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Lowell trying to give me CCJ

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  • #31
    Is the form you have received a N181 Directions Questionnaire- and is it from the court for you to complete - or the claimants completed copy ?
    #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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    • #32
      Originally posted by Ola2019 View Post
      This matter relates to an agreement with Vodafone, for a mobile number xxxxxxxxxxx, taken out on 1 November 2015, your last payment of £70 was made on 3rd March 2017, as you failed to make further payment on the outstanding balance, the account was suspended.

      Please find enclosed the copy of the notice of agreement dated 14 September 2018 confirming that your account was assigned to Lowell portfolio 1 Ltd on 30 August 2018.

      Our client have requested a copy of the statement for this account in order to further substantiate your liability, and we are currently awaiting receipt of the same.
      As such, there may be a short delay in sending you this but we will send it in due course.

      Unfortunately our client, having taken assignment of the material debt, cannot obtain the copy of agreement. Mobile airtime providers often do not retain these because they are not agreement for credit. As such the consumer credit act 1974 does not apply and they do not therefore anticipate having to produce them. However in this case we believe other evidence such as the statement will be sufficient to satisfy the court on the Blanche of probabilities that such agreement existed and that the debt is valid and due. If the matter proceeds to court, our client therefore will now ask the court to make the findings on that basis.

      our client is keen to resolve this matter amicably and to avoid further legal action which would incur further costs and fees. Our client, therefore will be willing to consider a reasonable payment proposal. If you wish to put forward a payment offer in order to avoid the matter going to hearing, we ask that you provide details of a reasonable total amount that you can pay, an instalment amount that is affordable and the date you will like payment to commence for our client to consider.

      if you are at all unclear please seek independent advise from a solicitor of your choosing.

      we look forward to hearing from you.
      So far then they have only sent a copy of a notice of assignment - is that the one from Vodafone or from Lowell ? ( should be two )

      As the claim is for termination and basically payment for the remainder of the term of the contract then they should provide it so show you had agreed terms that you had to pay for the full, say, two years, even if you defaulted sooner.

      Did you send a SAR to Vodafone as well ?
      #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

      Comment


      • #33
        always agree to mediation as courts would frown on saying no = save as to courts time.

        Comment


        • #34
          Thank you guys for the quick response you are giving, May all that concern you be blessed.

          As for the letter that cane through the post, the Direction of Questionnaire is from Lowell solicitors cause it also say they have sent a copy to the court which I should receive from the court my copy to fill out and return to the court soon. They also gave an option of talking to them directly which I don't want to. So is it ok to just wait on the court Direction of Questionnaire?

          Regarding the notice of agreement, it is a letter from Lowell and I haven't received anything yet from Vodafone direct, so I need to ask for more details or what do you think?

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          • #35
            Please don't mind my typos, I am at outdoor worker and it's really cold out here.

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            • #36
              Yes it is a little chilly !

              I'd just wait now till your receive the Directions Questionnaire from the court.

              If you sent a SAR to Vodafone then yes it might be worth chasing them up while you wait.
              #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

              Comment


              • #37
                I sent SAR request to Vodafone online so how do I chase them? Call then or go online and send again.

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                • #38
                  Hello house, compliments of the season. I recently received an email from Vodafone saying they didn’t get my ID and proof of address. I will resubmit the SAR request and see what they are saying again. Also I still haven’t received the court Direction of Questionnaires, although I am still waiting on it to come so I can get advice on what to do next. Thanks so much and hope everyone have a beautiful Christmas and New year.*

                  Comment


                  • #39
                    Happy New Year to everyone, I have received the please Direction Questionare from the court now, I intend to agre me to mediation but I want to ask what I need to do please.

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                    • #40
                      I have filled the form that came on the post, do I have to do a copy and send to Lowell as well? There is a part that says I should serve to other parties involved after returning to the court.

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                      • #41
                        Guys please don’t ignore me, I am lost here please

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