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Posts posted by toofiegap

  1. yup might just do that, I am just breathing a sigh of relief now, and looking at my completely squeaky clean credit file .


    but this is the paragraph from the letter they sent me with the letter.


    In any event we have now considered the position in the light of the matters you have raised. Upon reviewe it would appear that at least part of the material debt may have well been statued barred at the time the claim was issued. Given that fact our client has made the commercial decision to discontinue the claim against you.


    yup Lowells have said that along with saying I had called vodafone to set up a payment plan. ?????????


    (hold on while I change my undies from laughing so much.)


    Seems in defeat they just do not like telling the truth.

  2. quick update, followed advise to the letter, and kept my cool LOL. and today have had a discontinuance letter from Lowells solicitors.


    So game over for them. They still tried to say it was only partially stat barred ?????


    The only thing I need to ask is yesterday I received by e mail the mediation form. Do I now ignore this or make contact with them and tell them it has been discontinued.


    Many thanks for your help, I cannot stop smiling.

  3. POC as follows:


    1) The Defendant entered into an agreement with Vodafone under account reference *********('the Agreement').

    2) The Defendant failed to maintain the required payments and the service was terminated.

    3) The Agreement was later assigned to the Claimant on 30/08/2012 and notice given to the Defendant.

    4) Despite repeated requests for payment, the sum of £343.73 remains due and outstanding.

    And the claimant claims

    a) The said sum of £343.73

    b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £0.075, but limited to one year, being £27.50

    c) Costs


    apoloies for not being very good at this, more at the time being so livid, as I followed the same methods previous with my last claim form which was discontinued back in 2009 I believe

  4. as Requested the claim form defense submitted, personal details removed


    Defence and Counterclaim

    Claim number *******

    Claimant Lowell Portfolio I Ltd

    Defendant toofiegap


    How much of the claim do you dispute?

    I dispute the full amount claimed as shown on the claim form.


    Do you dispute this claim because you have already paid it?

    No, for other reasons.



    Disputed with original owner back in March 2010 when wanting to

    cancel service and refused, behind my back renewed contract

    despite telling I would not be renewing, therefore refused to use

    due to mistreatment. No letters from claimant or agency received.

    Have not been known as 'previous name' since Jan 2012, default date on

    form incorrect. No notice of action. Disputed in full, as Lowells

    were more than aware that this was in dispute with original




    I am the Defendant - I believe that the facts stated in this form are true


  5. will sent the text later as it was done on hubby computer as mine is misbehaving badly.


    I know how bad these companies can be from reading up on them,

    and also correct me if I am wrong but I did hear from october this year the way court claims issued is changing

    ( which is probably why there are so many claims being issued at the moment.

    I havre found this.

    Bit late for me LOL as I am taking dx's advise but it may help others.



    link removed - dx

  6. claim form issued on 16th march (not recieved until 23rd march)

    claimant lowells porfolio ltd


    I know i am being stupid what is POC as for the defence


    when I acknowledged the claim I ticked defend in full ands gave the reasons. sorry for being so silly


    I am defending this due to claimant submitting no information other than claim form

    and being stat barred

  7. claim formlink3.gif issued on 16th march



    What is the value of the claim? 456.23


    Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? mobile phone


    When did you enter into the original agreement before or after 2007? 2010


    Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. lowells


    Were you aware the account had been assigned – did you receive a Notice of Assignment? no


    Did you receive a Default Notice from the original creditor? no


    Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no


    Why did you cease payments?

    the contract was missold I was refused a payg because I wanted to keep my old number as needed as solicitors were in contact about the sale of my old house and had no landline, vodafone rep told me either contract or do without.


    What was the date of your last payment? october 2010


    Was there a dispute with the original creditor that remains unresolved? yes but was met with toal ignoring.


    Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planlink3.gif? no as was not the case.


    I put in the initial defence of not reciept of paperwork, stat barred and incorrect dates.

  8. they did send a n180 not replied as yet as wanted the documentation, (only received yesterday)



    is it me (or am I barking up the wrong tree) are they trying to pull the wool over my eyes



    so according to him, (mr whiney oops riley) they can ask the courts to issue a ccj without any proof or correct information,

    whilst they have already admitted they do not have these documents as are awaiting contact back from fraudafone .



    Should I complete my n180 including they refuse to comply with the cpr31.14 request.



    Also he recons that they have written to me continually about this when all I have received was this claim form .

  9. think this is correct place got a reply from the guy and he recons thatthat they dont need to submit the documents to the court, for everyones pleasure \I copy and past the e mail

    Thank you for your further email; as you have raised additional points I will attempt to respond to all of them below:


    • CPR31.14 – This does not apply in Small Claims and we are therefore not obliged to provide you with the documentation you have requested at this stage. We will address the points made in your defence during the course of proceedings.


    • FCA Authorisation – This firm is not authorised by the FCA, does not claim to be and nor does it need to be. We do not state on our website that we are regulated or authorised by the FCA. I am also unclear as to what you may have read on the claim form that would lead you to conclude to the contrary. Additionally, I should point out that as this debt arises from a non-regulated agreement this would not be a matter for the FCA in any event.


    • Statute Barred – You suggest that on the claim form we have claimed the date of Default to be ‘August 2012’, this is not correct. No date is referenced in the claim form, apart from the date on which Vodafone assigned this debt to our client, Lowell Portfolio 1 Ltd, which was 30th August 2012.


    • Harassment – On behalf of this firm and our client, I refute your allegations of harassment. Our client has attempted to contact you repeatedly regarding this debt since they took assignment in 2012, further, this firm wrote to you on two separate occasions before the claim was issued notifying you of our intentions and inviting you to contact us to discuss any dispute. My client informs me that they have no record of any contact from you on a single occasion prior to their instruction to us, I can also confirm that this firm has no record of any contact from you prior to proceedings being brought against you. My client has therefore been left with no alternative but to rely on its legal remedies by issuing this claim at a cost to them.


    • Complaint – You contacted me by email on the 11th April 2017, as evidenced in the email chain below which I took as a complaint. You were unhappy with the telephone conversation you had with one of our employees. I arranged to have the call listened to and I do not believe that this call was handled inappropriately, despite the difficult circumstances presented to our employee as a result of interference, background noise and both you and your husband engaging with him on the call at various stages, I believe our employee acted entirely appropriately, reasonably and in good faith. Our employee correctly informed you that as a result of your defence, our client is seeking certain information from the original creditor, Vodafone, and this has not yet been received. Your defence will be responded to in the course of proceedings.


    • Various allegations of misconduct made towards this firm – I refute all of your allegations that this firm has acted inappropriately, illegally or has abused Court process. Given the nature and tone of your allegations I do not believe this firm need make any further comment.

    When my client receives further information from Vodafone we will be in touch.

    Yours sincerely,



    James Riley

    Operations Director

  10. I don't often post here but I totally sympatise with you and your step daughter. Lowells are the lowest form of pond life out there. They issued a claim form for me back end of last month for a stat barred vodafone debt, which I defended (please get her to acknowlege online and tick that it will be defended) get her to sent CPR 39.14 for documents which they should have submitted to the court.


    I did this myself then followed this up as cetain things were not sitting right with me with the way the claim was issued , I called them up (recorded call) and honestly you could not make up what they told me. Thjey admitted that they just went for a claim without submitting correct information to the court, (remember I have this all recorded) and when probing the agent further admitted that they had no information at all and were awaiting for this from Vodafone. He refused to ask for a stay or discontinuation and kept repeating over and over again go through courts. It is now with the managing director of the comany as a massive complaint and awaiting reply.


    Dont worry just acknowledge online at MCOL state you are defending (must be done within 14 days of receiving forms) then get proof of them sending correct paperwork to courts. Good luck these **** can and will be beaten.

  11. cheaper, definatly. and at work not having to go out in the freezing cold for a fag. We are allowed to vape in our canteen, and in local pubs, but even so legal, its respectful to ask the landlords permission first before vaping as they may not like it. I did find at first even though I was allowed to vape in thr canteen etc I felt a bit like a naughty schoolgirl doing it, but when others started I didn't feel so bad.

  12. nahhhhhhhh provari or sentinal (which I have) and I love vaping, healthier than stinkies and dropping the nic level all the time, saved over 600 quid, not coughed wheezed or had any cigarette related symptoms in 3 months, I too tried every thing to pack in smoking, gum, patches, inhhalators etc. All the NRT products did to me was turn me into the Hag from hell. Vaping is the best alternative I have ever come accross for certain people who enjoy the act of smoking but hate cigarettes vaping is perfect. I am vaping on my K100 juicy peach, and in my sentinal I have Key lime on my dripper.

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