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    • So I got a phone call on Saturday on my private mobile phone. This call was from Moriarty law ...I had sent my PAP docs back with no e mail address or phone number ...they said they had used a tracing company to find my details ....I have since called them and put in a complaint that they have breached GDPR regs ..they have now suspended any action pending a full investigation.
    • or should I sent a copy of Ericsbrother's template  ?    Please help!     Unfortunately for you, I was not born yesterday so I will not be paying the demand as there is no liability in this matter because the signage is prohibitive and not an offer of a contract so none has been breached and anyway the POFA limits any charge to the specified sum so your demand for £160.00 is nonsense. As VCS (Vehicle Control Services Ltd) has been spanked at court on this very same thing several times before I suggest that you discontinue this foolishness. Should VCS decide to continue then I shall be asking for a full costs recovery order for unreasonable behaviour and then seek damages for the breach of the DPA/ GDPR as per VCS V Philip, Liverpool CC Dec 2016. Even Will and John, the parking world’s worst solicitors seem to have got fed up with Simple Simon’s stupidity and greed and presumably that it why you are wasting your ink on his behalf.
    • What about?   Dear Sir / Madam I dispute your ' parking charge'. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to my MP.   You are no doubt aware that Southend airport is subject to byelaws 1997. This is not and cannot be a civil debt. Should you proceed with a civil case an application will be made to strike it out as the civil court lacks jurisdiction to hear such cases.   Having been warned that such an application will be made I will hold you fully responsible for all and any fees associated with this and apply for all costs due to your unreasonable behaviour.   Yours faithfully
    • Hi. Another update, another request for assistance/clarification of legal jargon.   So I completed the above steps within the timeframe required, and have since been waiting for any correspondence from court or claimant regarding any further steps. I have actually been expecting a date for the case to be heard at my local court.    But instead, yesterday, I received a further letter asking for further info.    I won't bother to scan it because it is quite short - so verbatim this is what it is/asks:   Again it is a "General Form of Judgment or Order"   And states:   "Before Deputy District Judge xxxxx sitting at the County Court at xxxxxx."   IT IS ORDERED THAT   1. By no later than 4pm on 12th December 2019 the Defendant shall file a formal defence to the claim"     So, my question would be:    Is this now my cue for a "witness statement"    I'm assuming I now need to expand on my original defence way back within the first 28 days after the claim was served on me?    So, I will be "picking holes" in the info provided by the claimant - focusing on the lack of "signed credit agreement" - and the default notice served by the original creditor - on which the claimant relies on their own internal management system?   Assistance much appreciated.    Thanks B  
    • send an Ericsbrother snotty/insulting letter as in many no stopping threads already here.   dx  
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cheddar

Lowell/lowells sols claimform - old Vodafone mobile 'debt'***Claim Discontinued***

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" Ok, I've got this as a defence so far, I've looked at SO many claims but barely any of them have a POC worded like mine "

 

 

There wont be...there all unique to the debtor/claim...same as are all defences:-)


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" Ok, I've got this as a defence so far, I've looked at SO many claims but barely any of them have a POC worded like mine "

 

 

There wont be...there all unique to the debtor/claim...same as are all defences:-)

 

I see many with the same wording, just not like mine. Or I thought so anyway.

 

Guess the info I'm reading just isn't going into my head for some reason.

 

Can anyone comment on the defence? Is it any good?


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Defence is not due till 4pm 12 Feb anyhow

 

Take your time

 

I've amended you q&a post too

 

Dx


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Ok, I'll wait until someone can comment on my defence. Or is no one commenting on it because it's totally wrong?

 

I'll get a fresh pair of eyes to look at this if needed.

 

Thanks guys :)


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Just requires a few tweaks cheddar

 

You must respond to each point.....for example you have not made a response to 2..the default.

 

2) THE DEFENDANT FAILED TO MAINTAIN THE REQUIRED PAYMENTS AND A DEFAULT NOTICE WAS SERVED AND NOT COMPLIED WITH.

 

will take another look later when its quiet.

 

Andy


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Tried again :)

 

1. The Defendant does not recognise the debt from the details given in paragraph 1 of the particulars of claim

 

2. The Defendant does not recall receipt the default notice from the details given in paragraph 2 of the particulars of claim.

 

3. The Claimant states in paragraph 3 of the particulars of claim that the account was assigned from Vodafone to Lowell Portfolio I on 31/03/2014. The Defendant has not received any notification of this assignment.

 

4. The Defendant has never received the repeated requests for payment mentioned in paragraph 4 of the particulars of claim.

 

5. Despite a request for information from the Defendant (made under CPR 31.14), the Claimant has not provided any further details as to how the sums claimed have accrued or copies of any agreement between Vodafone and the Defendant.

 

6. Under Civil Procedure Rule 16.5 (4): Where the claim includes a claim for money, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed. No information has been given to the Defendant proving the alleged amount claimed.

 

7. Notwithstanding the above, should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract, OFCOM guidance states that any Early Termination Charge that is made up of the entire balance of the remaining contract is unlikely to be fair as it fails to take into account the fact that the provider no longer has to provide and pay for their service.

 

8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

He doesn't have a default notice in his possession and can't say 100% if he got one, he thinks he may have but can't be totally sure. Hence why I have worded No2 that way. Added a bit more to No6.


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Take a look at this tomorrow for you cheddar...well later today:wink:


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Particulars of Claim...

 

1) THE DEFENDANT ENTERED INTO AN AGREEMENT WITH vodafone UNDER ACCOUNT REFERENCE **** ('THE AGREEMENT').

2) THE DEFENDANT FAILED TO MAINTAIN THE REQUIRED PAYMENTS AND A DEFAULT NOTICE WAS SERVED AND NOT COMPLIED WITH.

3) THE AGREEMENT WAS LATER ASSIGNED TO THE CLAIMANT ON 31/03/2014 AND NOTICE GIVEN TO THE DEFENDANT.

4) DESPITE REPEATED REQUESTS FOR PAYMENT, THE SUM OF £213.40 REMAINS DUE AND OUTSTANDING.

AND THE CLAIMANT CLAIMS

a) THE SAID SUM OF £213.40

b) INTEREST -£17.07-

c) COSTS

 

What is the value of the claim? £305.47

 

 

######Proposed defence######

 

1. Paragraph 1 is accepted.I have in the past entered into a contract with vodafone however I do not recall the exact details or recall any outstanding balance and have requested that the claimant verify the exact details of this claim by way of a CPR 31.14 request.The claimant has yet to comply.

 

2. Paragraph 2 is also noted but again I do not recall any breach and therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into a Agreement/ Contract; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

4. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act.

 

5.Notwithstanding the above should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract, OFCOM guidance states that any Early Termination Charge that is made up of the entire balance of the remaining contract is unlikely to be fair as it fails to take into account the fact that the provider no longer has to provide and pay for their service.

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.


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Thanks Andy, looks like I'd made a mess of it lol!

 

Lowlifes Solicitors have sent a letter, received today:

 

"27th January

 

We can confirm that your request for documents has been forwarded to our client and we will forward the documents to you upon receipt. This is unlikely to be within the 7 day deadline in your letter.

 

Please note that legal proceedings have now been issued against you and you should respond to the claim form."

 

So, do we still file the defence or wait longer? They haven't asked for an extension just that it's not going to be in the 7 days which was up on the 26th anyway.


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Thats fine cheddar ...you wont get a response anyway...so file it when your ready and if you are happy with the contents.


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Well put Andy just sit and wait now.


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Thats fine cheddar ...you wont get a response anyway...so file it when your ready and if you are happy with the contents.

 

Thought as much, thank you ever so much for your help. I'll let the bf read over everything to make sure he's happy, then we'll file it.

 

I shall keep updating as and when required.

 

Thank you! :D


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Defense filed, think it was just after 4pm so filed on 29th Jan. :)


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Got confirmation this week from the court that the defense has been filed.

 

Now the waiting game ^_^


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Current status, I thought we'd only get a DQ if the Claimant responded to the defense? No mention of them responding here:

 

Claim Status

A claim was issued against you on 11/01/2016

Your acknowledgment of service was submitted on 14/01/2016 at 21:15:13

Your acknowledgment of service was received on 15/01/2016 at 08:02:10

Your defence was submitted on 28/01/2016 at 16:05:07

Your defence was received on 29/01/2016 at 08:01:41

DQ sent to you on 01/03/2016

 

Also as my bf has severe autism can I represent him in court? He will not be able to speak for himself.


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They dont have to physically respond to the defence...they simply inform the court they wish to proceed...DQ is on its way then


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Ah ok, I thought it would at least be noted on the MCOL.

 

Yeah seems so, should be here this week.

 

Sigh.

 

I'm not sure I can even go to court over this I have serious mental and physical health problems that means I can't predict how I'm going to be on any given date. Really hoped it would get stayed, just our luck!


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No worries..quite simple to complete....post here if your unsure.


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No worries..quite simple to complete....post here is your unsure.

 

I assume I agree to mediation? A telephone thing is even worse for me and impossible for my bf. Typical isn't it haha! Guess I'll have to just "woman up" and power through it, least the case is simple enough :)


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Yes to mediation...yes to Small Claims Track...the rest of the form is self explanatory tick boxes.


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Yes to mediation...yes to Small Claims Track...the rest of the form is self explanatory tick boxes.

 

Awesome, thanks!


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Oh and did this today, will make another as soon as I can. I know the site isn't cheap to run. Can't believe it's been going for so long, I really enjoyed being a helper all those years ago, seems like a lifetime ago for me!

 

2LDLgkb.png?1


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:yo: and very much appreciated cheddar......thanking you.

 

Regards

 

Andy


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No need to thank me, it's only fair. ^_^


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