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    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
    • OMG! I Know! .... someone here with a chance to sue Highview for breach of GDPR with a very good chance of winning, I was excited reading it especially after all the work put in by site members and thinking he could hammer them for £££'s and then, the OP disappeared half way through. Although you never know the reason so all I can say is I hope the OP is alive and well regardless. I'd relish the chance to do them for that if they breached my GDPR.
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Lowell/lowells sols claimform - old Vodafone mobile 'debt'***Claim Discontinued***


cheddar
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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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