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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Vodafone/Lowell***Complaint resolved***


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Hello everyone, *again*.

 

After having closed down both our mobile phone contracts with Vodafone in November 2007 due to us not being able to get a signal in the house, rendering the phones unusable, I have today received demands for payment from the credit dept. of Vodafone.

 

I still have the letters sent to Vodafone in Sept. and Nov. 2007 giving 30 days' notice - the 18-month contracts had been fulfilled and paid for - as well as the second letter I had to send on one account, drafted for me by Consumer Direct, quoting The Supply of Goods and Services Act 1982.

 

They threaten us with those clowns at Lowell if we don't pay a debt - they want approx. £40 - we don't owe. Interesting, as I have recently CCAd Lowell on two different old debts.

 

Can anyone please direct me to a template letter or advise on what I should do next?

 

Many thanks in advance

hope you're all well

H.xx

 

PS I have just noticed that these demands have not come on proper Vodafone stationery - the logo is photocopied.

Edited by MARTIN3030
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That the birds of worry and care fly above your head, this you cannot change. But that they build nests in your hair, this you can prevent. --- Chinese proverb

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I'm not sure if there's a template letter for this situation but if I were you I'd send copies of the letters you mention with a cover stating that you do not acknowledge any debt based on etc etc

You may find that your post gets a vist from "Lee vodafone", he works for them and has been very helpful to others

Good luck

R

[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

------------------------------------------------------------------------------------------

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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Hello everyone, *again*.

 

After having closed down both our mobile phone contracts with Vodafone in November 2007 due to us not being able to get a signal in the house, rendering the phones unusable, I have today received demands for payment from Stefan in the credit dept. of Vodafone.

 

:confused: :confused:

 

I still have the letters sent to Vodafone in Sept. and Nov. 2007 giving 30 days' notice - the 18-month contracts had been fulfilled and paid for - as well as the second letter I had to send on one account, drafted for me by Consumer Direct, quoting The Supply of Goods and Services Act 1982.

 

They threaten us with those clowns at Lowell if we don't pay a debt - they want approx. £40 - we don't owe. Interesting, as I have recently CCAd Lowell on two different old debts.

 

Can anyone please direct me to a template letter or advise on what I should do next?

 

Many thanks in advance

hope you're all well

H.xx

 

PS I have just noticed that these demands have not come on proper Vodafone stationery - the logo is photocopied.

 

I missed this before, seems strange that your letters do not appear to be on proper Vodafone headed paper :confused: . . I'm 100% sure no one would be attempting to pull a fast one here . . hmmm yeh right says the cynic in me :rolleyes:

 

Lets see what happens

 

R

Edited by MARTIN3030
see below

[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

------------------------------------------------------------------------------------------

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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Well I wish he'd make up his mind. Is he Credit Manager or COD?:confused:

 

Thanks again, cerebusalert and Revenant. Have sent email to Vodafone Customer Service (which was always poor even when we were paying them)... I just can't believe I have to deal with these people again when they were paid up over two years ago!

Edited by MARTIN3030
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That the birds of worry and care fly above your head, this you cannot change. But that they build nests in your hair, this you can prevent. --- Chinese proverb

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Update:

 

I have just looked up the address these so-called letters from Vodafone came from - POB 511, Bradley Stoke, Bristol BS34 9BH -

 

It's actually Lowell Financial *pretending* to be Vodafone!!!! Hence the photocopied logo.

 

Isn't that illegal?

Edited by Hwyl56

That the birds of worry and care fly above your head, this you cannot change. But that they build nests in your hair, this you can prevent. --- Chinese proverb

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Update:

 

I have just looked up the address these so-called letters from Vodafone came from - POB 511, Bradley Stoke, Bristol BS34 9BH -

 

If you still have the envelopes see if the return address is the same or one of the other po box alias's they use

 

It's actually Lowell Financial *pretending* to be Vodafone!!!! Hence the photocopied logo.

 

Isn't that illegal?

 

I think you need to bring this to the attention of TS/OFT/Vodafone, another bit of trickery from Lowell :x

 

 

I'm sure that's got to come under misrepresentation of some kind

R

[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

------------------------------------------------------------------------------------------

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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Thanks again, R. I'm sure this is all because we've got Lowell by the short & curlies on some other stuff....:grin::grin:

That the birds of worry and care fly above your head, this you cannot change. But that they build nests in your hair, this you can prevent. --- Chinese proverb

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Hi Hwyl

Please find below what I think are possible breaches in this situation for Lowell have presented letters that are supposed to come from Vodafone, might be worth starting to throw some stuff back thier way ;)

 

CSA Code of Practice

 

1. General Conduct

Each member shall act responsibly and with

integrity in the day-to-day conduct of its

business. For example:

a) Conduct its business lawfully, comply with

all relevant UK legislation, regulation

and judicial decisions and trade fairly and

responsibly.

b) Conduct its business under a name, title or

style which will not confuse or mislead

clients, creditors, debtors or members of

the public, or which will not imply any

association with other organisations or

persons, which do not exist.

 

OFT Guidelines

 

2 UNFAIR BUSINESS PRACTICES

Communication

2.1 It is unfair to communicate, in whatever form, with consumers in an unclear,

inaccurate or misleading manner.

 

2.2 Examples of unfair practices are as follows:

 

b. leaving out or presenting information in such a way that it

creates a false or misleading impression or exploits debtors'

lack of knowledge

 

c. those contacting debtors not making clear who they are, who

they work for, what their role is, what the purpose of the

contact is

 

[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

------------------------------------------------------------------------------------------

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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Cheers, Revenant, shall use all that in my letter.:)

 

ODC, thank you - but I don't believe dcas are allowed to pretend to be a member of staff of another company. That's misrepresentation, as R. says.

 

How dumb do you have to be to work for/run Lowell, anyway? Like these kinds of tactics are going to make me pay money I don't owe.

That the birds of worry and care fly above your head, this you cannot change. But that they build nests in your hair, this you can prevent. --- Chinese proverb

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Lowells are not actually pretending to be Vodafone if Vodafone give them permission to use a letter and letterheading from them. There are loads of other threads where DCAs have done the same.

 

In my case Worst Credit sent me a letter from a completely different bank to the one they were chasing me for. Somebody obviously loaded the wrong template in the threatomatic

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Hi Hwyl56,

 

So that I can make sure your email gets to the Web Relations Team could you update the thread with your email reference number?

 

For clarification, Stefan is our Customer Operations Director and I'll address the issue regarding the letter with our Credit Administration Department so that they can get it amended.

 

Many thanks and as soon as I've received your email I'll come back to you as soon as I can.

 

Lee

 

Web Relations Team

 

Vodafone UK

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Ok one or two edits.

Primarily for the reason that we have a Vodafone representitive here looking into things and we should give him the chance to do that.

We should not be concerned of the past-its easy to find negatives on a Google search-we should instead be concerned with here and now.

Give Lee the opps to look into this-and then after you can make your minds up.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi Hwyl56,

 

So that I can make sure your email gets to the Web Relations Team could you update the thread with your email reference number?

 

For clarification, Stefan is our Customer Operations Director and I'll address the issue regarding the letter with our Credit Administration Department so that they can get it amended.

 

Hmmm . . I'm afraid to say that I read the comment above as at least partial acknowledgement that Vodafone know Lowell are sending out letters misleading people by using "Vodafone paper", IF Vodafone do not know or condone Lowell's behaviour how can they get the letter amended :confused:

 

Many thanks and as soon as I've received your email I'll come back to you as soon as I can.

 

Lee

 

Web Relations Team

 

Vodafone UK

 

It will be interesting to see what Lee can dig up on this one

 

R

Edited by Revenant

[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

------------------------------------------------------------------------------------------

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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So that I can make sure your email gets to the Web Relations Team could you update the thread with your email reference number?

 

 

Thank you, Lee. I'm not sure what you mean by email reference number. I have since had an email from Rohit Sarode at your company saying that the monies are owed, but this is incorrect. Vodafone was given one month's written notice on both phones in 2007 because

 

a) the 18 month contract was up, so on one phone the accountholder was free to go to another company

 

b) on the second phone, we couldn't get a signal in the new place we'd moved to. That 18 month contract was up as well so that phone was cancelled on one month's notice.

 

Both accounts were paid up. Vodafone wanted an extra month's payment but that's ridiculous.

 

It has been over two years since this was settled, Vodafone has had our new address all this time. Why are we being harassed now, and under false pretences? It is my understanding that if there were a problem we should get a letter first from Vodafone, then from a dca.

 

I am also looking into placing a formal complaint with the financial ombudsman against both Vodafone and Lowell if this is not resolved. My partner had a heart attack 2 years ago because of this sort of thing.

 

Thank you again for your assistance.

 

H.

That the birds of worry and care fly above your head, this you cannot change. But that they build nests in your hair, this you can prevent. --- Chinese proverb

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Ok one or two edits.

Primarily for the reason that we have a Vodafone representitive here looking into things and we should give him the chance to do that.

We should not be concerned of the past-its easy to find negatives on a Google search-we should instead be concerned with here and now.

Give Lee the opps to look into this-and then after you can make your minds up.

 

Thank you for your points :) though I did think the fact that I hold in my hand proof of one company pretending to be another needed highlighting.

 

The email reference number is #2161935

That the birds of worry and care fly above your head, this you cannot change. But that they build nests in your hair, this you can prevent. --- Chinese proverb

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Hi Hwyl56,

 

Cerberusalert is spot on but if you don't know what the reference is then don't worry just send me a PM with just the email address from which you emailed us from and I'll try to trace your account that way.

 

Thanks,

 

Lee

 

Web Relations Team

 

Vodafone UK

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Vodafone like all creditors are responsible for the actions of any DCAs the engage to chase debt

 

Thank you, ODC :) Really appreciate all the assistance on this thread

That the birds of worry and care fly above your head, this you cannot change. But that they build nests in your hair, this you can prevent. --- Chinese proverb

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Hi Hwyl56,

 

Cerberusalert is spot on but if you don't know what the reference is then don't worry just send me a PM with just the email address from which you emailed us from and I'll try to trace your account that way.

 

Thanks,

 

Lee

 

Web Relations Team

 

Vodafone UK

 

The email reference number is #2161935

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Hi Hwyl56,

 

I've located your details and will now be able to look into this for you. Thanks cerberusalert I saw the post just after my initial post went on and thanks for removing it so that thread makes sense again.

 

While I have a few other Caggers to get back to I will try to come back to you today.

 

Thanks,

 

Lee

 

Web Relations Team

 

Vodafone UK

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Vodafone like all creditors are responsible for the actions of any DCAs the engage to chase debt

 

 

No one is denying that ODC I would be first to agree.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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