lowell/voda ccj

[nosmaster89]

he there new to the forum having problems with vodaphone i received a ccj at the end of febuary (£1000ish) i only recieved a judgement in default not a claim form.

i had a ongoin service dispute with vodaphone between 2014 and 2015 and in september 15 they agreed to csncel the contract free of charge . i recieved letters 9months later from lowell so i went back to vodsphone who said they couldnt check phonecalls that old and the accoun didnt reflect my "story" and refuesed to do anything i kept fighting vodaphone they removed the mrk on my credit file and i thought it was over then this year a ccj.
i sent of a SAR to vodaphone and now have notes from the account and can see that it clearly states that they offered to cancel FOC but i have fowared that to lowells solicitor and they have replied it isnt enough evidence .

as much as i cant be bothered with this company anymore i dont see why i sould have a ccj in my name for a admin error of a corporation im looking to ask the court to get the judgement set aside can anyone offer any other advise

TIA

[MIKE770]

Vodafone the worse as stated by WHICH magazine poll again, they have a rep on here Lee see if he surfaces? he must be embarrassed at the constant revelations

[jaguarsuk]

he there new to the forum having problems with vodaphone i received a ccj at the end of febuary (£1000ish) i only recieved a judgement in default not a claim form.

i had a ongoin service dispute with vodaphone between 2014 and 2015 and in september 15 they agreed to csncel the contract free of charge . i recieved letters 9months later from lowell so i went back to vodsphone who said they couldnt check phonecalls that old and the accoun didnt reflect my "story" and refuesed to do anything i kept fighting vodaphone they removed the mrk on my credit file and i thought it was over then this year a ccj.
i sent of a SAR to vodaphone and now have notes from the account and can see that it clearly states that they offered to cancel FOC but i have fowared that to lowells solicitor and they have replied it isnt enough evidence .

as much as i cant be bothered with this company anymore i dont see why i sould have a ccj in my name for a admin error of a corporation im looking to ask the court to get the judgement set aside can anyone offer any other advise

TIA

Hi Tia and welcome

I wanted to say this bit first because it's important and doesn't get missed. Any application to the court carries a risk if you are unsuccessful of having costs awarded to the other side against you.

Basically you need to make an application to set the judgement aside pursuant to CPR Part 13.2 as you were not in receipt of the claim form and the claim was settled before judgement was entered as you can evidence no debt owing. This will cost you £255 to file or if you are on a low income/benefits you may be eligible for help with fees. If successful in getting the judgement set aside you should ask for costs of it to be awarded to you.

If you can gain the consent of the Claimant to set it aside then the fee is reduced I believe and you obviously have a better chance of success in setting it aside.

In an application if they do not consent I would also apply for the court to dismiss the claim on the grounds that Vodafone agreed to end the contract with no early termination fees, therefore they could not have legally assigned any debt to Lowell (if they are the Claimant) and filing the claim is an abuse of process as no debt is owed.

Lee Vodafone Company Rep I think your company ought to helping this individual whom has a copy of your call log showing no debt is owed and now has a CCJ against their name apparently from an administrative error. Probably in addition to some help from Vodafone Tia you might want to see what compensation they offer... £255 sounds about right to me so you don't have to gamble on whether you'll get your costs back.

There is a much more in depth explanation of set aside here: http://legalbeagles.info/forums/foru...tailed-version

[nosmaster89]

thank you for yoyr advice (tia = thanks in advance )
my name is lee but thank you so far i have sent the call log to lowell and they said causei had chaced tje debt with voda 9 months latèr there was a note saying call the ombidsam they said they down belive it was cancelled (clearly it wasnt or i woudnt have had a debt) but they say im still liable

[Vodafone Company Rep]

Hi nosmaster89,

I appreciate the concerns you've raised here.

So I can access the account to see what's happened, please email me via the form here.

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

[bizzybob]

Voda should tell Lowell to cancel the CCJ, as the debt was wrongly sold to them, Lowell would send a claimform for a quid they are a greedy fleecing DCA. Voda probably sold them the balance for pennies in the pound. wrongly as there was no debt to sell on. Voda are as liable as Lowell, they wrongly sold the non debt to lowell.
if Lowell won't Voda should be ethical and bankroll the set aside and provide the evidence that Lowell obtained a CCJ for a zero balance.

You deffo didn't recieve a letter Before Action, nor a claimform? Have you moved house in the last 2 years?

[nosmaster89]

no claim form recieved nothing untill jidgement had other item of post not turn up at the same time vodaphone wont budge as there in deadlock with me tells me to go to obudsman but they wont help now there is a ccj iv just come back of the phone to voda and they have again told me to go to the onbudsman lowell say because it went to deadlock 2 years after i closed it they think its a valid debt .

i heard the daily mail were intrested in voda cases does anyone have any contact info ?

[jaguarsuk]

i heard the daily mail were intrested in voda cases does anyone have any contact info ?

I wouldn't go talking to journalists, they are only interested in the story and usually make things worse. Contact Lee via the method in post #5 and resolve this the correct way.

[MIKE770]

blimey do not let Di hear that!

[Diana M]

blimey do not let Di hear that!

I heard that!

After several decades as an award winning journalist I obviously resent such a negative sweeping statement against my former profession.

The same poster has expressed their distain of all members of the legal profession (my current profession) in posts on another thread which I ignored.

Forums are for expressing opinions - what’s been said is only one person’s opinion not a fact

Di

[MIKE770]

New it, some people have to be told sometimes Di is the person to tell them! good on you our Di.

[Diana M]

i heard the daily mail were intrested in voda cases does anyone have any contact info ?

I used to be a journalist on the Daily Mail - what makes you think they are currently interested in these cases?

Publicity can be a force for good if it’s accurately reported and doesn’t cause problems with any ongoing litigation.

Di

[jaguarsuk]

I heard that!

After several decades as an award winning journalist I obviously resent such a negative sweeping statement against my former profession.

The same poster has expressed their distain of all members of the legal profession (my current profession) in posts on another thread which I ignored.

Forums are for expressing opinions - what’s been said is only one person’s opinion not a fact

Di

It was not directed as a personal affront to you, it was merely a statement based on experience with multiple media interactions and so was my opinion of legal professionals.

As to quite why you would believe either are directed at you or feel the need to respond to either is beyond me as neither were directed at you via an @ tag?

[nosmaster89]

well i contacted that form from lee but i didnt receive a email back from them. So its a waiting game i suppose

[Amethyst]

If you are going to apply to set aside this judgment you will need to do it promptly. You would then be able to defend the debt claim ( or settle ).

So you should ask for the claimants consent to set aside the judgment firstly, and then apply to the court - it will cost you £255 ( unless you're on a v low income / benefits when you can apply for fee remission ).

Do you know how come you didn't receive the original claim in order to defend it?