• 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.
  • GUIDES & LETTERS

    Shortcuts for Consumer Credit Court Claims.

    Check your dates || PRE-ACTION || First Steps || Acknowledge a Claim || Guides || Example Defence || CCA Request Letter || CPR 31.14 Request Letter || Set Aside Application || Subject Access Request Letter

    If you received a court claim and want to start a new thread in this forum please read THIS POST about your first steps and make a new thread in the forum

    PLEASE DO NOT SEND THINGS WITHOUT READING THEM FIRST. IF YOU DO NOT UNDERSTAND SOMETHING - ASK !! - We LIKE QUESTIONS !!!

    We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
    If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.

    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service
    Defend Claim - within 28 days from Service (IF you acknowledged in time)
    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.

Announcement

Collapse
No announcement yet.

Kafkaesque v LOWEL PORTFOLIO I LTD

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

  • Kafkaesque v LOWEL PORTFOLIO I LTD

    Hello

    Firstly thank you all for this forum - really appreciate you being there.
    I've registered the name kafkaesque as shall become apparent....

    Received a claim? YES
    Issue Date: 06 March 2017
    Amount approx: £830
    Claimant: LOWELL PORTFOLIO I LTD
    Solicitor: LOWELL SOLICITORS LIMITED
    Original Creditor: VODAFONE
    Particulars of Claim:

    1) The Defendant entered into an agreement with Vodafone under account reference xxxxxxxxx ('the Agreement').
    2) The Defendant failed to maintain the required payments and the service was terminated.
    3) The Agreement was later assigned to the Claimant on 30/08/2013 and notice given to the Defendant.
    4) Despite repeated requests for payment, the sum of £6xx.xx remains due and outstanding.

    And the Claimant claims
    a) The said sum of £6xx.xx
    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, accruing at a daily rate of £0.xxx, but limited to one year, being £5x.xx
    c) Costs

    Is the debt Statute Barred?Don't think so

    List any letters you have sent: Request for documents mentioned in a statement of case under CPR 31.14 for 'the Agreement'
    I have also filed the AOS with MCOL.

    Facts of the matter:

    2012

    a) I returned the phone in I believe, 2012 as I didn't like it and it didn't work properly.
    b) I then had a kafkaesque experience for weeks so in the end I actually had to issue a MCOL against vodafone
    c) Vodafone legal team investigated and settled this claim and I was refunded the amount I had paid + claim costs

    2017

    a) I have received a claim from Lowell via MCOL for £800+
    b) I contacted vodafone customer service and have chat written records which state this is the SAME issue
    c) I tried to access the original MCOL but have lost my login and password and spent ages on the phone to MCOL and they have told me the number - now I have to wait for a "move and merge"
    d) I cannot find any written documentation of the original claim, nor any tracking number for the phone
    e) I have spent days probably weeks if you include the first episode with this BS
    f) I am currently signed off sick from work with anxiety and depression and am really struggling to cope with this
    g) Today I have filed an AOS with MCOL
    h) Monday I shall post the CPR letter

    I feel I haven't done anything wrong I returned the phone, vodafone settled my original MCOL and I thought this was the end of the matter.

    Can I make a counterclaim with all the stress and time I have had to waste on their mistake?

    Also, what is that character after LOWELL PORTFOLIO? Is it an "I"(an uppercase I letter), a lowercase "L" or a number "1"?
    Am I right in thinking this obfuscation?


    I've written this post as thoroughly as I can - sorry if I have missed anything - just shout if you need any more info.
    (I'm also dyslexic so please forgive mistakes!)

    Any advice would be really appreciated.

    Thanks, K.
    Last edited by kafkaesque; 11th March 2017, 16:11:PM. Reason: clarity
    Tags: None

  • #2
    Re: Kafkaesque v LOWEL PORTFOLIO I LTD

    Have you communicated directly with the claimant at all about the issue, as well as following the standard CPR 31.14 request for documents ( http://legalbeagles.info/forums/show...it-Court-Claim - the CCA request isn't relevant as this is a service agreement ) - you should put them on notice of the issues and the previous litigation on the same account. This isn't quite the same situation as it is purely based on fraud but the gist of it is right - https://consumercreditlitigationandd...s-cpr-27-142g/

    I'm not sure I'm with you on the 'move and merge', are the court joining the claims together - I'm not sure they could do that as your previous claim was settled, and presumably the court informed at the point of settlement and the claim withdrawn? Did they settle on issue of the claim or did it go to a hearing ? Did they defend or simply settle your claim ?
    [MENTION=551]pt2537[/MENTION]
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

    Comment


    • #3
      Re: Kafkaesque v LOWEL PORTFOLIO I LTD

      Hi Amethyst and thank you for your reply.


      "Have you communicated directly with the claimant at all about the issue, as well as following the standard CPR 31.14 request for documents ( http://legalbeagles.info/forums/show...it-Court-Claim - the CCA request isn't relevant as this is a service agreement ) - you should put them on notice of the issues and the previous litigation on the same account. This isn't quite the same situation as it is purely based on fraud but the gist of it is right - https://consumercreditlitigationandd...s-cpr-27-142g/

      I'm not sure I'm with you on the 'move and merge', are the court joining the claims together - I'm not sure they could do that as your previous claim was settled, and presumably the court informed at the point of settlement and the claim withdrawn? Did they settle on issue of the claim or did it go to a hearing ? Did they defend or simply settle your claim ?
      @pt2537"


      I have written the CPR (thanks to your template!) and will post recorded on Monday.

      Currently I can't access my original Money Claim OnLine against Vodafone in 2012 due to login issues.I have had to re-register with MCOL and their IT dept will "move and merge" my old claim to my new MCOL account so I can then hopefully access my 2012 claim against vodafone.


      Until then I have no evidence of the original claim - I can only go from memory. AFAIK Vodafone originally defended, then paid the claim as they must of found the phone. I didn't supply anything more except tracking number I think and they paid against the claim.
      I have recently contacted Vodafone via there customer service online chat and they still think I owe the money or have the phone. I have these records available if you need. The chat agent also sent some old bills to my email as a pdf attachment. The bills have gone to an old address.

      I suspect Vodafone legal hasn't communicated with the rest of Vodafone?

      Thank you for the link. Does that mean I can claim costs? how do I calculate them please?


      If Lowell have bought the debt why should I deal with vodafone at all?
      In preference I wouldn't want to deal with either just the court - is that the wrong way to proceed?


      Thanks again.
      Last edited by kafkaesque; 11th March 2017, 22:08:PM. Reason: clarity

      Comment


      • #4
        Re: Kafkaesque v LOWEL PORTFOLIO I LTD

        If you are certain this claim is for the same account that you litigated and won, then it seems to me this claim may well be an abuse of process.

        Now then, dealing with the Claim requires careful planning, the Claimant may well be unaware the account has been litigated, debt purchasers are notoriously stupid in that they never check if there are issues, they just seem to sue and then check later.

        I think you need to get as much info from MCOL as you can, and also ask Vodafone for any details they have in writing, once you have requested the documentation from Lowells, and once you have everything from Mcol, then you need to place lowells on notice that they are pissing in the wind, and invite them to witdraw this claim and correct any adverse entry on your credit file etc.

        If you dont get a positive response then you may well be open to a strike out application, especially if the evidence supports you case.
        I work for QualitySolicitors Howlett Clarke in the Consumer Credit Department. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.



        You can also follow my blog on consumer credit here.

        Comment


        • #5
          Re: Kafkaesque v LOWEL PORTFOLIO I LTD

          Originally posted by pt2537 View Post
          If you are certain this claim is for the same account that you litigated and won, then it seems to me this claim may well be an abuse of process.

          Now then, dealing with the Claim requires careful planning, the Claimant may well be unaware the account has been litigated, debt purchasers are notoriously stupid in that they never check if there are issues, they just seem to sue and then check later.

          I think you need to get as much info from MCOL as you can, and also ask Vodafone for any details they have in writing, once you have requested the documentation from Lowells, and once you have everything from Mcol, then you need to place lowells on notice that they are pissing in the wind, and invite them to witdraw this claim and correct any adverse entry on your credit file etc.

          If you dont get a positive response then you may well be open to a strike out application, especially if the evidence supports you case.
          Thank you for the reply. If I can avoid it I'd rather not deal with thugs (lowell) or the incompetent idiots at vodafone.

          Surely if I just present my evidence to the MCOL re my claim in 2012 then it should be automatic in my favour? Also what about costs for a counterclaim with all the stress and hassle this has caused - back in 2012 and now again? I'm off sick at the moment and am really struggling.

          I looked up "strike out application" but sorry I'm a layman so still don't understand it - does that mean just cancel there claim?

          Thanks again - please let me know if I can get costs.

          Comment


          • #6
            Re: Kafkaesque v LOWEL PORTFOLIO I LTD

            Originally posted by kafkaesque View Post
            Thank you for the reply. If I can avoid it I'd rather not deal with thugs (lowell) or the incompetent idiots at vodafone.

            Surely if I just present my evidence to the MCOL re my claim in 2012 then it should be automatic in my favour? Also what about costs for a counterclaim with all the stress and hassle this has caused - back in 2012 and now again? I'm off sick at the moment and am really struggling.

            I looked up "strike out application" but sorry I'm a layman so still don't understand it - does that mean just cancel there claim?

            Thanks again - please let me know if I can get costs.
            Ok well bad news time, your approach wont bring you the results you want, you will need to engage with Lowells im afraid, and possibly vodafone

            If youve read my blog article Ame referred to you will have seen the same kind of issue which i had to resolve with the original creditor.

            Sadly, errors happen, it may be the case your account was sold in error, it happens, but you need to look at this from Lowells point of view, they may have brought the debt in good faith and may well be of the view the money is owed. If you dont show them its not, how do you expect them to be able to consider withdrawing the claim? further, if you have evidence of the errors , you have a duty to disclose it, if you dont you could end up facing the same result as hoist did in the case i dealt with.
            I work for QualitySolicitors Howlett Clarke in the Consumer Credit Department. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

            I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.



            You can also follow my blog on consumer credit here.

            Comment


            • #7
              Re: Kafkaesque v LOWEL PORTFOLIO I LTD

              I know errors happen - once. But twice is unacceptable. How can I be responsible for Lowell or Vodafone lacking processes?

              Also, I thought the onus was on them to prove I do owe the money?

              I am going to show Lowell it is not owed - via my defence in MCOL as I won't be able to access the previous case, prob not until the last night before judgment...

              How much costs should I claim for?

              Comment


              • #8
                Re: Kafkaesque v LOWEL PORTFOLIO I LTD

                Originally posted by kafkaesque View Post
                I know errors happen - once. But twice is unacceptable. How can I be responsible for Lowell or Vodafone lacking processes?

                Also, I thought the onus was on them to prove I do owe the money?

                I am going to show Lowell it is not owed - via my defence in MCOL as I won't be able to access the previous case, prob not until the last night before judgment...

                How much costs should I claim for?
                Hi

                I really dont understand why you are taking such a bizarre stance to this claim, look at it logically, youre blaming lowells for something they may know nothing about, let me tell you theres no love lost between me and companies like lowells, but even i take a step back and look at the bigger picture sometimes.

                I understand youre aggrieved about the errors happening twice, but like i said, Lowells may well have brought the account in good faith.

                Youre right about the onus being on lowells having to prove the debt is owed, but heres a news flash for you, they could do that quite easily, for example, a witness statement from lowells exhibiting a statement of account from Vodafone showing the debt is outstanding would most likely be enough for the Court to accept the debt was owed. You need to start being a little clever, and less hostile to the idea of actually getting the info you need to prove your case.

                Let me tell you that Lowells are no fools, they will know that if you provide clear evidence of your dispute and can show what you said is true then they will undoubtedly withdraw the Claim there and then, so by being pro active you remove the risk of costs being incurred, you dispose of the case without spending too much time on it, and to me thats a far better approach than filing a defence and litigating this case through to trial.

                And by providing evidence early, you protect yourself on costs too. To me its a no brainer
                I work for QualitySolicitors Howlett Clarke in the Consumer Credit Department. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.



                You can also follow my blog on consumer credit here.

                Comment


                • #9
                  Re: Kafkaesque v LOWEL PORTFOLIO I LTD

                  Thanks for replying and your advice. I am trying to learn so appreciate your help.

                  If I appear hostile its because like I said I am signed off work with anxiety and depression and these corporations are thugs and bullies. They won't be getting a penny out of me - whatever happens.

                  I am relocating abroad (one way) within a year, don't own a house, no car and have no assets > so even if I lose at court there is little terror in the threats of CCJ/Baliffs etc. I haven't got anything for them to take

                  Please can you answer my question re my counter claim? I feel I need to claim for about 80hrs worth of my time, so about £1k is that reasonable?

                  Comment


                  • #10
                    Re: Kafkaesque v LOWEL PORTFOLIO I LTD

                    Originally posted by kafkaesque View Post
                    Thanks for replying and your advice. I am trying to learn so appreciate your help.

                    If I appear hostile its because like I said I am signed off work with anxiety and depression and these corporations are thugs and bullies. They won't be getting a penny out of me - whatever happens.

                    I am relocating abroad (one way) within a year, don't own a house, no car and have no assets > so even if I lose at court there is little terror in the threats of CCJ/Baliffs etc. I haven't got anything for them to take

                    Please can you answer my question re my counter claim? I feel I need to claim for about 80hrs worth of my time, so about £1k is that reasonable?
                    The problem is, you arent entitled to claim costs automatically, so a counterclaim would be unwise, to get costs you must apply to the Court once trial is over and ask the Court to order the Claimant to pay your costs.

                    This is why im trying to steer you to get the info you need now, as it would support a claim for unreasonable conduct, if they were told they had no case yet continued to proceed with the claim.
                    I work for QualitySolicitors Howlett Clarke in the Consumer Credit Department. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.



                    You can also follow my blog on consumer credit here.

                    Comment


                    • #11
                      Re: Kafkaesque v LOWEL PORTFOLIO I LTD

                      OK I will think on your advice and report back when I can access the 2012 claim.

                      Comment


                      • #12
                        Re: Kafkaesque v LOWEL PORTFOLIO I LTD

                        Originally posted by kafkaesque View Post
                        OK I will think on your advice and report back when I can access the 2012 claim.
                        I see no harm in you running a two horse race.

                        You could file a robust Defence to this claim close to the deadline. It's free to file a Defence.

                        Prior to that make the Claimant fully aware of your reasons to dispute the claim in correspondence. Stitch them up with a solid paper trail. That will aid your Defence.

                        Maybe treat the Claim as 'real' for now so send a CPR 31.14 Request to Lowells asking them to produce the documents they intend to rely on.

                        That way you've covered all bases.

                        If it's then wise to make an Application to strike out their claim at least you'll have the ammunition you need. You'll need that evidence (ammunition) to defeat this claim.

                        Right now this claim is a standalone claim.

                        Send a Subject Access Request to Vodafone asap to get the full history of the account and hopefully that will show the account and a previous claim was sorted light years ago.

                        If it doesn't then at least you'll know what to do next.

                        I agree with PT2537 that there may be a breakdown in communication between Vodafone and Lowells but my concern is you need to deal with the claim you're facing where deadlines have been set by the court.

                        Di
                        I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

                        This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


                        Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                        Comment


                        • #13
                          Re: Kafkaesque v LOWEL PORTFOLIO I LTD

                          Originally posted by kafkaesque View Post
                          Please can you answer my question re my counter claim? I feel I need to claim for about 80hrs worth of my time, so about £1k is that reasonable?
                          I'll have a go at answering your question.

                          Was that 80 hours spent fighting/defending/defeating the claim made by Vodafone?

                          Common sense says Lowells may not be held responsible (in legal terms) for Vodafone's conduct.

                          When the claim was Discontinued by Vodafone (assuming that was the outcome) did you ask them to compensate you for your time/stress/inconvenience?

                          If it was in 2012 you my have missed the boat to refer it to the Ombudsnman, but let's explore all avenues since if (and I mean if ) Vodafone recently sold the account knowing (or should have known) that it was settled then you may (and I mean may ) have another opportunity to make a noise about Vodafone's conduct if it's the first time you've become aware of the issue.

                          This forum has an Authorised Representative from Vodafone so why not send them a PM and see where that leads http://legalbeagles.info/forums/memb...ne-Company-Rep

                          Di
                          I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

                          This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


                          Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                          Comment


                          • #14
                            Re: Kafkaesque v LOWEL PORTFOLIO I LTD

                            Hi Diana

                            Thank you for your replies - much appreciated. I'll answer what I can at the moment.

                            I have sent a PM to the vodafone rep just asking if they are still around as on the profile it states Last Activity16th December 2016 15:58:PM.

                            Yesterday I posted the CPR asking Lowell's for a copy of 'the agreement'.

                            Re the claim in 2012 I only claimed for the £25 MCOL fee. It was my first MCOL and I was just happy to get my money back after countless wasted hours trying to deal with the outsourced/off shored/tax-dodging/kafkaesque behemoth aka Vodafone.
                            I felt this was the only way and was relieved it actually worked in getting my money back so no I didn't ask for any compensation.

                            Is there a template for an SAR please? Can I email it to Vodafone?

                            Also(except the CPR) I don't feel I can start communicating with Lowell's without access to the 2012 claim... without evidence it isn't going to matter what I say is it?

                            Thank you again for your advice.
                            Last edited by kafkaesque; 14th March 2017, 10:55:AM.

                            Comment


                            • #15
                              Re: Kafkaesque v LOWEL PORTFOLIO I LTD

                              Originally posted by kafkaesque View Post
                              I have sent a PM to the vodafone rep just asking if they are still around as on the profile it states Last Activity16th December 2016 15:58:PM.
                              That's why I suggested a PM because in theory that should trigger an email alert to Lee at Vodafone.

                              If you make contact you can ask him to provide you with information about the closure of your account following the claim being discontinued (if it was discontinued) in 2012.

                              I can see he's helped a couple of other members with Lowell claims in the past.

                              You can tag him so he'll see a link to your thread >
                              @Lee Vodafone Company Rep

                              Di
                              I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

                              This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


                              Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                              Comment

                              Loading...

                              Resolver is a free automated complaints system that can help with all kinds of consumer complaints - including missold PPI and Package Bank Accounts.

                              make a complaint

                              upgrade to vip

                              Want exclusive access to forums, more privacy and a live chat box? Upgrade to become a bigger part of our community.

                              only £15/yr

                              Offers available. No subscription traps.

                              sign up now
                              Working...
                              X