Shineon UE Diary

[nightwatch]

if they call again just ask them to leave and shut the door.
they have no legal right to call,

put a note on the door saying NO COLD CALLERS,
mine might say

DO YOU HAVE AN APPOINTMENT WITH THE OCCUPIER
DID THEY AGREE TO YOUR VISIT
ARE YOU MAKING A DELIVERY/ PICKUP
ARE YOU A POLICEMAN/WOMAN
ARE YOU HERE TO READ THE GAS/ELECTRIC
DO YOU HAVE GOOD MEDICAL COVER

IF THE ANSWER TO ALL OF THE ABOVE IS NO

I SUGGEST YOU DO NOT RING THE DOORBELL OR KNOCK AT THE DOOR
please close the gate on yor way out

[Shineon]

VODAFONE UK (phone contract)
PASTDUE CREDIT SOLUTIONS


Husband
Balance: £564.00
Start Date:
Last payment: DMP March 2018
Original Lender; Vodafone uk


12/02/2018 CCA Sent
20/02/2018 CCA chq cashed on bank statement
01/03/2018 no response, gone over 12 + 2 days
01/03/2018 letter recieved from pastdue, investigating with client, a/c on hold till they receive a response
27/04/2018 cancelled DMP
27/07/2018 Letter from Advantis saying they have been instructed by Vodafone to contact .
09/08/2018 without prejudice letter from Advantis offering £80 discount if balance paid in full
1503.19 letter Vodafone account has been assigned to Lowell with welcome letter from Lowell.
04.04.19 letter Lowell contact us to make payment.
17/04/2019 Lowell letter overdue account
03/05/2019 Lowell letter overdue account
15/0502019 Lowell pre legal assessment to see if go further
01/06/2019 Lowell saying looking into pre legal assessment
27/07/2019 letter from Lowell saying been sent to their solicitors.
03/08/2019 letter of claim from Lowell.

Hi Di Thankyou for replying, my husband has received the letter of claim form from Lowell , I need to get him to sign and return, do I fill in box D to dispute and box I for further documents, which docs should I ask for please x

[Joanna Connolly Solicitors]

Hi Di Thankyou for replying, my husband has received the letter of claim form from Lowell , I need to get him to sign and return, do I fill in box D to dispute and box I for further documents, which docs should I ask for please x

Is the Letter of Claim dated 3rd August? If so it expires at the end of the week. Has it only just arrived?

Di

[Shineon]

We have been away, yes letter dated 3rd unsure of when arrived through letterbox, son was at home but didn't date post ,,

[Joanna Connolly Solicitors]

When did your husband take out the Vodafone contract?

Did it include a handset?

When and how did the contract cease?

Had the minimum term expired at that point?

Did he give notice?

Di

[Shineon]

The contract was around 2001 and he just kept renewing and upgrading and always kept with Vodafone , he did have a handset. I think it was around 2015 when Vodafone announced people could cancel contract early due to price increases, think we did cancel but got charged and then interest and extra bits they put on increased the amount owing, sorry to be vague with details as at the time it was feeling like a confused mess of debt we had with no way forward xx

[Shineon]

The contract was around 2001 and he just kept renewing and upgrading and always kept with Vodafone , he did have a handset. I think it was around 2015 when Vodafone announced people could cancel contract early due to price increases, think we did cancel but got charged and then interest and extra bits they put on increased the amount owing, sorry to be vague with details as at the time it was feeling like a confused mess of debt we had with no way forward xx

He kept with Vodafone because our cr history prob would not of let him take a contract.

[Shineon]

Hi, found exact date on this, it was 24/10/2002 agreement with Vodafone it says was later terminated in accordance with agreement and assigned to Lowell on 28/02/2019 and that I can ask for copy of the agreement on the reply form ( letter of claim they have sent) , the balance was so they say 211 for calls or line rental and 279 for the handset. Thanks

[Joanna Connolly Solicitors]

Everything now under control

When you get a moment you can also send a Subject Access Request to Vodafone to see what information and data they hold on file for your Husband. That way you'll know what went on, in case Lowell issue a claim.

Di

[Shineon]

Letter of claim form posted to Lowell recorded, disputed and asking for more docs...
Thankyou Di for the call ( sorry about the crackles on the line)

[Shineon]

Hello Shineon

I've replied to your new thread in AAD+ but I also received an email alert to say you'd posted on this Diary thread too but I can't see it.

Are there any updates since May on any of your debts?

It helps to keep the forum in the loop to avoid legal action if something relevant goes undetected!

Di

Over next couple weeks will try to update and ask more questions to see if any of my other creditors need AAD letters sending that may help me for future.

[Shineon]

HSBC CURRENT ACCOUNT
CABOT FINANCIAL EUROPE

Husband but was joint current account
Balance : £939.00
Start Date: Dec 1989
Date Assigned: April 2014
Last payment: DMP March 2018
Original Owner : HSBC CURRENT ACCOUNT
DCA: Cabot, current creditor - Marlin Europe LTD, statement says cabot financial (Europe) LTD

12/02/18 CCA Sent
21/02/2018 CCA chq for £1 cashed on bank statement
01/03/2018 no response, gone over 12 + 2 days
03/03/2018 letter recieved 03/03/2018 dated 22/02/2018 from Cabot don't have agreement will contact original lender and get back within 40 days - also say temporily unenforceable .
27/04/2018 cancelled DMP
12/07/2018 Letter from Cabot saying unenforceable as can't provide CCA
12/07/2918 Statement from Cabot , says Cabot (Europe) Limited is owner and updated info on file.
09/08/2018 Letter x 2 to set up payment from cabot.
27/08.2018 Letter to set up payment plan from cabot.
12/09/2018 Six montly statement x 2.
13.09.2018 Letter x 2 from cabot to set up playment.
17/09/2018 Cabot rang, morning, said not in.
20/09/2018 Cabot left msg on answerphone.
11/10/2018 Letter X 2 from Cabot offering £50 to fill out budget plan.
22.11.19 letter X 2 Cabot, new approach to pay.
23/12/2018 letter x 2 to set up payment plan
21.1.19 letter x2 contact to make payment, may send to outside collection agency.
28.03.19 Cabot letter X 2 ways to pay.
25/04/2019 Cabot letter X 2 discover your options
09/07/2019 Cabot letter X 2 as no contact going to get resolve call to visit.

Hi, latest response (09/07/2019) from Cabot saying resolve call are going to visit, do I just wait or is there a letter to send, thanks

[The Tech Clerk]

09/07/2019???? 2 months ago ?? if ever the chancers commission agent knock door you do not have to respond to them, tell them to leave.

[Joanna Connolly Solicitors]

Hi, latest response (09/07/2019) from Cabot saying resolve call are going to visit

I can see that this debt is owned by Marlin not Cabot Europe (who are simply managing it). Marlin is not authorised by the FCA.

I can see this was an overdraft with HSBC.

I can see you sent a CCA Request to Cabot Europe in February 2018. In July 2018 Cabot admitted in writing that they were unable to comply with your request so the debt is unenforceable.

That's three reasons not to lose any sleep over this debt.

(And don't lose that Cabot letter admitting the debt is unenforceable )

Read what Jo says here too >

The claim against our clients in this case was for monies owing under a personal Current Account Overdraft. We lost at first instance before a District Judge in Peterborough County Court and appealed the decision before HHJ Walden-Smith sitting at Cambridge County Court.

The Appeal was successful yesterday. This is an important case because it confirms that consumers using the unenforceability provisions of the Consumer Credit Act 1974 can successfully defend claims for personal Current Account Overdrafts in court. In this instant case the Appeal court found the personal Current Account Overdraft agreement to be unenforceable pursuant to the Consumer Credit Act because of lack of evidence of compliance with the requirements of the OFT determination.

It was also accepted that Creditors must comply with S 78 Consumer Credit Act 1974 requests relating to personal Current Account Overdrafts, not just credit cards and loans. In this case the Appeal court did find that MFS Portfolio Ltd had complied with the S 78 Consumer Credit Act request. If they hadn’t complied with the statutory request then the personal Current Account Overdraft would have been unenforceable pursuant to s.78 (6) (a) Consumer Credit Act , which is contrary to the position creditors normally take.

The court also positively approved of the principle established in a European case ruling we put before the court that it is for the creditor to prove statutory compliance. The court did not appeove of the District Judge’s earlier decision in the lower court that our client not recalling something somehow reversed the burden of proof onto our clients and away from the Claimant.

The appeal court also found that MFS Portfolio Ltd had not proved the Assignment to it from the original creditor.

We were not successful on the MFS Portfolio Ltd’s lack of FCA Authorisation point. For obvious reasons, having won the actual appeal for our Clients, this won’t be appealed further by our Clients - however this decision is not a binding decision on other courts as HHJ Walden-Smith was sitting as a Circuit Judge and not as a High Court Judge. On this same point, we are currently waiting for reserved judgment, in a different appeal case at Chester County Court, to be handed down.

Di

[Shineon]

Everything now under control

When you get a moment you can also send a Subject Access Request to Vodafone to see what information and data they hold on file for your Husband. That way you'll know what went on, in case Lowell issue a claim.

Di

Hi, just a silly question, could you give me a link to the correct template to send please and should I use Vodafone address that I find on the internet, Thankyou