Lowell Portfolio, BW legal, help.

[Loopy]

Hi everyone,
I went to Ipswich county court in April this year as the defendant against Lowell Portfolio who were represented by BW legal. I had a contract with Vodafone which I always paid by dd, the trouble happened when i received a call from vodafone offering me another handset for £10pcm I said yes I received the phone but sent it back within the 7 days cool off period. They received the phone back. When it came to my dd they tried to take the money for the sent back phone on top of usual charges and it wasn't for £10 it was for £20. I didn't have enough money in account to cover the cost so after phoning my bank the bank stopped the dd. I phoned vodafone straight away and they agreed they had overcharged so said they would send out a revised bill, they never did. 2 weeks later they switched phone off, they said they would only put it back on if I paid all of the outstanding balance even though they agreed I didn't owe it all. I couldn't afford to do this. After a couple weeks without a phone I got a new contract with a different provider as I thought they had cancelled the contract. Anyway i spoke to vodafone via email and said I wanted to pay what was outstanding up until they switched me off. They agreed they had made a mistake but still said I was under contract. The debt was bought by Lowell Portfolio and it went to court on April 30th, the judge agreed with me as i provided emails from vodafone admitting they had overcharged me, he adjourned til the 30.6.15 to give them time to investigate email and for negotiations. That time passed and as I hadn't heard from them I thought it had gone away. I then received another letter from county court saying if they hadn't heard by the 10th Sept the case would be thrown out. I just received another court date for the 11 Nov at 11am (remembrance day, great) saying they received a letter from BW legal on the 8th Sept and there was a new listing and any new evidence must be received by 12th Oct. I do not know what to expect or what to do now, please help.

[Kati]

Re: Lowell Portfolio, BW legal, help.

:bump: sorry this has been missed [MENTION=72622]Loopy[/MENTION] ... I'm sure you will get lots of help and advice xx

[FlamingParrot]

Re: Lowell Portfolio, BW legal, help.

Hi everyone,
I went to Ipswich county court in April this year as the defendant against Lowell Portfolio who were represented by BW legal. I had a contract with Vodafone which I always paid by dd, the trouble happened when i received a call from vodafone offering me another handset for £10pcm I said yes I received the phone but sent it back within the 7 days cool off period. They received the phone back. When it came to my dd they tried to take the money for the sent back phone on top of usual charges and it wasn't for £10 it was for £20. I didn't have enough money in account to cover the cost so after phoning my bank the bank stopped the dd. I phoned vodafone straight away and they agreed they had overcharged so said they would send out a revised bill, they never did. 2 weeks later they switched phone off, they said they would only put it back on if I paid all of the outstanding balance even though they agreed I didn't owe it all. I couldn't afford to do this. After a couple weeks without a phone I got a new contract with a different provider as I thought they had cancelled the contract. Anyway i spoke to vodafone via email and said I wanted to pay what was outstanding up until they switched me off. They agreed they had made a mistake but still said I was under contract. The debt was bought by Lowell Portfolio and it went to court on April 30th, the judge agreed with me as i provided emails from vodafone admitting they had overcharged me, he adjourned til the 30.6.15 to give them time to investigate email and for negotiations. That time passed and as I hadn't heard from them I thought it had gone away.

Hi
It sounds like the claim got stayed when they failed to respond by the end of June, however, stayed claims don't go away, they are dormant, not dead, so they can be awakened at any time if they apply to lif the stay. A claim has to be discontinued for it to be considered to have gone away.

How much is the claim for?

I then received another letter from county court saying if they hadn't heard by the 10th Sept the case would be thrown out. I just received another court date for the 11 Nov at 11am (remembrance day, great) saying they received a letter from BW legal on the 8th Sept and there was a new listing and any new evidence must be received by 12th Oct. I do not know what to expect or what to do now, please help.

Basically Lowell bought an account from Vodafone, accounts are sold without any paperwork and debt purchasers like Lowell issue claim speculatively hoping for default judgment. When they are challenged to produce evidence of the debt, they have to go back to the original creditor to obtain the paperwork. Sounds like this is exactly what happened here, they failed to obtain anything in the Spring so the case ended up stayed.

The deadline for them to provide the so-called evidence is just round the corner, let's see what they come up with. :ranger:

Meanwhile, have you got paperwork regarding your dealings with Vodafone? How long ago was the dispute with Vodafone?