Kafkaesque v LOWEL PORTFOLIO I LTD

[Amethyst]

Re: Kafkaesque v LOWEL PORTFOLIO I LTD

I've given VF a nudge on Twitter - I haven't heard from Lee for a while so will ask them if he is still doing the social media stuff and if not see who the contact should be now.

[Amethyst]

Re: Kafkaesque v LOWEL PORTFOLIO I LTD

On the SAR it is best in writing as you will need to include a £10 max stat fee. Some examples http://legalbeagles.info/forums/show...n&goto=newpost which will want amending to suit what you need. Usually it's a good idea to simply go all encompassing though.

[kafkaesque]

Re: Kafkaesque v LOWEL PORTFOLIO I LTD

Thank you @Amethyst thats very helpful.

Re the SAR when I search for vodafone on ico register it brings back 12 records - I have googled it and I will send to Vodafone limited.
If I don't have a cheque book nor use cheques can I get my partner to write a cheque for the £10 fee?

Also 40 days deadline is way past the court deadline....

[Amethyst]

Re: Kafkaesque v LOWEL PORTFOLIO I LTD

Yes that'd be fine, or get a Postal Order from the post office. I don't have a cheque book anymore either so I use postal orders if I have to.

Past the court deadline is okay, it will come back before you need to get down to any nitty gritty with Witness Statements/ Evidence etc - and you have enough information to put in your defence with the previous claim and the complete dispute over the debt. The court are sending you the old info aren't they ? or are they actually joining the claims together.

On the original claim, we do need to know whether it went to judgment, or if Vodafone just paid up when you issued the claim and you discontinued before they defended / admitted the claim through the court ?

[kafkaesque]

Re: Kafkaesque v LOWEL PORTFOLIO I LTD

Thanks again. MCOL are moving my 2012 claim to my new MCOL account as I couldn't access my old one. they have had two working days now so will phone them tomorrow - I currently can't see the 2012 claim just lowells claim against me.
I can't remember the specific details from 2012 so will have to wait until I can access my old claim before I can answer your question.

Speaking of which - Lowell - I take it you are reading this - feel free to drop me a pm if you want to avoid lots of costs and wasting your time...Thanks! Or maybe you don't care as still billable to Vodafone?

[Amethyst]

Re: Kafkaesque v LOWEL PORTFOLIO I LTD

Nah it's not billable to Vodafone, they bought your debt outright, so they bear the costs of collection They may be able to return it to VF for a refund of the 9% or so they likely paid for it though.

If you are ringing the court tmw and you don't remember, ask them if you withdrew/discontinued the claim or if it went to judgment.

[kafkaesque]

Re: Kafkaesque v LOWEL PORTFOLIO I LTD

Gosh only 9%? Thats a serious ROI if you can get payment.

Is my case something you lawyers call "estoppel"?

[Diana M]

Re: Kafkaesque v LOWEL PORTFOLIO I LTD

Facts of the matter:

2012
a) I returned the phone in I believe, 2012 as I didn't like it and it didn't work properly.
b) I then had a kafkaesque experience for weeks so in the end I actually had to issue a MCOL against vodafone
c) Vodafone legal team investigated and settled this claim and I was refunded the amount I had paid + claim costs

. . . . I feel I haven't done anything wrong I returned the phone, vodafone settled my original MCOL and I thought this was the end of the matter.

Can I make a counterclaim with all the stress and time I have had to waste on their mistake?

Can you clarify something.

According to your first post it was you who issued a claim against Vodafone and not the other way round. Is that correct?

If it is then was it you who discontinued the claim? Or did you obtain a CCJ against Vodafone who settled it within a calendar month to avoid a CCJ on the business' record without admitting any liability ?

This is important because it may impact on how you present the 'abuse of process' argument in these proceedings and any thoughts of making a counterclaim for the stress you suffered when making claim against them.

So what was the basis of your claim against Vodafone?

Were you contesting Vodafone's right to charge you line rental because the handset supplied which was included in the contract was substandard etc? Did you contend that they had broken the terms of your contract which possibly hadn't expired at the time of your claim?

Did Vodafone settle with a 100% payment of the amount you claimed or was there a compromise (prior to any CCJ) ?

Di

[kafkaesque]

Re: Kafkaesque v LOWEL PORTFOLIO I LTD

According to your first post it was you who issued a claim against Vodafone and not the other way round. Is that correct?
YES

If it is then was it you who discontinued the claim? Or did you obtain a CCJ against Vodafone who settled it within a calendar month to avoid a CCJ on the business' record without admitting any liability ? Sorry can't remember - just got a cheque through the post. I will need to access my 2012 claim - which I am still waiting for access.

So what was the basis of your claim against Vodafone?
IIRC it was that I had the tracking number proof that they had received the phone I had returned.

Were you contesting Vodafone's right to charge you line rental because the handset supplied which was included in the contract was substandard etc? Did you contend that they had broken the terms of your contract which possibly hadn't expired at the time of your claim? I can't remember specifics just the phone was crap and I returned it. All Vodafone CS said they hadn't received it. I issued a MCOL and vodafone legal sorted it. But let me check against the 2012 claim when I am granted access. I'll be chasing MCOL on the phone tomorrow.

Did Vodafone settle with a 100% payment of the amount you claimed or was there a compromise (prior to any CCJ) ? IIRC it was 100% + £25 claim fee.

[kafkaesque]

Re: Kafkaesque v LOWEL PORTFOLIO I LTD

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.

[Amethyst]

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 ?

[kafkaesque]

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?

[charitynjw]

Re: Kafkaesque v LOWEL PORTFOLIO I LTD

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.......

[Diana M]

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

[kafkaesque]

Re: Kafkaesque v LOWEL PORTFOLIO I LTD

HI Di

Sorry what's CRA?