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OscarMutley

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About OscarMutley

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  1. Thanks Andy. http://www.consumeractiongroup.co.uk/forum/showthread.php?478641-Asset-Collections-claimform-old-Lending-Stream-PDL&p=5060833#post5060833 I have read the thread again, and I have spoken to the Court today regarding Asset's failure to respond to the original claim. I submitted my response on 14/06/17, Asset submitted their response on 19/06/17 but it was rejected by the Court as it didn't have the correct information and was submitted on the wrong form. Asset haven't responded since, even though they had 19 days to do so and haven't yet done so after 3 months. I was advised that if Asset submit another claim for the same alleged debt, that I can have that rejected on the basis that an existing claim already exists. I may need some help on the wording for that, if it happens, as I would wish to build a case for incompetence, especially as Asset's alleged "agents" TM Legal Services have written to me again today regarding their wish to enforce a non-existent County Court Judgement. I can apparently pay £100 to ask for the original claim to be struck out (using Form N244) on the basis that there has been no action from the claimant for 3 months, but the longer I wait the better my chances according to the very helpful lady I spoke to.
  2. Thanks, I have read through that thread before, so I'll wait to see whether I actually do get a "pack from the County Court" as Asset state, and then I'll come back and check I'm following the correct procedure. In the meantime, is it acceptable for Asset to keep open an identical previous claim. There has never been any judgement made on it after 3 months.
  3. Hi, thank you for creating a new thread for this. Oddly I had a further developments about which I was going to approach the forum for advice. Over the last month or so, I have continued to receive emails from TM Legal mentioning that they were wanting to enforce a CCJ that they had taken over the management of from Asset Collections Ltd. No such CCJ exists, as I have continued to check MCL and they never took any action after I submitted my partial acceptance. It remains open, but with no judgement. Today, I have now received an email from Asset Collections Ltd which threatens to START County Court action for exactly the same debt. They tell me that I have to respond to the pack I will receive from the Court. I therefore have 2 questions initially: Can Asset Collections actually begin the same action again and therefore have two concurrent active claims? How long are Asset Collections allowed to keep the original claim open without taking any action. I responded on 15/06/17. Is there not a point at which I can ask for it to be dismissed on the basis that they have taken no action to seek a judgement?
  4. Apologies, Andy. I thought it was relevant, and not worthy of a new a new thread mate.
  5. Hi again all, I'm looking for some help on CC action taken by this company on behalf of a LS loan from 2013. The LS loan shows as satisfied on Noddle. I responded to the CC action on 16 June 2017. It was a part admission of UP TO the accumulated default amounts (about £330) against their claim for about £1,800 including costs, together with a scathing comment about LS's business methods. I also commented that AI are impossible to contact. There has been no response after almost 2 months. I keep checking MCOL, and nothing is happening. How long can they keep this hanging over me? Is there a point at which I can ask the Court to dismiss the case? Furthermore, I now get emails from "TW Legal" who show as "failed fraud check" by Outlook on my email, who use the total claim figure and say there is a CCJ against me. This is clearly a lie, as no such CCJ exists. I'm ignoring the emails from "TW Legal". Any suggestions on how I can bring an end to the CC action from Asset Collections?
  6. I'd be very happy to make a donation by way of thanks for the advice I received.
  7. UPDATE & RESULT Last week I had an email from Vodafone asking me to give a date/time they could call me. I gave them 2-4pm today as I have a day off work. They have just called me, and confirmed that they will pay my County Court claim in full (£499.99 + court costs) for failing to refund the £114 for a cancelled mobile phone order in November 2016. Thank you to those on here who provided advice.
  8. Thanks Mikey, I have issued a SAR. It was rather strange to have to hunt out my cheque book to write one (only the 2nd on an account I have held for 10 years). It's a shame I couldn't do it all online. I'll post the letter in the morning.
  9. I received another letter today simply repeating the information provided yesterday. However, I've checked on information from Companies House, and Vodafone UK Limited only has responsibilities for 'Head Office Functions', whereas 'Vodafone Limited', who have responded to the claim as the defendant is responsible for 'telecommunications services'. I want to make sure I'm not being led on a "song & dance" by different subsidiaries here. As 'Vodafone Limited" has responded to a claim against 'Vodafone UK Limited', can I safely assume that they are accepting that they are the defendant?
  10. Just a quick update. I discontinued the original claim against Vodafone's CEO, and re-issued it against Vodafone UK Ltd. Oddly, I have received a response from HMCTS indicating that Vodafone wish to dispute the whole claim. I'm not sure what their defence can be, having never issued me a refund from more than 3 months ago. Oh well, I'll let you know when I received their defence.
  11. That's what I intend to do, but I seem unable to access the case on Money-Claim Online. It's not showing me the case at all. I have emailed their help desk, so hopefully I will get a reply tomorrow. I am very grateful for the advice I have received on here.
  12. I have no lasting contract with Vodafone, I only wanted to purchase a mobile phone from their website. That is a 'contract' in the legal sense, but nothing beyond the purchase and receipt of the goods. My only intention was to address the court action against Vodafone, and I used the CEO's name because their responses used it. I would have thought that was reasonable. Are you suggesting I should withdraw this action and start one which specifically states Vodafone UK Limited as the defendant?
  13. The action in the small claims court is against him as CEO, not just as a random individual. Their complaints department state quite clearly that they are speaking "for and on behalf of Nick Jeffrey", so surely it's quite legitimate to use his name when addressing the claim against the company. Why don't they just settle the claim, instead of dragging it out. They haven't even addressed WHY I still haven't had my refund after more than two months. They seem more concerned with the pedantry of who is named in the claim.
  14. I'm hoping someone can help me with this, as I am now rather worried about a letter I have received from Vodafone. I placed an order online with them for a new PAYG phone and paid by TSB Debit Card (£114.00), I asked for collection from a store near work. They then said I neededd to take in various bank statements and utility bills, which I through was rather strange, so I immediately asked them if I could change delivery to my home address. They stated that to do this, I had to cancel the original order and place another one, but I would receive a refund for the cancelled order within 3 days. This was on 26 November 2016. I received the phone from the later order (using a Lloyds Debit Card) and have since had it unlocked as I am now using Sky Mobile (O2). I don't have any contract with Vodafone, and I don't use their network. There was no commitment to do so. However, I never received the refund for the original cancelled order. In early December I had a TWO HOUR conversation with someone online, who again promised the refund within 3 days. Three weeks later I then had a THREE HOUR conversation on the phone with someone who promised a refund with 3 days. At the beginning of January 2017 I wrote to their complaints department who emailed me to say someone from the Directors Complaints Office would contact me within "a few days". That didn't happen, so THREE WEEKS later I started action through the Small Claims Court to recover not only my original £114, but also the court costs and some compensation for my time wasted on this matter. I addressed the claim action against their CEO, Nick Jeffery, as their Emails claimed to be "for and on behalf" of him as CEO. I have now received a letter from Vodafone's Solicitors telling me that unless I immediately drop the County Court Claim, which they say has no basis, they will initiate a counter-claim to "strike out the claim against Nicholas Jeffery, and seek Mr Jeffery's legal costs for his wasted time in dealing with the frivolous action" I have also today received an Email from the complaints department stating that my complaint is closed as it is with their Solicitors. I am astounded that I am being threatened in this way by Vodafone. They owe me money, have made no attempt to pay it, and essentially threatened me with legal fees if I attempt to claim it through the court. What am I supposed to do? Surely I am in the right, and I intend to go to Court if necessary. How can they claim I have no basis to get back my money? The order was cancelled 20 minutes after I made it, yet they still took the money 3 days later. Surely I should have to fight for my money back in this way?
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