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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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Lowell demand payment for vodafone debt


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Good Afternoon,

 

I am new to this site and after popping Lowell in my search engine, this amazing site popped up!

After reading several posts on this forum I have plucked up the courage to post and ask for help.

 

I had a dispute with vodaphone over two years ago after been a customer with them for 15 years.

It all started when they changed their billing system and did not take payment for over 12 months and then I received a massive bill ..

 

they continued to provide service until eventually they restricted use of my sons phone (on my bill) and then after three months put it back on..

 

They eventually cut my phone off and refereed to a DCA, name escapes me now..

I received a letter last June, stating unless I contacted them my case would go to court, three weeks later.

 

I contacted them explained what happened and I never heard anymore from them until I received a letter from Lowell in May.

 

In May of this year I received my first letter from Lowell, and have since received three more, offering a 30% and a 40% discount on my debt.

The last letter received on 17 July stated that the 40% discount would apply until 31 July, before they take legal action.

 

I was so close to calling them this morning to set up a payment plan as 40% off the orginal debt of £1187.71 is a lot of money, but then I found this site.

 

I have read a lot about requesting SAR, but tbh I dont understand it.

 

Shall I ring to set up a payment plan?

if not I would be very grateful if you could advise my of the next steps.

I am worried sick that it will be sent to court.

 

Thank you in advance.

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read the letters PROPERLY

they don't say WILL anywhere!!

 

if you are getting discount letters

then odds on the debt is made of bogus contract charges till the end of the period

which are unlawful.

 

a DCA is NOT A BAILIFF

and have

ZERO legal powers

never ever blindly pay/ring or discuss your debts on the phome

 

moved to the telecom forum

 

have you moved since taking the contract out?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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are/were Vodaphone aware of your current address?

ie you had this when you moved and billing got changed to the address where you are now?

 

if yes

ignore lowells totally

unless you get a letter of claim or a court claimform

 

if no

then you need to write to lowlife in some manner informing them else you risk a backdoor CCJ to the old address you'll know nowt about.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Will Lowell next step be to issue a letter of claim?

 

Lowell's are very litigious at present so your chance of a claim form coming through the post in the future will be on the higher end of the scale.

However, as DX as already posted the final figure is made up of early termination charges and other charges along the way.

These can be used as part of your defence as well as Vodafone's payment history if a claim form ever comes through your letterbox.

 

You need to get a Subject Access Request to Vodafone straight away, the link for the SAR is here... https://www.consumeractiongroup.co.uk/forum/showthread.php?387306-Full-Subject-Access-Request-under-the-new-GDPR-2018-regime(1-Viewing)-nbsp

A SAR is free now under the GDPR so send via recorded delivery so you know when the 30 day clock starts ticking.

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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No never write to a fleecer

simply invites letter tennis.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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