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  • Stav_Ellis
    replied
    Re: Lowells have issued a CCJ please help

    They said it was a debit card payment though and provided no information and evidence of it? They've literally never once sent me anything to prove I owe money surely this is the same as a Nigerian prince sending me emails that he has money for him in they eyes of the law? Lol this was from 2007 so I literally have nothing from Vodafone, the phone I sent back to them I remember. No I got a new number, they never acknowledged that I finished my contract as to them I didn't but I complained so many times to no help or change that I just stopped paying

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  • PlanB
    replied
    Re: Lowells have issued a CCJ please help

    Thanks for all your emails.

    We've now established that the debt is not SB (bummer ). We'll have to look for a Plan B for your defence.

    What date approximately did you start the contract and how long was the minimum contract period (12/18 or 24 months)?

    What was the notification period for cancelling the contract after the minimum period expired (usually 30 days)?

    How much was the monthly tariff? What did it include (number of minutes/texts/data)?

    Do you have any Vodafone correspondence/bills etc detailing calls made (or unable to make due to lack of signal) to prove that they didn't provide a viable service?

    How did you set up this contract in the first place? Was it in a Vodafone store or online etc?

    What happened to the handset (assuming there was one) which came with the contract?

    Finally, did you port your number to another mobile provider? This could help to establish that Vodafone 'acknowledged' you cancelled your contract even though you may not have proof of that cancellation.

    Plan B x

    Leave a comment:


  • PlanB
    replied
    Re: Lowells have issued a CCJ please help

    Originally posted by Stav_Ellis View Post
    just checking I don't need to do anything with this letter lowells have sent. I have to file my defence by Sunday night is it pretty self explanatory? Still haven't received anything from lowells other than this letter
    No you don't need to respond to Lowells' letter.

    What you do need to do is check your files and online bank account (if you have one) to see if there really was a mystery £49 payment made by you 5 years ago as Lowells have claimed.

    I've re-read your thread and can see that you've been in regular correspondence with Lowells (by email) so can you forward those emails to me then I can see what you've told them so far and what they've said in reply. It's always good to know what the enemy may have up their sleeve.

    Originally posted by Stav_Ellis View Post
    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
    Lowells may not have replied to your CPR 31.14 Request but they still have got it. This is why we leave filing Defences until the last minute in case new information comes to light. Your Defence deadline is 4 pm Monday 18th April since your 'due date' is a Sunday which means it moves on a day.

    On the issue of not cancelling your contract you may like to read this story in the Daily Mail last Saturday. You're not the only person who has fallen foul of Vodafone's avaricious ways http://www.dailymail.co.uk/money/bil...-t-let-go.html

    They're not good at paying their tax bills in this country either!

    Plan B x

    Leave a comment:


  • Stav_Ellis
    replied
    Re: Lowells have issued a CCJ please help

    Hello again, just checking I don't need to do anything with this letter lowells have sent. I have to file my defence by Sunday night is it pretty self explanatory? Still haven't received anything from lowells other than this letter saying I haven't acknowledged it (which I checked with the court and they said I have and lowells know this)

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Lowells have issued a CCJ please help

    Originally posted by Stav_Ellis View Post
    Hi plan B, yep I've just spoke to the court they said everything went through fine on the 22nd March and they let Lowell solicitors know my response straight away. The letter lowells sent me is dated the 1st April so they've obviously got that response from the court. She confirmed I need to file my defence by the 18th and I can do it online
    Ideally you ought to subscribe to AAD+ if you want bespoke advice from our legal team (Jo / planB) -> http://forums.all-about-debt.co.uk/aad-members.php

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Lowells have issued a CCJ please help

    Originally posted by PlanB View Post
    . . . and I'm aware too.
    Apologies. Yes, I emailed you both.

    Leave a comment:


  • Stav_Ellis
    replied
    Re: Lowells have issued a CCJ please help

    Hi plan B, yep I've just spoke to the court they said everything went through fine on the 22nd March and they let Lowell solicitors know my response straight away. The letter lowells sent me is dated the 1st April so they've obviously got that response from the court. She confirmed I need to file my defence by the 18th and I can do it online

    Leave a comment:


  • PlanB
    replied
    Re: Lowells have issued a CCJ please help

    . . . and I'm aware too

    It sounds as if you've received a standard bully letter from Lowells solicitors who are trying to scare you into paying before you file your Defence which is not due until 18th April .

    However it may be wise to make sure that the AOS you filed online was successful. Call the court to check. The number is on your claim form and they will ask you to clear security with your claim number, address and DOB.

    Post up to let us know all is well.

    Plan B x

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Lowells have issued a CCJ please help

    Chill. Don't stress.

    Jo is aware

    Leave a comment:


  • Stav_Ellis
    replied
    Re: Lowells have issued a CCJ please help

    Hi guys, I've had a letter from lowells solicitors but no mention at all of what I've sent to them. it says notice of impending CCJ.nthey say they have issued legal proceedings and i have failed to respond? i have responded to the court thing on the internet and sent them a recorded delivery letter what are they talking about? it then says if i do not contact them or respond to the claim they will ask the court to issue a ccj against me after 11/04/2016/ it then says about i have to make full payment in one calendar month etc

    what should i do?

    Leave a comment:


  • PlanB
    replied
    Re: Lowells have issued a CCJ please help

    There is nothing you need to do until nearer the 18th April.

    Post up if you get any response to your CPR 31.14 request. The reason for leaving the Defence until close to the deadline is to wait to see if more information comes along in the meantime which may need to be reflected in your Defence.

    Plan B x

    Leave a comment:


  • Stav_Ellis
    replied
    Re: Lowells have issued a CCJ please help

    So my defence needs to be sent by the 18th april? does that mean filling in the claim form they sent and sending it back by then? or is there something else i need to do i don't know about yet? I've not received anything else so far from the court after i went on the internet and said defend in full, and nothing from lowells either...

    Leave a comment:


  • Pixie
    replied
    Re: Lowells have issued a CCJ please help

    There's no need for you to worry about anything until closer to the 33 days from the date of service of the claim when you will need to file your defence (ie the reasons that you think you aren't liable for the debt.) A lot depends on whether or not you get a reply to the CPR 31.14 before then. Don't worry, we won't leave you high and dry.

    Leave a comment:


  • Stav_Ellis
    replied
    Re: Lowells have issued a CCJ please help

    ok thanks plan b, if they don't reply to my CPR whats the next step? will the court summon me? will they cancel? i have no idea lol the worry slips away once i know what I'm doing. sound like a broken record but thanks for all your help, support and encouragement

    Leave a comment:


  • PlanB
    replied
    Re: Lowells have issued a CCJ please help

    Originally posted by Stav_Ellis View Post
    really not sure what the whole prepare my defence means, all i got told that there would be a phone call for mediation once id sent lowells that letter i sent them asking for everything in the template? its all getting confusing now and i have no idea what to do or what happens next :-(
    Don't worry we'll keep answering your questions so fire away.

    The potential for Mediation comes after you have filed a Defence.

    Let's see how they respond to your CPR 31.14 request (or not) and then you'll have a better idea of what can go into your Defence.

    Plan B x

    Leave a comment:

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