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  • #1

    Lowells have issued a CCJ please help

    Hi guys


    really panicking here, they're are chasing me for a vodafone account from over 6 years ago. I got in a lot of debt when i was younger but paid it all off except for debts i didn't believe i owed. this being one of them, at the time i was with vodafone i just wasnt getting what i was paying for, calls kept disconnecting, messages not going through. complained multiple times to vodafone with no action. eventually i cancelled my direct debit and explained to them why. years went by till lowells got hold of it.


    Ive been communicating with them normally explained why i don't think i owe this debt (its for £994 by the way which is ridiculous) and they said they'd look into it. i emailed them back the other day and they were wanting more personal details from me than i was prepared to give to a company i don't know. i said I've got their letter and ref number and i wanted to make sure I owe the money and I'm not giving out all my personal details, i wanted a copy of the original signed contract and they're claiming i made a payment to the account 5 years ago (which I have no record of) so i asked them for proof of this.


    next thing i get the count court claim form through the door? really not sure what to do and panicking a bit as all the work to paying off my debts will be for nothing if they successfully get this against me, what can i do?

    I hope I've written the format right below this is my first time on these forums, I've already been on the MCOL site and acknowledged the claim


    thanks in advance, Steve

    Issue date - 16th march
    amount - £994
    claimant - lowells solicitors
    original creditor - vodafone
    Tags: action, calls, cancelled, ccj, chasing, claim form, contract, court, creditor, date, debit, debt, debts, details, direct debit, help, letter, lowells, money, owed, paid, personal, rac, vodafone, work
  • #2
    Re: Lowells have issued a CCJ please help

    Hi, welcome to AAD and try not to panic, much easier said than done. We have a very successful legal team. I have alerted them.
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

    Comment

    • #3
      Re: Lowells have issued a CCJ please help

      Also, read here http://forums.all-about-debt.co.uk/s...rom-a-Creditor for guidance.
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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      • #4
        Re: Lowells have issued a CCJ please help

        Can you email a copy of the claim form (unedited) to us.

        webmaster@all-about-debt.co.uk AND planb@all-about-debt.co.uk
        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

        Comment

        • #5
          Re: Lowells have issued a CCJ please help

          Ive just emailed that over guys thank you

          Comment

          • #6
            Re: Lowells have issued a CCJ please help

            Originally posted by Stav_Ellis View Post
            they're claiming i made a payment to the account 5 years ago (which I have no record of) so i asked them for proof of this

            . . . . I've already been on the MCOL site and acknowledged the claim
            Hello Stav and to AAD.

            Thank you for emailing the claim form so swiftly.

            Have you ever made a payment to Lowells since they purchased the debt? If not then it looks like it's statute barred going by the assignment date on the claim form.

            When they said you'd made a payment 5 years ago did they tell you how much and who to? It appears that Lowells owned the account five years ago. They could be bluffing. With a claim the onus is on the Claimant (Lowells) to prove their case so they'll have to come up with some hard evidence.

            Have you got anything in writing to say you cancelled your contract with Vodafone, because cancelling your direct debit may not have been the same thing. Were you out of your initial lock-in contract period when you dumped them? If the contract hadn't expired then they may have billed you for the months they felt were due until the minimum period had expired.

            There should be notes on their files but I don't know how far back their records will go. What year did you cancel?

            I see you've already acknowledged service of the claim online, I presume you said that you intend to defend all of the claim.

            Try not to worry, there is enough time to sort this out. You have 33 days from the issue date on the summons to file your Defence and we can help you with that.

            Plan B x

            Comment

            • #7
              Re: Lowells have issued a CCJ please help

              Hi mate thanks for helping

              I asked the question to lowells and they said id made a payment of £49 5 years ago to them which i asked for proof of and what payment method etc as i had no record of it, no reply to that. i never cancelled my contract id basically complained and complained over the course of a year with no compensation from vodafone or help in my issues so i just cancelled my DD, at the time i saw it as they were in breach as they weren't providing a service i was paying for... maybe a little young and naive? so yes as far as they were concerned i owed the rest of my contract, I've asked lowells for the original signed contract and had no reply, i told lowells about the companies to vodafone which they said they'd investigate... nothing from them. yes i said defend all on the site mate, i still have the emails asking lowells for this information and them saying they'd speak to vodafone to retrieve them but then nothing has come of it, surely this is ok as I'm just making sure i owe the money they haven't provided me any evidence that i do owe it and now issued me this cci! seems really unfair

              Comment

              • #8
                Re: Lowells have issued a CCJ please help

                Do you have any bank account records from 5 years ago that you could check?
                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                Comment

                • #9
                  Re: Lowells have issued a CCJ please help

                  I've checked and theres no record, i asked them for details of the payment such as what card was used etc so i could check it but no reply they went straight to the ccj

                  Comment

                  • #10
                    Re: Lowells have issued a CCJ please help

                    Originally posted by Stav_Ellis View Post
                    Hi mate thanks for helping

                    I asked the question to lowells and they said id made a payment of £49 5 years ago to them which i asked for proof of and what payment method etc as i had no record of it, no reply to that. i never cancelled my contract id basically complained and complained over the course of a year with no compensation from vodafone or help in my issues so i just cancelled my DD, at the time i saw it as they were in breach as they weren't providing a service i was paying for... maybe a little young and naive? so yes as far as they were concerned i owed the rest of my contract, I've asked lowells for the original signed contract and had no reply, i told lowells about the companies to vodafone which they said they'd investigate... nothing from them. yes i said defend all on the site mate, i still have the emails asking lowells for this information and them saying they'd speak to vodafone to retrieve them but then nothing has come of it, surely this is ok as I'm just making sure i owe the money they haven't provided me any evidence that i do owe it and now issued me this cci! seems really unfair
                    Ive had similar. I was with Voda and had a contract iPad with no sim for the entire 2yr period. Complain and complain. Nothing. So I just left all my contracts to expire and left them.

                    They're awful lately. I must be the only person to get a legal threat based on my comments on their FB page

                    Anyway, good luck. Sadly it appears the bill is for the remainder of the contract but if that's a year at around £50pm then you can see where the £900 or so comes from (fees / charges / legal)....

                    We'll help as best we can.
                    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                    Comment

                    • #11
                      Re: Lowells have issued a CCJ please help

                      Originally posted by Stav_Ellis View Post
                      I've checked and theres no record, i asked them for details of the payment such as what card was used etc so i could check it but no reply they went straight to the ccj
                      There is no ccj. It's a claim. Nothing else.

                      Try not to stress as we'll demand they send evidence of this alleged payment in the defence.
                      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                      Comment

                      • #12
                        Re: Lowells have issued a CCJ please help

                        Originally posted by Stav_Ellis View Post
                        I've checked and theres no record, i asked them for details of the payment such as what card was used etc so i could check it but no reply
                        I'm sure you asked them nice and politely for the details so this time you can ask them more formally

                        The Particulars of Claim specifically mention an agreement with Vodafone, a Default Notice and a Notice of Assignment. You have every right to see those items since they're saying that those are the documents that they'll be relying on in court to prove their claim. You need to see these in order to defend yourself properly.

                        Send this CPR 31.14 Template Letter to Lowells Solicitors at the address in the second box (not the Claimant Lowells Portfolio named in the first box). http://forums.all-about-debt.co.uk/s...l=1#post495048

                        Delete the second paragraph which begins "Attached with this request is a formal request under the CCA . . . . " since you'll not be sending one of those. Add in your details, claim number etc . I would also add No 6 to the list "Copies of statements" in case that flushes out the last payment and/or the mystery payment (or not).

                        Send it by Royal Mail Recorded Delivery.

                        Then let us know what comes back. Hopefully it will be a letter admitting that they haven't got the documents because that will be invaluable to you as the legal process unfolds.

                        Plan B x

                        Comment

                        • #13
                          Re: Lowells have issued a CCJ please help

                          Originally posted by Stav_Ellis View Post
                          they went straight to the ccj
                          You're a long way off from getting a CCJ.

                          If you file a Defence then you will be offered the opportunity to have free telephone Mediation where you can settle the claim on mutually acceptable terms without getting a CCJ if the other side is willing to co-operate.

                          First things first. Let's discover whether Lowells have any evidence of a payment to them five years ago.

                          Do/did you have any other debts with Lowells which may have caused them to credit any payment to the wrong account?

                          Plan B x

                          Comment

                          • #14
                            Re: Lowells have issued a CCJ please help

                            Thats great guys thank you so much i'll get right on this. can i ask do you get any thanks for helping people? its a great thing that you do

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                            • #15
                              Re: Lowells have issued a CCJ please help

                              The thanks is seeing people survive, realise their rights and come out the other side still smiling!
                              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                              Comment

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