Court Claim - lowell portfolio / vodaphone - 4-9-2017

[bigty584]

Re: Court Claim - lowell portfolio / vodaphone - 4-9-2017

Thanks for your help.

Yes I asked for the agreement but not the t+c's as I thought they would have come with the SAR.

I didnt state the fact I'd not had a response from Lowell in my defence as for some reason I thought it was just a basic starting defence and that I would get the chance to put a proper defence in for court once I'd received SAR back. Is this not the case?

Worried now

[charitynjw]

Re: Court Claim - lowell portfolio / vodaphone - 4-9-2017

A SAR is for disclosure of all data held relating to (or that is capable of identifying) a (living) person.

T&Cs are often generic & so do not specifically link to any particular person.....there are exceptions of course.

Without sight of the filed defence it is difficult to comment.

[bigty584]

Re: Court Claim - lowell portfolio / vodaphone - 4-9-2017

Hi again i've left this a bit late again but ive had an email from vodafone confirming the termination fee has now been wiped off my account as i shouldnt have been given a new contract as i was still in debt with my old one, and i now only owe about £230. Do you think i should say yes to mediation and then agree to pay the £230 or do Lowell have to put in a new claim for the new amount? Ive not spoken to Lowell so i dont think they know that vodafone have wiped the 750. Got to send my mediation copies out tomorrow so i could do with some quick help guys??

[bigty584]

Re: Court Claim - lowell portfolio / vodaphone - 4-9-2017

Sent mediation letter back and copies to everyone.

In the meantime I've been emailing Vodafone and now got the balance down to £165. They are saying I can pay them the money and the matter will be resolved. Does this mean Lowell dont even own the account? They never mention Lowell in any correspondence so I'm wondering how Lowell can take me to court if Vodafone are still dealing with the account?

Any advice please?

[bigty584]

Re: Court Claim - lowell portfolio / vodaphone - 4-9-2017

?????

[Amethyst]

Re: Court Claim - lowell portfolio / vodaphone - 4-9-2017

Can you get a letter / email from Vodafone confirming their original error and the new balance of £165 ? You'll want it confirmed in writing anyway before you paid anything, then you can bring it up at mediation if you get to that. You also want to discuss with Vodafone that they have sold the account on to Lowell and will need to recall it from them, and inform Lowell that the claim needs to be discontinuing. If they won't / can't do that you will need to use all of that as your defence ( you can expand in witness statements if need be ) but asking Vodafone what they are doing to sort it out and get it confirmed in writing will help you.