Claim Form from Lowell Solicistors for Vodafone Debt

[kevi]

Can anyone assist with a claim form I received from Lowell solicitors regarding an alleged vodafone debt which they have bought. The claim was issued on 21 Nov and I have acknowledged this online with my intention to defend in full.

As the date for submitting my defence is nearing I am in need of some help / guidance on some things relating to this.

[nemesis45]

Re: Claim Form from Lowell Solicistors for Vodafone Debt

Good morning, welcome to LB,

Please post a copy of the claim form (N1) after removing the claim number and your personal data or type in the particulars of claim word for word.
Please also give us some details/history of the debt.
nem

[kevi]

Re: Claim Form from Lowell Solicistors for Vodafone Debt

thank you; any assistance you can offer is very much appreciated

[nemesis45]

Re: Claim Form from Lowell Solicistors for Vodafone Debt

thank you; any assistance you can offer is very much appreciated

OK Kevi,

Please post the info requested.

nem

[kevi]

Re: Claim Form from Lowell Solicistors for Vodafone Debt

OK Kevi,

Please post the info requested.

nem

this is the draft of my defence;

1. I received the claim XXXXXXXX from the Northampton CountyCourt on 23^rd November 2016.


2. Paragraph 1 is neither admitted nor deniedwith regards to the defendant entering into an agreement referred to in theParticulars of Claim (‘the Agreement’) the Claimant has yet to disclose anysuch agreement.


3. Paragraph 2 in the Particulars of Claim is denied with regards to thedefendant failing to maintain payments and that Vodafoneserved any Default notice to the Defendant..

4. Paragraph 3 in the Particulars of Claim is denied with regards to the Defendantreceiving any notice of this assignment.

5. Paragraph 4 in the Particulars of Claim is denied withregards to the Defendant owing any monies to the Claimant.

6. On the 24/11/2016, theDefendant sent a request (registered) for inspection of documents mentioned inthe claimant’s statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors Limited. The Defendant requested the Claimantprovide copies of the Agreement,Default Notice, Deed of Assignment, Notice of Assignment and Formal demand.

7. Onthe 07/12/2016, the Defendant received a written response from LowellSolicitors informing the Defendant that theyare not obliged to provide a copy of the agreement. Lowell Solicitors informedthe Defendant that they have requested the original creditor to provide themwith a copy of the default notice and that a copy would be forwarded to theDefendant. To date, the Defendant has not received a copy of the default notice.

LowellSolicitors did include a letter dated 20 September 2013, which is apparentlyfrom Vodafone to the Defendant regarding the assignment of a Vodafone accountto Lowell Portfolio I Limited. The Defendant has never received this letter. The letter is written on plane white paper, with nocompany header or company logo. The letter is not signed and has no Vodafonecontact details or registered address listed on it. The breakdown of thebalance on the account is not legible or understandable.

LowellSolicitors also included a statement of account which is illegible and containsno breakdown of balances whatsoever to show how the claimant has reached theamount claimed for.

8. On the09/12/2016, the Defendant sent another request (registered) to Lowell Solicitors for copies of the documents as per theDefendant’s original request dated 24/11/2016. The Defendant also informedLowell Solicitors of concerns relating to the authenticity of the VodafoneLetter and that the Defendant had since written to the Vodafone Customer Relations Manager for clarification onthe origin of this letter.

TheDefendant also requested a verified andlegible copy of the statement of account to show the Defendant how the claimanthas reached the amount claimed for.

9. On the16/12/2016, the Defendant receiveda written response from Lowell Solicitors Limited informing the Defendant thatthey are not obliged to provide a copy of the agreement.
LowellSolicitors also informed the Defendant that they are not obliged to provide theDefendant with a copy of the default notice. This is contrary to the letter received from Lowell Solicitorsdated 30 Nov 2016, where the Defendant was informed that Lowell Solicitors haverequested the original creditor to provide a copy of the default notice whichwould be forwarded to the Defendant. Lowell Solicitors have also failed toprovide a legible copy of the statement of account to show the Defendant how the claimant has reachedthe amount claimed for.

10. As per Civil ProcedureRule16.5(4), it is expected that the Claimant prove the allegation that the moneyis owed.

11. I request the court orders the Claimants to provide the necessarydocumentation in order for me to fully plead my case else the Claim shouldstand struck out.

12. . In the event that the relevant documents are received from the ClaimantsI will then be in a position to amend my defence, and would ask that theClaimants bear the costs of the amendment.

13. It is denied that the Claimant isentitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .................................................. ....

[MIKE770]

Re: Claim Form from Lowell Solicistors for Vodafone Debt

claim for reference number showing for starters

[Kati]

Re: Claim Form from Lowell Solicistors for Vodafone Debt

claim for reference number showing for starters

sorted :yo:

tagging [MENTION=55034]nemesis45[/MENTION] xx

[charitynjw]

Re: Claim Form from Lowell Solicistors for Vodafone Debt

As the defence makes several references to the Particulars of Claim, it is difficult to comment without sight of those Particulars.

[nemesis45]

Re: Claim Form from Lowell Solicistors for Vodafone Debt

this is the draft of my defence;

1. I received the claim XXXXXXXX from the Northampton CountyCourt on 23^rd November 2016.

It's very difficult to comment on this defence without knowing the details/history/particulars of claim.

The deed of assignment is the contract between the debt seller and the debt purchaser and is considered confidential and commercially sensitive. I doubt this was mentioned in the particulars of claim.

There's a considerable amount of " tidying " needed before you submit this.

nem


2. Paragraph 1 is neither admitted nor deniedwith regards to the defendant entering into an agreement referred to in theParticulars of Claim (‘the Agreement’) the Claimant has yet to disclose anysuch agreement.


3. Paragraph 2 in the Particulars of Claim is denied with regards to thedefendant failing to maintain payments and that Vodafoneserved any Default notice to the Defendant..**** Phone contracts do not attract default notices as per CCA 1974 usually a " Final Invoice is sent.

4. Paragraph 3 in the Particulars of Claim is denied with regards to the Defendantreceiving any notice of this assignment.

5. Paragraph 4 in the Particulars of Claim is denied withregards to the Defendant owing any monies to the Claimant.

6. On the 24/11/2016, theDefendant sent a request (registered) for inspection of documents mentioned inthe claimant’s statement of case under Civil Procedure Rule 31.14 to Lowell Solicitors Limited. The Defendant requested the Claimantprovide copies of the Agreement,Default Notice, Deed of Assignment, Notice of Assignment and Formal demand. **** Were all these items mentioned in the POC? I doubt it.

7. Onthe 07/12/2016, the Defendant received a written response from LowellSolicitors informing the Defendant that theyare not obliged to provide a copy of the agreement. Lowell Solicitors informedthe Defendant that they have requested the original creditor to provide themwith a copy of the default notice and that a copy would be forwarded to theDefendant. To date, the Defendant has not received a copy of the default notice.

LowellSolicitors did include a letter dated 20 September 2013, which is apparentlyfrom Vodafone to the Defendant regarding the assignment of a Vodafone accountto Lowell Portfolio I Limited. The Defendant has never received this letter.

The letter is written on plane white paper, with no company header or company logo. The letter is not signed and has no Vodafonecontact details or registered address listed on it. The breakdown of thebalance on the account is not legible or understandable.

LowellSolicitors also included a statement of account which is illegible and containsno breakdown of balances whatsoever to show how the claimant has reached theamount claimed for.

8. On the09/12/2016, the Defendant sent another request (registered) to Lowell Solicitors for copies of the documents as per theDefendant’s original request dated 24/11/2016.

The Defendant also informedLowell Solicitors of concerns relating to the authenticity of the VodafoneLetter and that the Defendant had since written to the Vodafone Customer Relations Manager for clarification onthe origin of this letter.

TheDefendant also requested a verified andlegible copy of the statement of account to show the Defendant how the claimanthas reached the amount claimed for.

9. On the16/12/2016, the Defendant receiveda written response from Lowell Solicitors Limited informing the Defendant thatthey are not obliged to provide a copy of the agreement.

LowellSolicitors also informed the Defendant that they are not obliged to provide theDefendant with a copy of the default notice.

This is contrary to the letter received from Lowell Solicitorsdated 30 Nov 2016, where the Defendant was informed that Lowell Solicitors have requested the original creditor to provide a copy of the default notice whichwould be forwarded to the Defendant.

Lowell Solicitors have also failed toprovide a legible copy of the statement of account to show the Defendant how the claimant has reachedthe amount claimed for.

10. As per Civil ProcedureRule16.5(4), it is expected that the Claimant prove the allegation that the moneyis owed.

11. I request the court orders the Claimants to provide the necessarydocumentation in order for me to fully plead my case else the Claim shouldstand struck out.

12. . In the event that the relevant documents are received from the ClaimantsI will then be in a position to amend my defence, and would ask that theClaimants bear the costs of the amendment.

13. It is denied that the Claimant isentitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .................................................. ....

Suggestion sort out para numbering use sub paras as in 1. 1(a) 1(b) to avoid blocks of text which may well not be properly read.
nem

[kevi]

Re: Claim Form from Lowell Solicistors for Vodafone Debt

the details on the particular of claim as follows;

1) The defendant entered into an agreement with Vodafone under account reference ********* (the Agreement).
2) The defendant failed to maintain the required payments and a default notice was served and not complied with.
3) The Agreement was later assigned to the claimant on **/**/2013 and notice given to the defendant.
4) Despite repeated requests for payment, the sum of £835.37 remains due and outstanding.
And the claimant claims
a) the sum of £835.37
b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue of £0.183, but limited to one year, being £66.83
c) costs

[GRASMAN]

Re: Claim Form from Lowell Solicistors for Vodafone Debt

Mine is pretty much the same as this and I've done the same , I've had the same replies with little or no info and I'm sure it's statue barred so I will be using the same defence , thanks nemisis

[kevi]

Re: Claim Form from Lowell Solicistors for Vodafone Debt

Today got letter from Lowell with a copy of their Direct Questionnaire which they have lodged with the courts. I have not received my DQ from the court yet. Any advice on how to proceed in filling one out??

I intend to carry on with me defence in full as Lowell have still not provided me with any of the documents I requested in cpr request.

[nemesis45]

Re: Claim Form from Lowell Solicistors for Vodafone Debt

Today got letter from Lowell with a copy of their Direct Questionnaire which they have lodged with the courts. I have not received my DQ from the court yet. Any advice on how to proceed in filling one out??

I intend to carry on with me defence in full as Lowell have still not provided me with any of the documents I requested in cpr request.

Ok, Check with the court on Monday to see if the form has been sent out.

nem