** LOST ** Vodafone refuse to help

[amunray]

Good afternoon LB's.

Good afternoon Amethyst and @Slainte hope you are both well.

Just wanted to let you know that, I did go to court on the 20th (hated it), just felt one sided and as I had failed to submit my WS on time, the judge did not permit it. I didn't say much in my defence as it seemed pointless (plus I was overly nervous anyway).

Lowells won; I was sent a 'General Form of Judgement or Order' by the court to pay the full amount plus costs. Of course smug Lowells sent me a copy of said order and a letter offering 'help' to set up a repayment plan if I am unable to pay the full amount. Well, obviously I cannot afford to do that, so am wondering what my next step should be?

I sent an email to the court this morning to let them know my position as I would hate bailiffs to turn up and upset my mum.

I guess I am asking if I should write to Lowells with a breakdown of my finances (that'll be 1 line of nothing) and an offer of a nominal payment?

Look forward to any advice on what I will be facing now.

Many thanks in advance

A.

[Amethyst]

Hey xxx

Sorry to hear they didn't allow your witness statement, I know you'd half expected it due to the misreading of the hearing date order, but it's still annoying - you had got it in 7 days before at least.... anyway well done for going - at least you could see how it worked and what was going on, rather than waiting at home worrying about it. You did it, so should be proud of yourself so try to take something positive away from the experience.

Once you realised the cock up with the dates you did everything you could to get back in control of the situation, which is commendable, others may have just hid and let it ride... so it's been an experience and you know to deal with anything as it comes in from here on.

You can now negotiate a payment plan with Lowell, fill in their IE sheet and negotiate an affordable amount directly - or you can apply to do that with the court - which is the form N245 ( see https://www.gov.uk/government/public...on-of-an-order ) which is basically the same as negotiating with Lowell in that you submit your IE information, but then the payments are set at an affordable amount decided on by the court, and they can't be varied without further court applications from the other side.

Do make sure you do one or the other - ignoring it will just cause bigger problems and increase the amount owed. You will have a CCJ against you now for six years - not the end of the world - just don't be tempted into any sub prime bad credit kind of loans/cards etc and just steer clear of credit. It'll put you in a much better position in a few years when you've got yourself back on top of things

Did you get the SAR off to Vodafone at all ? I know it wont' really help matters now with regards the debt but it'd be useful to know if you were right in arguing the case had it been allowed to proceed.

[amunray]

Good morning Amethyst

Thank you your quick response (as always).

It certainly was an experience and one I hope I never ever find myself in again. I am however, glad your argument for attending gave me the push to go.

It is a shame about the CCJ but I can say with complete certainty that I will not be going anywhere near any form of credit again. I just want to continue focusing on finding paid employment.

Lowells did not send me an IE sheet, only a letter saying I should contact them to arrange payment and a copy of the court judgment. Is there an IE template I can use? I definitely will not ignore this; look where burying my head in the sand got me!

I sent off the SAR to Vodafone before the court hearing but have yet to receive a response from them.

Thanks Amethyst

Amun.

[Amethyst]

No problem xx

It's probably good that you absolutely hated court, as if you ever get another claim I'd hazard a guess you'll get it dealt with straight away so you don't have to go through it again Every cloud...

You could use something like the attached or this from NedCAB https://nedcab.cabmoney.org.uk/quickfs.asp if you'd rather fill out online and print out with all the maths done for you

Lowell would likely send you one if you wanted to ring them and ask them to. Otherwise they may well send you their own one after you've sent yours to them. But it'd be worthwhile doing your own full financial statement in any case, so you have a good idea of your overall position, and if any other stuff pops up you're worried about we can try help you deal with it.

[amunray]

Right as always...

Every cloud indeed.

I like the sound of having the maths calculated for me so will use the Ned CAB to send to Lowells (really don't fancy speaking to them). I will also use the template you attached, to keep for my own personal records.

Thank you as always for everything.

I'll be here in the background reading all the amazing non judgmental support and guidance you and the other LB's offer those of us in need of a helping hand.

Amun x.

[amunray]

Hello LB's

Just wanted to ask for some advice regarding what my next step should be, following the courts award to Lowells.

On 08 August, I sent the court and Lowells a current financial statement and holding letter, using the debt advisory website Amethyst provided for me (thanks again).

However, I have not had any response from either (didn't really expect to hear from the court) but Lowells have totally ignored my correspondence. I sent the letters to both recipients by recorded delivery, both were signed for the following day.

Should I be worried? Should I send another letter to Lowells chasing up the first? The last thing I want to happen is Bailiffs turning up at my mums front door

Any advice would be appreciated as always.

Many thanks

A.

[Amethyst]

Not hugely helpful of them is it. You mention you sent a copy of the Income Expenditure to the court, did you decide to go with an application ( N245 form) ? or just negotiate directly with Lowell ? Did you put a covering letter with the IE sheets so they know what it was regarding ?

[amunray]

Hi Amethyst.

No I didn't do the form, I just sent the expenditure details with a letter explaining my position to the court and that I would be sending the same form to Lowells also explaining my position and what I could afford to pay.

I have a feeling Lowells have ignored the letter due to the fact that I have no income to pay the balance in full, much less being able to afford what they would deem a substantial monthly payment.

A.

[Amethyst]

Okay, well it's been over a month so you might need to get an application into the court so that your income and expenditure is properly looked at and a reasonable amount set as an installment. You may need to apply for fee remission ( EX160 ) for the £50 fee too. You can get all the forms (EX160 and N245) together and filled out, using your NedCAB IE sheet for guidance and then get a copy over to the Court and Lowell.

[amunray]

Good morning Amethyst

Thank you for the advice.

I will get on the NedCAB website today and fill both forms in as I will need help with the fee.

I will update if I receive any correspondence from either.

A.

[Amethyst]

EX160 for the fees is https://www.gov.uk/government/public...-tribunal-fees

N245 for the application is https://www.gov.uk/government/public...on-of-an-order
(you're asking to vary the order from forthwith to installments )

[amunray]

Brilliant...

Thanks again Amethyst x