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Newbie seeking advice about County Court Claim form...

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  • Newbie seeking advice about County Court Claim form...

    Hi everyone, I am a complete newbie here so please excuse me if I don't know some of the abbreviations.

    First of all a little history and how I have dug myself in to the place I am currently in...

    My first debt was at the age of 20. I logged on to my Halifax online banking to find they had automatically given me a £10,000 overdraft. I was young, had 2 children and this money helped me move into my first rented property, buy furniture and all the necessities of a new home. Of course, I splurged on myself and my children without realising the extent of what I was doing! If only I knew what mess I would get myself into

    This debt led to several others and spiralled out of control (payday loans, catalogues, credit cards etc) and I was loving life until I was made redundant with Lloyds TSB and ended up claiming benefits.

    I ignored my debts and the letters and phone calls that came with them and I eventually got a job and was earning £1100 a month but continued to ignore my debts.

    I then decided to pursue my midwifery training so ended up going backwards and only earning a £400 bursary every month for 3 years...stupid, right?

    The original £10,000 overdraft (which ended up being a debt of £18,000 in total due to charges) dropped off my credit report in 2014 and I am still being chased for this debt to this date - apparently I made a payment towards this debt on the 1st July 2012 which would mean that the debt is not yet statute barred (this is another debt I need advice on but will discuss this on a new thread).

    Debts led to defaults and some defaults led to CCJ's. I have now been in employment for 18 months and have worked really hard to pay a lot of my debt off.

    To date, I have 3 CCJ's and 7 Defaults on my credit report which total approximately £6800. I have saved £4000 over the last 18 months and am planning on paying the remainder of my CCJ's off and some of my defaults.

    However, I got really upset today as I have received a County Court Claim Form for a Vodafone debt that was bought by Lowell amounting to £730. I contacted Lowell as I had no knowledge of this particular debt and found out that it was a Vodafone account that defaulted in April 2016. I hand on heart cannot ever remember taking out a contract with Vodafone as I have been with 3 on a SIM only contract for as long as I can remember.

    I am going to defend the claim online but I would really appreciate some help and guidance on what I need to do next as I don't believe this debt to be mine.

    At the moment, I feel like I am constantly going 1 step forward 2 steps backwards and feel quite low about this today to the point of thinking "what is the point in trying to pay my debts off anymore if this is just going to keep happening"

    Thank you for taking the time to read this post and I really appreciate anyone who takes the time to read and reply.

    x
    Tags: None

  • #2
    Hi and Welcome

    Don't let this get you down as people here will help you.

    Okay so take a look at First Steps to begin with and post back here with identifying information removed using the template on it.

    Next a Subject Access Request Letter to Vodafone to get the entire history of the account. Lee Vodafone Company Rep may also be able to assist you more quickly though.

    A CPR 31.14 Request to the Solicitors requesting the documents they list in the Particulars of Claim. Remove the paragraph about a CCA as this is a telecoms contract.
    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

    My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

    Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

    Comment


    • #3
      Originally posted by w2bdebtfree View Post
      I have received a County Court Claim Form for a Vodafone debt that was bought by Lowell amounting to £730. I contacted Lowell as I had no knowledge of this particular debt and found out that it was a Vodafone account that defaulted in April 2016. I hand on heart cannot ever remember taking out a contract with Vodafone as I have been with 3 on a SIM only contract for as long as I can remember.

      I am going to defend the claim online but I would really appreciate some help and guidance on what I need to do next as I don't believe this debt to be mine.

      There's always the possibility that this debt isn't yours and you could be the victim of identity theft which you need to establish first and foremost.

      Is there an account number mentioned in the Particulars of Claim? Even if there isn't you can call Vodafone to establish whether you really did hold an account since it was fairly recent (defaulted 2016). If they trace an account in your name, and you pass security, you'll be able to discuss it, then you'll be able to discover how the account was opened (online, in store etc) and whether there was a handset purchase involved (which may be covered by the CCA) and so on.

      A Subject Access Request to Vodafone won't help you if you never held an account with them. However a letter from them saying they don't hold any data on you could be helpful.

      Have you moved house since 2016 so any correspondence from Vodafone (or Lowells) may have gone elsewhere until this claim arrived?

      Di

      Comment


      • #4
        Originally posted by w2bdebtfree View Post
        Hi everyone, I am a complete newbie here so please excuse me if I don't know some of the abbreviations...

        ...However, I got really upset today as I have received a County Court Claim Form for a Vodafone debt that was bought by Lowell amounting to £730. I contacted Lowell as I had no knowledge of this particular debt and found out that it was a Vodafone account that defaulted in April 2016. I hand on heart cannot ever remember taking out a contract with Vodafone as I have been with 3 on a SIM only contract for as long as I can remember.

        I am going to defend the claim online but I would really appreciate some help and guidance on what I need to do next as I don't believe this debt to be mine.

        At the moment, I feel like I am constantly going 1 step forward 2 steps backwards and feel quite low about this today to the point of thinking "what is the point in trying to pay my debts off anymore if this is just going to keep happening"

        Thank you for taking the time to read this post and I really appreciate anyone who takes the time to read and reply.

        x
        Hi w2bdebtfree,

        I understand that receiving an unexpected court claim can be upsetting.

        As you don't recall having an account with us, please email me with the relevant account details via the form here so I can get this investigated.

        To access the form you'll need to enter the code WRT135.

        As well as stating your query in the question box, please also quote "Legal Beagles".

        Once sent, you'll receive an automated reply with a reference number. Post it on here and I'll check that I've received it.

        Kind regards,

        Lee

        Vodafone Social Media


        I am an official company representative of Vodafone UK.

        LegalBeagles has given permission for me to post in response to queries about the company, so that I can help resolve issues.

        This does NOT imply any form of approval of my company or its products by LegalBEAGLES.

        Comment

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