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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 ?
    ďWe may not win by protesting, but if we donít protest we will lose. If we stand up to them, there is always a chance we will win.Ē Hetty Bower

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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.

    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

  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.

    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

  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.

    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

  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.
    ďWe may not win by protesting, but if we donít protest we will lose. If we stand up to them, there is always a chance we will win.Ē Hetty Bower

    ****If you upload documents to your thread, please ensure you have redacted any personal data FIRST***

    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.
    ďWe may not win by protesting, but if we donít protest we will lose. If we stand up to them, there is always a chance we will win.Ē Hetty Bower

    ****If you upload documents to your thread, please ensure you have redacted any personal data FIRST***

    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.

    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

  17. #42
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    Default Re: Kafkaesque v LOWEL PORTFOLIO I LTD

    Morning Diana

    I haven't been so well so sorry for lack of updates.
    So using the date calculator from your 33 days I make the deadline Saturday 8th April? Is that correct.

    I plan on pasting my defence here later today - would you be able to look it over please before I file it?

  18. #43
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    Default Re: Kafkaesque v LOWEL PORTFOLIO I LTD

    Quote Originally Posted by kafkaesque View Post
    I plan on pasting my defence here later today - would you be able to look it over please before I file it?
    I think it's wise to file a Defence to protect your legal position. The court will then send a copy of it to the Claimant.

    If you post it on your thread someone will take a look at it for you. Remove any details which could identify you first.

    Have Vodafone given you the background information you need?

    Depending on what you discover you may wish to invite Lowells to discontinue the claim. If you file your Defence before you do that then they won't be able to re-issue the claim without permission of the court if they do decide to Discontinue.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes 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

  19. #44
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    Default Re: Kafkaesque v LOWEL PORTFOLIO I LTD

    Thanks.

    No info from Vodafone vet - Lee just keeps emailing me twice a week with "your complaint remains under investigation"

    Could you please confirm the deadline of 8th April from the 6 March issue date is correct please?

    Last edited by kafkaesque; 31st March 2017 at 10:03:AM.

  20. #45
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    Default Re: Kafkaesque v LOWEL PORTFOLIO I LTD

    8th April It is

  21. #46
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    Default Re: Kafkaesque v LOWEL PORTFOLIO I LTD

    Thank you.

  22. #47
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    Default Re: Kafkaesque v LOWEL PORTFOLIO I LTD

    Defence:


    1 I dispute all of this claim


    2 I agree I entered into an agreement with Vodafone as per paragraph 1 of the Particulars of Claim.


    3 Paragraph 2 of the Particulars of Claim is denied.


    4 I deny receiving notice of the agreement having been assigned to the Claimant as per paragraph 3, or receiving repeated requests for payment as per paragraph 4, of the Particulars of Claim.


    5 The facts relating to this matter as I believe them to be are as Follows:
    a) I returned the phone in I believe, 2012 as I didn't like it and it didn't work properly.
    b) I then sought to recover monies I had already paid under the agreement including the cost of the phone, given that I was no longer in possession of it. As Vodafone were unwilling even to discuss reimbursement, I actually had to issue an MCOL claim against them: MCOL REF MC000xxxxxxx.
    c) Vodafone legal team investigated and settled this claim and I was refunded the amount I had paid + claim costs


    6 I have contacted Vodafone in relation to these matters but they have failed to conclude their investigations so as to locate details of the previous MCOL claim, to include details of the settlement that they agreed to, and the monies that they paid to me.


    7 I have contacted both the MCOL and CCBC help-desks to try to obtain full details of my MCOL claim against Vodafone. However the claim has been archived and for it to be retrieved the claim number is needed, which understandably I have not retained.


    8 Presently the issue has been passed to the CCBC technical team to see if they can obtain the claim number from the MCOL login details.


    9 As far as I am concerned I correctly returned the phone and terminated the agreement in 2012 and Vodafone accepted this when they settled the 2012 MCOL claim.


    10 Given all of the above I deny being liable to the Claimant at all, and in any event, as the issue has already been the subject of a previous claim which was settled in my favour, this present claim is an abuse of the Court process.


    11 It is unclear how long it will take the CCBC (or Vodafone) to locate the details of the previous claim. I therefore respectfully request a 2 month stay of these proceedings to enable me to provide these to the Court and the Claimant.


    12 I expect that once the Claimant receives details of the previous claim this present claim will be withdrawn and the Claimant will agree to pay my wasted costs, failing which I will request that the Claim be struck out and the Claimant to pay such wasted costs.


    Further information to assist the Court:
    At this time I would also make the Court and the Claimant aware that I am presently signed off with depression from my employment, and that as a result of my illness am struggling to deal with these proceedings. I trust that the matter can be resolved as quickly as possible.

  23. #48
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    Default Re: Kafkaesque v LOWEL PORTFOLIO I LTD

    Bump. Is this defence OK?

  24. #49
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    Default Re: Kafkaesque v LOWEL PORTFOLIO I LTD

    Could anybody give this a quick read through please? I had some help from an old friend but its not his area of expertise.
    I plan on filing this in MCOL TOMORROW Thanks

  25. #50
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    Default Re: Kafkaesque v LOWEL PORTFOLIO I LTD

    @nemesis45 @Amethyst ... what do you think??
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

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