** DISCONTINUED ** Late defence.

[nukeproof]

Would just like to note that I have received a letter from Lowell Solicitors this morning stating that, "Our client has instructed us to discontinue this claim".

I have been served with a notice of discontinuance, as have the courts.

I would like to thank this website and its members, without which I wouldn't have had the knowledge to refute this claim.

Adam

[warwick65]

Fantastic news well done

[Amethyst]

Would just like to note that I have received a letter from Lowell Solicitors this morning stating that, "Our client has instructed us to discontinue this claim".

I have been served with a notice of discontinuance, as have the courts.

I would like to thank this website and its members, without which I wouldn't have had the knowledge to refute this claim.

Adam

That's good news Adam. Congratulations... shame they left it hanging for so long, but good they have dropped it without further hassle to you

[nukeproof]

Well, I received a letter dated 20/05/2018 from o2 explaining that I owe them 443.01 (half the price of the original claim, which I can only assume is the same case) due to an account that was closed by them on the 30/04/2018.

This letter explains that the debt has been on to, you guessed it, Lowell Portfolio LTD. The letter is also accompanied by a letter from Lowell themselves, providing me with a fresh account number and explaining on what I owe (airtime/call charges) and how to pay.

I am under no disagreements that I do have an outstanding balance with o2. However, look what would have happened if I had given into bully tactics and bowed down and payed double the balance stated by the original claim (which I can only assume is part of the same contract).

My guess is that this balance has been separated and broken away from the provision of hardware part of the contract that is covered by the CCA which I challenged and defeated).

So now I'm pondering, and wondering if any of you lovely people can provide me with any advice on what steps I could take into responding to this fresh claim.

Thanks very much in advance.

I can provide any more information on request.


Kind regards,

Adam

[Amethyst]

I'd get a Subject access request in to O2 to see exactly what the position was with this contract - if this were the same case they can't only now be assigning it to Lowell.... and if this is the same case they can't just bring it again as they discontinued after you had filed your defence, they'd need to apply for permission from the court first.

Have you only ever had the one contract with O2 ? Was the original claim for both the device credit loan and the airtime ?

[nukeproof]

1. I believe that this is the only account with o2 in which I have defaulted. I am confident in my intuition that both of these separate claims are in relation to the same account.

2. Yes

I believe it was discontinued as Lowell solicitors rejected my CCA request which is where they shot themselves in the foot as it was noted in the first particular of claim, which I then used in my defense. Bare in mind that I payed a good chunk of the contract before I fell upon hardship and was unable to keep up payments.

The problem I see now is that the new account with Lowell has a completely new reference as if they're unrelated.

So you're saying to contact o2? I will look into subject access.

o2 also note in their letter that any questions or payments should go to Lowell.I'm guessing that if/when I do contact o2 I should keep Lowell up to date.

Thanks for the quick reply,



Adam

[Amethyst]

SAR letter example - http://legalbeagles.info/library/gui...ccess-request/

You could send one to Lowell as well.

[nukeproof]

You're a gentleman.

[Amethyst]

I've just unapproved your letter post as it had your personal details on. Amended a bit;


Dear xxxxxxxxxx

ADDRESS INFO

Please supply the data about me that is held by Vodafone that I am entitled to under data protection law.

I am entitled to any data you possess concerning any and all accounts previously and currently held by Vodafone that are related to myself, xxxxxxxxxxxxx. In particular I require all data held regarding

Original Account No: xxxxxxxxxxxxxx (quoted from your correspondence dated 20^th May 2018) and

accounts that may have been passed on to Lowell Portfolio referenced 248353203 and 292232352. This data should include, but not be limited to, all transaction data, screen notes, telephone calls, letters, applications and copies of agreements/letters.

If you need any more information from me, or a fee, please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.

If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Their website is ico.org.uk or they can be contacted on 0303 123 1113.

Yours faithfully

[nukeproof]

My mistake. Very naive of me.

Here is a censored version if it is of any interest to you.

Thanks,

Adam

[nukeproof]

I've just unapproved your letter post as it had your personal details on. Amended a bit;


Dear xxxxxxxxxx

ADDRESS INFO

Please supply the data about me that is held by Vodafone that I am entitled to under data protection law.

I am entitled to any data you possess concerning any and all accounts previously and currently held by Vodafone that are related to myself, xxxxxxxxxxxxx. In particular I require all data held regarding

Original Account No: xxxxxxxxxxxxxx (quoted from your correspondence dated 20^th May 2018) and

accounts that may have been passed on to Lowell Portfolio referenced 248353203 and 292232352. This data should include, but not be limited to, all transaction data, screen notes, telephone calls, letters, applications and copies of agreements/letters.

If you need any more information from me, or a fee, please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.

If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Their website is ico.org.uk or they can be contacted on 0303 123 1113.

Yours faithfully

Thanks for the amendment.

Could I, potentially speaking, serve a copy of the same letter on Lowell for reference?

Thanks,

Adam.

[Amethyst]

Yes of course