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Lowell Vodafone Court Claim

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  • #16
    thank you Â*
    #staysafestayhome

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

    Received a Court Claim? Read >>>>> First Steps

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    • #17
      Thank you Amethyst very much appreciated, one area of the CCA i just require confirmation as to which section to quote, as follows;

      14. On the 25th January 2018 I sent a formal request for a copy of the original agreement to Lowell Portfolio 1 Ltd pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

      15. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

      Another interesting point is that on their copy letter dated 21st August 2015 saying that Vodafone had sold the account to Lowell the figure owed is £1209.47. Yet the Claim Form states £1190.47? Could this anomaly be rather significant?

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      • #18
        Thank you for highlighting that jaguarsuk

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        • #19
          You can just take out the square brackets and name both of them, or stick with s77 which is for loans ( which it would fall under if there was a credit agreement for a handset purchase )

          ( limitations act is 1980 - just as I was thinking how I put the wrong date there ! have corrected it now )
          #staysafestayhome

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

          Received a Court Claim? Read >>>>> First Steps

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          • #20
            Received standard response to SAR from Vodafone, requesting proof of identity and saying that they are therefore returning my form and payment of £10, guess what nothing is enclosed with their letter so they still have my £10 postal order, am I better off cancelling the postal order and losing out on the fee or resending my original request, with id and stating that payment has already been made, have a feeling that the 40 day response time could turn into many more, if my payment is floating in their system.
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            SHORTCUTS


            First Steps
            Check dates
            Income/Expenditure
            Acknowledge Claim
            CCA Request
            CPR 31.14 Request
            Subject Access Request Letter
            Example Defence
            Set Aside Application
            Directions Questionnaire



            If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





            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.




            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.
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