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    • yes only court...   can I confirm this was settled via Barclaycard and chargeback as it was a debit card, rather than section 75 via a creditcard?  
    • Hi   Sorry for the delay in getting back to you don't worry we have not forgot you.   So they have destroyed ALL DATA personal to you as you did not take the Property. (really they have put there foot in it)   If they hold no personal data then they have NO evidence of what was agreed to with your Holding Deposit and the refusal to return it.   Now if it was me I would let them drop themselves in it even further by responding to there SAR response.   Thank you for your SAR Response dated XX/XX/2019   Due to this response I require clarification of the following:   1. Have you followed the Data Protection Act 2018 & General Data Protection Regulations on Destroying My Personal Data?   2. If you have Destroyed All My Personal Data then what documentation do you hold that I have signed/agreed to the Holding Deposit being Non-Refundable and to provide copies of this documentation.   3. I require a copy of your Policy on Holding Deposits   Please bear in mind the above is what I would do.   I do think it is looking like you may have to go down the court route (make sure and have a good read of that link I previously gave you to the Tenants Fee Act).
    • HI   Firstly the parking in front of your drive, do you have a pavement with a Drop Kerb in front of your property to access your driveway, if so are they infringing on the Drop Kerb? (note your can ask the council to to paint a white line with lines at the end on the road in front of the drop kerb please note there may be a cost from the council to do so)   As for the CCTV look at this ICO link: https://ico.org.uk/your-data-matters/domestic-cctv-systems-guidance-for-people-using-cctv/   Due to the new DPA/GDPR if you have CCTV on your Property and it views outside of that Properties Bounderies they then need to register as a Data Controller with the ICO.   So I would make a Formal Complaint in writing to the Councils Data Controller, ICO (specifically asking if this individual is Registered with them as a Data Controller) & Police, you need to keep a good paper trail of this individuals actions.   I hope this individual knows the Law on Harassment as from your thread that is the impression I get is no matter what you do they will find something else to complaint about.  
    • Most guarantees are not transferable anyway to the new owner so why a solicitor should request it is pointless.The quotes should suffice to prove the work was carried out.   Andy
    • Apologies for the prolonged radio silence!   To cut a very long story short, I went back to Barclaycard (because I bought the car with my VISA card) and they offered to repair the car at a cost of £2500.   We accepted the offer because we were advised that even if we went to court and won the case, there was no guarantee that the dealer would give us our money back anyway or would end up paying us £10 a week for the next umpteen years.   The decision to have the car repaired was also made in the light of the fact that apart from the gearbox issue the rest of the car was in good nick. It is running fine after nearly 4 months now, so even if our friend gets a few more years out of it it will have been worth it.   Now that it is all settled I can reveal the name of the dealer - it was Thatcham Motor Company, in Thatcham, Berks. Very pleasant to deal with at first whilst everything was ok but boy oh boy, beware if anything goes wrong!   Similarly Momentum Warranties who provided the 6 months "warranty". On paper this warranty apparently covers practically every conceivable fault that the car might develop until you try to make a claim!   It seems that only if a component physically breaks that any cover is provided, otherwise they will hide behind the "fair wear and tear" get-out clause. Can an ECU unit be subject to wear and tear?   I would not touch either of these outfits again with the proverbial barge pole. Buyer beware!   One further thing I forgot to mention. We ran up considerable expenses trying to sort all the issues - the engineer's reports, travel costs etc.   Is it too late to try to claim these back from the dealer now? I just ran out of energy by the time Barclaycard agreed to pay for the repair but now the dust has settled I am up for it again!   Would this have to be done via the Small Claims Court?
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cheddar

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

 

Haha nah I won't :p


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Soooo, obviously nothing came. Where do I stand now? Will court be lenient with them again or can I say they are too late and can't use any documents in court?


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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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Thanks Andy, I'll do that towards the end of the week.


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Ok, so I just write a letter to the court?

 

Edited by User request

Edited by Andyorch
Contents of letter removed

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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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Well, nothing to worry about.

 

THEY DISCONTINUED! Just got the post today :)

 

Donation on it's way :D


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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?


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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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Yay awesome, thanks Andy!


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m6wQFOO.png

 

Thought I'd make a second donation to help others.

 

Thank you to everyone who helped me, you have NO idea how happy and relieved my partner is!! And me haha!

 

Special big thanks to Andy as well :D


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

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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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No problem Andy, thanks Martin!


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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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