**discontinued** county court document received have no idea what to do.

[MIKE770]

Re: county court document received have no idea what to do.

@ this stage you request only the items mentioned in the N1 court form anything else will be requested later in proceedings, send CPR Recorded Delivery


CPR 31.14 Request Letter

[whu]

Re: county court document received have no idea what to do.

thank you [MENTION=3599]MIKE770[/MENTION] and what should i put in the date to make my defence please sorry have never had anything like this.

[whu]

Re: county court document received have no idea what to do.

sorry i am unsure as to what this part is for on the cpr 31.14 am i sending a separate letter to the claimant as well and do i send a postal order for £1 to both? I'm concerned as i have read some horror storys on www that lowell tag this £1 to the account and set the statute barred timing clock again?this is the part i don't know what to do with thank you.For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, xx/xx/xxxx.

[MIKE770]

Re: county court document received have no idea what to do.

CPR to solicitors FREE

a CCA is £1.00 postal order written on back for regulation purposes only, stop reading too much into this, and goes to owners of the account

[Vodafone Company Rep]

Re: county court document received have no idea what to do.

Hi whu,

Thanks for your PM.

If you'd like me to look into the account which the claim relates to, please email me via the form here.

To access the form you'll need to enter the code WRT135.

As well as stating your query in the question box, please also quote "Legal Beagles".

Once sent, you'll receive an automated reply with a reference number. Post it on here and I'll check I've received it.

Kind regards,

Lee

Vodafone Social Media

[whu]

Re: county court document received have no idea what to do.

Good afternoon Lee,
I have sent the form but as yet have received no reference number.
many thanks
whu

[whu]

Re: county court document received have no idea what to do.

Good morning, I just wanted to ask what my next steps should be now i have sent the sar to vodafone,the cpr has been signed for by the solicitors but a worry is that the cca has not been signed for and seems to be hanging in the royal mails system, what do i have to do next as i am feeling completely overwhelmed by all of this i can't sleep and i have no clue as to what my next steps should be.

[Amethyst]

Re: county court document received have no idea what to do.

The CCA to Lowell is likely to be in their post room so don't worry, they don't always get signed for by these big companies. The CPR tells the solicitors you have sent a CCA as well so it is in the system

You have a while yet until your Defence has to go in - if the claim was dated ( issued ) 8th Jan ? so you have to the 10th Feb to do your defence ( 33 days from issue date )

Did you hear anything back from [MENTION=19723]Lee Vodafone Company Rep[/MENTION]; on this contract issue?

[whu]

Re: county court document received have no idea what to do.

Thank you [MENTION=6]Amethyst[/MENTION] i haven't heard from lee yet but i only messaged him last night so fingers crossed claim was dated the 10th of January so should be the 12th February, Should i be expecting documents from lowell or there solicitor? or will they just ignore my requests? I think i am worrying more because i just don't have any experience of how these processes work and what to expect.
many thanks whu

[Amethyst]

Re: county court document received have no idea what to do.

Completely understandable.

Well you may or may not get copies of documents from Lowell solicitors. They likely won't supply you with the agreement but might give you the Default Notice and Notice of Assignment, and a waffle about how they don't have to give you the agreement as phone contracts are exempt from part IV of the Consumer Credit Act. When they do that you can go back to them and say you require the contract and terms to effectively plead your case.

You can start drafting your defence if you want to get ahead of yourself, though don't file it yet in case documents show up.

Once you have filed your defence, it gets sent to the Claimant's solicitors who then have 28 days to reply to the court to say if they wish to proceed. If they don't the claim is put on hold - they can pick it up again at any point later once they have found the documents ( if they do).

If they reply then the court sends out 'Directions Questionnaires' which you complete and return to court, and they then allocate your case to your local court and send all the documents over there. That court then sets a hearing date and sends you details of Mediation, and when to exchange witness statements.

Every case is unique though but that's the basic's - you'd probably be looking at a hearing date in April/May time, IF you got that far along.


Do you have any recollection of the original contract, and how much the price increase was ? Just looking at their terms from May 2011 they do say under 'cancellation'

b) You may end this agreement by writing to us if:;
- we tell you that there will be an increase in the line-rental charge by more than the increase in the retail price index (worked out as a percentage) since the last line-rental increase and you write to us before the increase applies;
- we increase your charges in the UK which have the effect of increasing your total charges (based on your usage in the previous month) by more than 10% and you write to us before the increase applies; or

[whu]

Re: county court document received have no idea what to do.

Hi there were at the time many phone calls and emails between myself and vodafone and they were completely unhelpful at the time if we hadn't moved and changed email accounts i would still have all of the correspondence to go back to for reference one thing i have discovered is that lowell changed the default on my credit report and listed it at an address i had not lived at for several months. i have bank statements coming from the bank for that period to check when my last payments to vodafone were made. is there a set time for a default after payments stop? i know i never received a default notice from either vodafone or lowell.

[whu]

Just a quick question, as the first correspondence from lowell i received was dated in December and the court action was the 10th of January am i still able to negotiate a settlement?or will they want all of the claim? This is driving me mad I'm not sleeping and getting it sorted one way or another would at least be better for my health,also if a settlement could be agreed can i ask for there default be removed.Any advice greatly appreciated.
thanks.

[whu]

Amethyst nemesis45 ostell could any of you advise my next steps as per previous post as i can't seem to find my post in the court claims now since the upgrade many thanks whu.

[nemesis45]

Just a quick question, as the first correspondence from lowell i received was dated in December and the court action was the 10th of January am i still able to negotiate a settlement?or will they want all of the claim? This is driving me mad I'm not sleeping and getting it sorted one way or another would at least be better for my health,also if a settlement could be agreed can i ask for there default be removed.Any advice greatly appreciated.


thanks.

Hi,
Yes you can make an offer but it must be carefully worded But, the credit file will be marked " partially satisfied" and will remain on the file for the balance of the 6 year period from the default date. This is because the regulator the Information Commissioners Office, says that files must be up to date accurate and show the true picture of the conduct of the account......

nem

[warwick65]

Hi
Have you acknowledged the claim? If not you need to do it asap

Any letter must be headed without prejudice because if not they may take it as an admission and you may end up with a CCJ

Even a phone call, could I think, if recorded be used as an admission

If it were me< I would wait until you get a defence in and then wait for mediation when you could be in a better position to make a binding settlement offer