in October 2016 I've started a 2 years contract with Vodafone but after half a year I couldn't keep up with the payment and didn't pay since then.

I do plan on getting rid of the debt once I'm fully back on track, I can't afford it at the minute and hoped I still have some time before any legal action can be taken.

Recently I started receiving letters from Lowell Financial Ltd, headlining with "Pre-Legal Assesment".

Do I have to be worried about any legal action?

My Vodafone contract ends in Oct 2018 in theory.

Are they able to file a CCJ even if they bought a debt of a contract that is not even brought to an end?

I have read many other posts where people come with contracts that are 5-6-7 years old, and I'm here wondering how worried should I be about this letter. See the letter below.

Thank you in advance.

Yes, you've already admitted your in breech of contract.

they will not run away on that figure! you made the contract and failed to keep to it, you must of had plenty of time to sort it out by this stage (letters etc). see what others suggest!

You could send a prove it letter, saying that Lowells have not provided enough information about the alleged debt. Ask them to forward a full copy of any signed contract, a copy of all statements of account and a copy of any default notice issued. Send by standard recorded delivery or at least get proof of postage at a Post Office.

If you do that, then it puts the ball back in Lowells side of the court and they should obtain the information for you. At the moment Lowells will not have the documents from Vodafone, so by sending this letter, it evidences that you have made a request, which should put the matter on hold.

Once you have had a response from Lowell, come back for more advice.

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Dont send anything its all cost till end of contract an unfair under fca conc

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Dont send anything its all cost till end of contract an unfair under fca conc

yes, this is very important. How much of a threatening you for? If it is for the value of the entire contract then it is completely unfair and unenforceable. They can't possibly threaten to sue you for losses which haven't even yet occurred.

Please let us know more about the values involved here

The amount is 1024£ and the contract was set on a 52£/months where 52£/month would be the 19 months left of the contract left to be paid since I've kept up to date with the payments for 5 months

Yes, they are trying to charge you for the full two years contract term – in advance and presumably they have also now terminated all your services. A nice earner.

They're nuts of course.

Far from being concerned about the legal action, I think you should welcome it. Presumably they've smashed up your credit file anyway. If they try to bring a legal action for this then you would defend and they would only recover a small part.

The previous letter was saying that they would be ready to settle at 760£

I find it way to early to take legal action on this matter, at least until the contract ends.

14 months.

anyways

the amount stated on the last letter is 1024£ which is the amount for the full contract

is there anything preferably to be done by me at this point?

Maybe someone will come along with a better suggestion but I think that my advice is simply to sit tight and don't respond to anything – and hopefully they will sue you. At that point, depending on what they say, you can agree that the contract is terminated and then dispute the sum claimed as an unenforceable penalty.

I'm not into people avoiding their debts or avoiding their contracts, but on the other hand I'm certainly no supporter of companies which try to impose excessive penalties for a contractual breach.

I was only thinking I have got a bit more time until any legal action can be taken on the matter. By the time the contract ends I will be able to repay.

Thank you very much for throwing some light on this case.

is there any formal letter I can send them in order to get the full information? as it was mentioned above, a Prove It letter?

I was only thinking I have got a bit more time until any legal action can be taken on the matter. By the time the contract ends I will be able to repay.

Thank you very much for throwing some light on this case.

is there any formal letter I can send them in order to get the full information? as it was mentioned above, a Prove It letter?

I think what others are saying is to do nothing at the moment. Lowells have sent you a demand without providing enough information. If they issue a court claim, then that is the time to ask for information as part of the court claim process. Then you will be able to get the amount you actually owe calculated, without any unfair amounts being included.

Now it depends on whether you want to let it go that far. You could respond to Lowells saying that that you require more information. e.g copy of signed contract, copy of statements, copy of default notice, copy of notice of assignment. It just needs to be a simple letter just asking for information. Once you have the information you can negotiate a reduced settlement with Lowell based on an amount which you believe is a fair amount.

... But don't imagine that negotiating a reduced settlement will help to clean up your credit file. It won't

Dont send anything!!!!

" My vodafone contract ends in Oct 2018 in theory. "

Its ended already ...when they sold it off to Lowell.

Come back if and when you receive the following.

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

Andy

Thank you for your information and advice.

Is there any guide here that can explain to me how are debts being paid out?

It's the first time I'm encountering something like that.

Are they being paid in full or in instalments?

I need to understand what should I expect in case when encountering the pay out of the debt.

not sure what you are asking here

but possibly this will help

just remember our golden rules.

a DCA is NOT A BAILIFF

they have ZERO legal powers

NEVER EVER talk on the phone to them or ANYONE concerning your debts.

Thank you for your information and advice.

Is there any guide here that can explain to me how are debts being paid out?

It's the first time I'm encountering something like that.

Are they being paid in full or in instalments?

I need to understand what should I expect in case when encountering the pay out of the debt.

Should it proceed to court and you fail to defend it successfully...you have 28 days to pay in full(No CCJ)....if you cant pay in full you can make application to vary it to monthly payment..but you will get a CCJ on your credit files for 6 years.

Andy