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Thread: Kafkaesque v LOWEL PORTFOLIO I LTD

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  1. #26
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    Default Re: Kafkaesque v LOWEL PORTFOLIO I LTD

    Vodafone may still have some records of the claim and settlement so try giving them a call - get your SAR sent off asap - if they can't help on the phone then that should show something up. You won't need it till later your defence can just state what happened. Have you made a start in drafting the defence ? Post on here as you go and we'll give you a hand. You've already written a timeline so that's a good start.

    Oh btw could the court give you the claim number for the original claim ?
    “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 advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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  2. #27
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    Default Re: Kafkaesque v LOWEL PORTFOLIO I LTD

    No claim number - as its older than 3 years it doesn't show to front office, only back office - who you can't speak to, but I have emailed my request for information.

    I have sent vodafone SAR today.
    Is it possible to SAR MCOL too? Just as a back up - in case I hear nothing?

    Is it possible I can get a no win/no fee solicitor involved?

    Why is it me who has to prove I'm innocent rather than them proving i'm guilty? I thought that was just tax issues...?

    Also how can MCOL only keep records for 3 years when most claims will need to be kept for 6?

  3. #28
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    Default Re: Kafkaesque v LOWEL PORTFOLIO I LTD

    Quote Originally Posted by kafkaesque View Post
    Wow this unbelievable. Just spoken to MCOL who say they don't keep claims longer than 3 years and the information I was told last week is incorrect. The only way is to email in and they "might" be able to give info after 10 working days..." think I'm about done with this - such bullshit. No wonder 90% are undefended.
    A short while ago I phoned NCCBC re a claim (for a friend, who is the Defendant) which has been stayed for over 4 years.
    They had some info on computer, but couldn't find the paperwork file; they said that if over 3 years & no 'movement' on the case, they usually archive it.
    They put in a request for an archive search. Twice.
    It is still awol.......
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  4. #29
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    Default Re: Kafkaesque v LOWEL PORTFOLIO I LTD

    Have you checked your CRA file to see if it's showing on there as settled or satisfied or even defaulted?

    If the claim was concluded in 2012 the account should still be there unless Vodafone agreed to remove the whole entry as part of your settlement with them.

    Just a thought, because what you're looking for is some tangible evidence that the "debt" no longer exists so can't be enforced in court.

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

  5. #30
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    Default Re: Kafkaesque v LOWEL PORTFOLIO I LTD

    HI Di

    Sorry what's CRA?

  6. #31
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    Default Re: Kafkaesque v LOWEL PORTFOLIO I LTD

    Also whats the worst case timescales with this? if I get a CCJ and I don't pay how long before the bailiffs come knocking? Or actually a high court order gaining entry?
    The reason I ask is I'm ill and getting really tired of this really quickly (which is what they want I guess) but as I plan to leave the UK in the next year is it worth wasting any more time on this?

  7. #32
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    Default Re: Kafkaesque v LOWEL PORTFOLIO I LTD

    Quote Originally Posted by kafkaesque View Post
    HI Di

    Sorry what's CRA?
    Sorry it stands for Credit Reference Agency such as Equifax or Experian (Noddle is free but doesn't always show everything).

    You can do this online in a nanosecond.

    If the entry is not showing then it won't give you proof that it was settled though because you're looking for something to show it was settled (if you follow me).

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

  8. #33
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    Default Re: Kafkaesque v LOWEL PORTFOLIO I LTD

    Quote Originally Posted by kafkaesque View Post
    Also whats the worst case timescales with this? if I get a CCJ and I don't pay how long before the bailiffs come knocking? Or actually a high court order gaining entry?
    The reason I ask is I'm ill and getting really tired of this really quickly
    I can see this is upsetting and has brought back bad memories, you but once you've got some proof to present to Lowells and/or the court you'll begin to feel things are working for you not against you.

    I don't foresee bailiffs knocking on your door.

    If you file a Defence (the forum will help you to compose it) then you will be offered free telephone Mediation if the Claimant decided to continue with the proceedings. But if your Defence is strong (and you believe it is) then they may discontinue the claim once they read it.

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

  9. #34
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    Default Re: Kafkaesque v LOWEL PORTFOLIO I LTD

    OK thanks DI.

    I can try I guess but these CRA are normally useless as I moved around so much and in/out the UK.
    I also can't see the point if I have chat records from vodafone which say I owe the money. Why would they update the CRA file if they still think I owe them and then sell the debt to lowell?
    I think the odds of them updating the CRA file with the 2012 settlement (or payoff or whatever it was) are less than a nanosecond

  10. #35
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    Default Re: Kafkaesque v LOWEL PORTFOLIO I LTD

    I reckon a call to Vodafone might help - if this is the same debt as the contract you cancelled and got refunded for, then Vodafone have cocked up by keeping it on their system when it should have been cancelled and removed - could just be a communication error between legal and accounts - worth a try speaking to them.
    “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 advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors and Legal Services Providers offering fixed fees on our sister site - LBcompare.co.uk

  11. #36
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    Default Re: Kafkaesque v LOWEL PORTFOLIO I LTD

    Wow the lowest trustpilot score ever (?) https://uk.trustpilot.com/review/www.vodafone.co.uk

  12. #37
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    Default Re: Kafkaesque v LOWEL PORTFOLIO I LTD

    ooo that's not good. I've never used them. Good decision it seems.
    “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 advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors and Legal Services Providers offering fixed fees on our sister site - LBcompare.co.uk

  13. #38
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    Default Re: Kafkaesque v LOWEL PORTFOLIO I LTD

    Hi kafkaesque,

    I've just replied to your message.

    Thanks,

    Lee

    Social Media Operations

    Vodafone UK
    I am an official company representative of Vodafone UK.

    LegalBeagles has given permission for me to post in response to queries about the company, so that I can help resolve issues.

    This does NOT imply any form of approval of my company or its products by LegalBEAGLES.

  14. #39
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    Default Re: Kafkaesque v LOWEL PORTFOLIO I LTD

    Great! Thank you. I have emailed you all private info - shout if you need more.

  15. #40
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    Default Re: Kafkaesque v LOWEL PORTFOLIO I LTD

    Hi kafkaesque,

    I've got your email and I'll get back to you as soon as possible.

    Kind regards,

    Lee

    Social Media Operations

    Vodafone UK
    I am an official company representative of Vodafone UK.

    LegalBeagles has given permission for me to post in response to queries about the company, so that I can help resolve issues.

    This does NOT imply any form of approval of my company or its products by LegalBEAGLES.

  16. #41
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    Default Re: Kafkaesque v LOWEL PORTFOLIO I LTD

    How's this going?

    You need to keep an eye on your Defence filing deadline. It's 33 days from the claim Issue Date.

    The court won't know you've been liaising with Vodafone so the timetable continues regardless.

    You may need to keep Lowells in the loop too.

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

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