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    • Thanks very much Bank. I have topped and tailed my LOC and printed off a copy which I shall post tomorrow by First Class post at my local post office and also obtain a proof of postage. I'll also email them a copy. I've opened a MoneyClaim account, and shall now begin work on my draft Particulars of Claim which I shall post here for your thoughts. And I shan't be using the Moderation service.
    • Yes, it struck me this morning that I'd got it wrong    - no involvement of UKPPO in any previous Tesco thread    - there would have been an entrance sign to a Tesco car park    - CCTV isn't something associated with Tesco car parks. Presumably whoever runs the car park has put CCTV at the electric, and probably BB, areas, done absolutely nothing to stop abuse, and then rubs their hands in glee every time the CCTV catches a motorist out. You can pay £60 and this will go away. Or you can defy UKPPO and rely on their non-respect of POFA, consideration period, etc., should they be daft enough to do court later down the line.  We would support you all the way.
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    • Howdy, I had a short lived credit card with Vanquis that I did not need. I paid it off in full and called them and closed it with the person at the other end. 2 months later they started sending me messages about late payments, I called them and to find out that the card had not been closed in error and 6 weeks after it should have been closed they paid a google debit of £560. I hit the roof and made a formal complaint that took them well over a month to respond to. They agreed they were at fault, refunded all late payments fees and offered me £100 in compensation. However they said the debit amount stood as 'I had benefit from it' and I should get a refund from google. I hit the roof again but they have stuck to their guns. The debit from google is a genuine one but I wanted to dispute it with google so closed the card so they would have to engage with me. But surely that's neither here nor there surely? What is the next step? Ombudsman takes forever doesn't it?  thanks in advance
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Lowell/lowells sols claimform - old Vodafone mobile 'debt'***Claim Discontinued***


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Okay many thanks..I wouldn't wait by the door for the postman:madgrin:

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Allow a few days grace and then inform the court they have failed to comply with the courts directions and failed to serve documents and statements and ask that sanctions be imposed that they are barred from relying on any written evidence or documents in support of their claim.

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Well, court should have that letter now with a copy sent to lowlifes, hopefully they will act on it soon as there's only 1 week before the hearing and they normally take 2 weeks or so to even reply to anything.

 

Case in point, they have replied to my letter stating I will be a lay rep for my partner saying it was put before the district judge and they say I'm to attend and ask on the day.

 

So that was a waste of paper.

 

Also when I went in both times was treated very rudely just for handing over a letter. I don't expect them to be smiles and handshakes but being barked at from across a room one time and having it snatched out of my hand and ignored another wasn't all too great.

 

I heavily dislike my local court and have a nasty feeling they're going to do everything they can to make life hard for us as this is what they've been like since day one. Either rude, refusing to communicate, giving HUGE leeway to the claimant etc. Every encounter has been like pulling teeth.

 

Sigh.

 

Also can someone please remove the wording of my letter in post 131?

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Which County Court is this Chedd ?

 

I assure you it wasn't a waste of letter...if you had not given advance notice...you would have no chance on the day

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It's Bolton Andy. My other 2 dealings with them were really good but they were a long time ago. One for a bank charges claim and the other a divorce.

 

And thank you, it feels like it was when they're just telling me to ask on the day. Feels like my letter has been dismissed. I guess I will have to write things down for my bf in case they refuse. It's likely he will clam up and refuse to speak though.

 

I'm going to do some research about what to say, how to say it, what to avoid, what to call the judge etc. I recall seeing an article going over this, see if I can find at again.

 

I doubt anyone from lowlifes will even show and if they do then they won't have much to say anyway. What do I say if they start to bring info from their non-existant WS or any documents?

 

I'm just grumpy and stressed, I suffer from a severe anxiety disorder (as in can't even get past the front door some days) amongst many other health issues, so this really isn't easy for me. So it's easy for me to fall into negativity, I do hope that Monday is a good health day for me :)

 

I know that there's a huge huge chance we will win though so that makes it a lot easier. Just depends on the judge really.

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I think once you actually get into court you will find the Judge a tad more amicable.With regards to how you conduct yourself...just be yourself and polite..he will conduct proceedings and ask you when he wants you to talk.Try not to clam up its only a court and a district judge...he is human..if it helps visulise him sat there in his PJ,s:-D

 

With regards to them producing any documents...you must intervene and remind the judge they have failed to comply with any court directions and therefore you request that they be disregarded and are inadmissible.

 

Refresh your self with CPR 3

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03

 

And above all relax...you never know you may even enjoy it..it can be quite enlightening :-D

 

Regards

 

Andy

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Thanks Andy I'll give that link a read.

 

I won't clam up and I'm sure it'll be fine once I'm in there. Sadly I have no control over my anxiety attacks whatsoever, they're managed quite well with medication. Otherwise, I'm an extremely confident and competent person who normally doesn't care one jot about things like this! :)

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:-D Thought as much....well done cheddar..thread title amended to reflect the outcome.

 

Regards

 

Andy

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Yeah I have to admit I was hoping on it coming.

 

Is it a good idea to ring on the day just to double check?

 

No need if you have a Notice of Discontinuance..you can ring the court and check they have received same.

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:yo: Many thanks for your donation cheddar..this will help us to continue to help others.

We could do with some help from you.

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Very well done cheddar, be proud of yourself

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

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Can I also say congratulations to you and another well done to Andyorch.

 

 

I have been following this thread since page 1 as I have a particular interest in Vodafone and their poor practices.

 

 

I suspected that the Leeds Losers would discontinue but it is unwise to say so just in case they actually do follow through and we have given you a false sense of security. They're not called the Leeds losers for nothing.

 

To pursue this case fully,

Lowells would have needed far more documentary evidence from VF to bring to court

however, many of us know the VF and record keeping are not wholly compatible.

 

 

Vodafone do not have their own debt collection department so farm them out at the earliest opportunity with little to no documentary evidence.

 

 

When a debt is bought by whatever DCA chooses to buy, the risk of action goes with it.

they know it's a risk and when they take action they know that some people will just pay up to avoid court action

but on occasion, there is the odd one who will retaliate.

 

 

These are the cases where the DCA tend to blink first.

This is what you did and you should give yourself a well deserved pat on the back.

 

Am I right in thinking that now they have discontinued after the defence was filed,

they can't get a second bite of this particular cherry?

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Thanks, SF yes I did have the hope for discontinuation at the back of my mind tucked away but didn't want to rely on it as I could have easily taken my eye off the ball.

 

I'm curious about your last question as well.

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CPR 38.7

 

Discontinuance and subsequent proceedings

 

38.7 A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –

 

(a) he discontinued the claim after the defendant filed a defence; and

(b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim

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