Lowell's issued a CCJ

[Stav_Ellis]

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

[MIKE770]

Re: Lowell's issued a CCJ

more detail last payment/ acknowledgment of debt, taken out contract etc

if N1 received acknowledge via MCOL defend all

@nemesis45

[Stav_Ellis]

Re: Lowell's issued a CCJ

Hi mate, they said the last payment was 5 years ago but i have no record of it and I've asked for proof of that payment and what card was used etc, i don't acknowledge the debt and have said so on the MCOL site and have said defend all as advised

[Kati]

Re: Lowell's issued a CCJ

Can you type up the Particulars of Claim please?

You say that you've acknowledged the claim via MCOL ... did you tick defend in full?

While you're waiting for Nem to come on, there's a good guide to your first steps here - http://legalbeagles.info/forums/show...it-Court-Claim - whichshould help get you started xx

[Stav_Ellis]

Re: Lowell's issued a CCJ

Hi Kati thanks for replying, I'm not sure what you mean by the particulars of the claim? yes I've checked defend in full on the MCOL site. checked that link you sent and it says the particulars but doesn't explain what that means? sorry if i sound a bit dumb lol

[Kati]

Re: Lowell's issued a CCJ

Hi Kati thanks for replying, I'm not sure what you mean by the particulars of the claim? yes I've checked defend in full on the MCOL site. checked that link you sent and it says the particulars but doesn't explain what that means? sorry if i sound a bit dumb lol

There will be a block of writing on the claim form ... usually looks something like:

Particulars of claim
1) The defendant entered into a Consumer credit act 1974 regulated agreement with XXXXXXXXXXX under account reference XXXXXXXXXXX ('the agreement')
2) The defendant failed to maintain the required payments and a default notice was served and not complied with.
3) The agreement was later assigned to the claimant on 26/04/2013 and notice given to the defendant.
4) Despite repeated requests for payment the sum of ££££££ remains due and outstanding.
And the claimant claims
A) the said sum of ££££££
b) Interest pursuant to s69 County Courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.063, but limited to one year ,being £22.96
C) Costs

Amount claimed ££££££
Court fee £££££
Legal representatives costs £££££
Total amount £££££

If you can type those up, it will enable us to advise more easily xx

[Stav_Ellis]

Re: Lowell's issued a CCJ

ah yes sorry on the form, thanks for clearing that up Kati, Here goes

1) the defendant entered into an agreement with vodafone under account reference xxxxxxxx
2) the defendant failed to maintain the required payments and a default notice was served and not complied with
3( the agreement was later assigned to the claimant on 28/08/2009 and notice given to the defendant
4) despite repeated requests the sum of £800 remains due and outstanding
and the claimant claims
a)the said sum of £800
b)interest pursuant to s69 county court act 1984 at the rate of 8% per annum from the date of the assignment to the date of issue accruing at a daily rate of £0.175 but limited to one year, being £64
c) costs

[Nibbler]

Re: Lowell's issued a CCJ

So, if it was assigned to Lowells in 2009, then the payment they alleged was made 5 years ago must have been one made to them as it would have been in their hands by that time.

Can you recall paying a debt collector back then? May not have been Lowells by name, as DCAs often use others to chase on their behalf.

Did they give a date for it?

Lowells have a long dirty history of inventing payments that never happened, so it would not be surprisign if that was the case here as well.

[Stav_Ellis]

Re: Lowell's issued a CCJ

no i was in my new job by that time and i have no recollection of this alleged payment and checked my records and nothing, also asked them for details and evidence of it and they've ignored it and jumped straight to the cci i received today! as far as i was concerned i was making sure i owe this money and wanted evidence of that and they've not provided me with any at all, i even asked for the signed contract from vodafone that i signed... nothing