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

[Andyorch]

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

[cheddar]

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

 

Haha nah I won't

[cheddar]

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?

[Andyorch]

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.

[cheddar]

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

[cheddar]

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

 

Edited by User request

Edited August 8, 2016 by Andyorch
Contents of letter removed

[Andyorch]

[cheddar]

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?

[Andyorch]

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

[cheddar]

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.

[Andyorch]

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

 

Regards

 

Andy

[cheddar]

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!

[cheddar]

Well, nothing to worry about.

 

THEY DISCONTINUED! Just got the post today

 

Donation on it's way

[Andyorch]

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

 

Regards

 

Andy

[cheddar]

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?

[Andyorch]

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.

[cheddar]

Yay awesome, thanks Andy!

[cheddar]

 

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

[Andyorch]

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

[martin2006]

Very well done cheddar, be proud of yourself

[cheddar]

No problem Andy, thanks Martin!

[silverfox1961]

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?

[cheddar]

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.

[Andyorch]

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

[cheddar]

Thanks again Andy!!