Credit card/Loan/Overdraft) : One-year Mobile phone contract
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
The claim is for the sum of £X due by the Defendant under a Vodafone account with an account reference of 999999999
The Defendant failed to maintain contractual payments required under the terms of the account agreement.
The debt was legally assigned to the claimant on 01-09-22, notice of which has been given to the defendant.
The claim includes statutory interest under S.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 £Y
The Claimant claims the sum of £Z
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No as I have discussed it with Vodafone in 2021 before cancelling their direct debit
List any letters you have sent (eg: CCA/ CPR ): Letter of 28 October 2021 to Vodafone telling them:
I had cancelled the contract in April 2011
They had refused to provide me with a copy of the contract or any bills since their last one on July 2011
I had cancelled the direct debit and claimed a refund as they had neither neither billed me or notified me of changes to their bills contrary to the terms of their Direct Debit
Any Other Information or Background Details:
From April or May 2010 I had a contract with Vodafone, taken out via local Carphone Warehouse shop in order to solve the problem of no reception at home from other providers. Carphone Warehouse
In or around April 2011 I called Vodafone and told them I wanted to terminate the account as soon as possible as I wasn't getting any mobile reception. They told me the account had another month or two to run. I said in that case I wanted to terminate it then. I switched to another provider and never used the sim card again.
13 July 2011 I received a bill from Vodafone and nothing since then.
I presumed they'd closed the contract, but realised much later they had continued to debit our joint account, and at times increasing the monthly amounts
7 July 2021 I contacted Vodafone by Chat (I have a copy), explained what had happened and asked them to email or post me a copy of their contract and bills which they said they had. The refused to do this and asked me to obtain them by logging onto Vodafones's website which I was unable to do as it requires the sim card for the mobile account.
I cancelled the Direct Debit shortly afterwards and under the Direct Debit guarantee my bank refunded the direct debit payments going back to the first increase in payment to Vodafone
14 September 2021 Vodafone wrote asking me to pay the small debt accrued since the DD was cancelled and said they were handing it over to a debt collection agency, Zinc Credit Management
22 October 2021 our bank credited two sums, around 30% more than the amount of the court claim, to our account as the repayment of the Direct Debit
28 October 2021 I replied to Vodafone with the above information explaining I had cancelled the contract and they had continued to take payment. Vodafone did not reply
13 September 2022 Lowells wrote to say they'd taken over the debt. , but the debt was passed to Lowells who called me. I explained it was in dispute with Vodafone and I didn't intend to pay it; Vodafone or Lowells would need to explain the basis of their claim, which hasn't happened. I have had one or more letters from Lowells requesting payment of a claim which is less than the amount of the Direct Debit refund
16 September 2022 I called Lowells, and explained the history and dispute, lack of billing, evidence of contract to them. I gave them my email address. They said they would discuss it with Vodafone and write back to me about it. I haven't had any further communication from them until their claim.
They have phoned a number of times and I have asked them to make their points in writing which hasn't happened.
6 July 2023 Court Claim issued
12 July 2023 Letter from Overdales Solicitors confirming court claim
As I'm away, I don't have access to the detailed information of payment dates and amounts needed to calculate my potential counterclaim for payments after the contract ended in 2011. Can I delay the process until I return?
Any other thoughts on this saga?
Thanks!
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