backdoor Lowell Vodafone CCJ - set aside - now at new hearing stage

[fkofilee]

Ask if they are able to provide a copy of the call recording? Doubtful but it once again puts the onus on the Claimant as they have to prove that that was as they say. 

 

Have you sent a DSAR to Vodafone? Second Handset?

[dx100uk]

reply?

you mean letter?

not an email I hope?

 

 

[Genzoz]

Yes dx it was a letter posted thanks...

 

Yes dx it was a letter posted thanks...

Also no DSAR was sent to Vodafone in relation to the alleged second handset?

Will it be wise to contact Lowell solicitors to find out how they are proposing to settle out of court?

[dx100uk]

its simply a stupid threat-o-gram.

looks like the debt is unfair term charges to end of contract

and no you do not need to settle out of court

I can see them dropping this.

 

if you wish to sar voda then do so

but I cant see what help it will give you.

you are not disputing the facts they state.

but very few of them are true anyway.

 

 

[Genzoz]

 

I entirely agree dx. Now I think I should get supporting evidence to substantiate my counter claim.

Hence there is still unresolved dispute with the original creditor..

 

In other words I believe my contract with Vodafone ended in December 2014. 

I think it is about time Lowell accept responsibility for something their client refused to acknowledge nearly 4.5 years ago.

 

What do you think people?

should I give them a call tomorrow to discuss this further?

 

[dx100uk]

Vodafone are NOT lowells clients

voda had NO INVOLMENT in bringing the court claim in the 1st place nor continuing the claim after the successful set aside.

they sold the debt..washed their hands of it.

 

and what counterclaim have you made? 

you haven't and shouldn't, all you have done is filed a defence with regard to the continuing claim.

and NO you never ever ring them.

 

can you scan these statements to one multipage PDF please 

read upload CAREFULLY

[Genzoz]

Thank you for patience dx. I have uploaded bank transactions as shown in my bank- statements. This is proof of payment and when adjustments were made, it resulted in negative numbers shown in red.

As you can see they messed up my direct debit and then issued a late payment what for?

Summary of Transactions.pdf

[Genzoz]

Just wanting to be practical here. Since I haven't seen or heard back from you...have I a missed anything here dx? Look forward to hearing from you again.

[AndyOrch]

Have you received anything further from the court since you submitted your defence ?

 

Andy

[Genzoz]

No Andy. no correspondence from the court since filling my defence... 

[AndyOrch]

If you refer back to your initial posting....

 

Briefly, I managed to get the judgement set aside in the county court and It is ordered that :
1. judgement set aside under CPR 13.3(1)(G) and any warrant other than enforcement discharged, providing the defendant by pm on 15 May 2019 file a full defence with the court and serves a copy on the claimant attaching copies of any documents to be relied up on.

2. Costs reserved. Dated 1 May 2019

 

Is there no mention of a further hearing date on the above order ?

 

If not give Shoreditch County Court a ring and ask for further directions.

 

Andy 

[Genzoz]

Thank you Andy, After chasing the court for an email confirmation of the next course of action, I have now received this:

"Thank you for your email with the Defence enclosed. The file will be referred in due course as you have complied with the deadline". Also I've had no correspondence from Lowell since  22nd of May 2019.

[AndyOrch]

Wait until the court contacts you with further directions.

[Genzoz]

Thank you for your patience Andy.

 Lowell Solicitors Ltd have finally responded and here I am enclosing their response.

Just to let you know that the letter was received today through the post.

Any advise please Andy?

 

 

lowell letter.pdf

[AndyOrch]

If your happy to accept this then sign and proceed...the claim will be stayed and no CCJ.....seems a reasonable payment plan for the amount involved.

[Genzoz]

How come...Sorry I don't understand. what do you mean ? I've never admitted any liability and I don't owe them any money to begin with...

 

Sorry Andy, I know it's been a while since...., but did you refer back to the initial posting?

[AndyOrch]

Then ignore their tomlin order..yes it has been a while...I was simply going off your latest post.

I expect the claim is and remains stayed ?

[Genzoz]

Thank you. Is "ignore" the best course of action so far and does this sound like a hot air to you?

Do you think they will try to negotiate their tomlin order next?

I am deeply grateful to your continued support. You can rest assured that I will be donating to CAG once this is all over. 

[dx100uk]

god ignore them

the claim is well stayed

 

they obv don't want the details exposed before a judge as they think you've a good case

and are hoping you'll fall for this offer.

 

 

[AndyOrch]

1 hour ago, Genzoz said:

Thank you. Is " ignore" the best course of action so far and does this sound like a hot air to you?

Do you think they will try to negotiate their tomlin order next?

I am deeply grateful to your continued support. You can rest assured that I will be donating to CAG once this is all over. 

 

Okay Im up to speed on your thread now......this is a strange one....because you set a side the original judgment you had to submit a further defence by May 15...the court did not inform you of any further hearing date....

 

The last thing you heard from the court according to your posts up to June 2019 was ..." After chasing the court for an email confirmation of the next course of action, I have now received this:

"Thank you for your email with the Defence enclosed. The file will be referred in due course as you have complied with the deadline"

 

Because this was a set a side with court directions to submit a defence...the claim can not be stayed...it must proceed to a further hearing date...so either ring Shoreditch Court again and ask for the status of the claim...or bring your thread up to date with anything further from the court since June 2019 

 

 

[Genzoz]

Yes Andy you right in saying the claim can not be stayed...

Family and civil service court confirmed today that there will be a further hearing date on this case.  The receptionist (Susan) also confirmed that the court will get in touch but wouldn't give me a time frame. The above email still stands since the defence was filed on time. She also confirmed that the tomlin order is not an order of the court and that in this case the court is not aware of the claimant wanting to use the tomlin order approach!

[AndyOrch]

The Tomlin Order is a means offered by the claimant not the court to resolve the claim without proceeding any further with the court....thats assuming you wish to settle and dont want to risk a CCJ with costs.