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Lowell/BW, got CCJ - vodafone 'debt ' never got papers - help!


griffiths5
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I have a work collegue who has recieved a county court judgment from Lowell Portfolio

and the solicitors acting for them are BW legal.

 

It relating to an old mobile phone account which is a least 3 years ago.

 

They had received many letter from Lowell but did nothing about it,

the dispute the claim and the amount.

 

Unfortunately they had not recieved any court papers until a letter arrived from BW with the judgment.

the orginal claim was issued 28th Jan 2014.

I am not sure what they can do now.

I think its late for it to be set aside or can they ask for a time out ?

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I would say that if he has not received the original court papers and was not able to enter a defence, then he should be able to get the judgement set aside. I will ask someone how you need to go about doing this.

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Yes he can still get a setaside - however he would have to show the judge that he has a good chance of success at trial.

What is his defence?

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He was in dispute with the mobile phone company vodafone. he only owed them £21,

 

Hamptons in Dec 2013 were asking for £178 and were contacted and informed that the debt was in dispute.

 

Another letter Russel Aitken asking for 173 in February 2013,

Advantis £173 on 17th April 2012 from them,

 

The court judgment was for £207 plus costs.

 

He never recieved the orginal court documents.

 

The is no assignment letter or credit agreement.

 

As far as he is concerned the amount is in dispute

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Hi griffiths5,

 

Thanks for making me aware of your colleague's concerns.

 

If he'd like me to take a closer look at this, ask him to email me with his details via the Contact us form here and quote the code WRT135 - CAG Forum in the subject line.

 

Once sent, he'll receive an automated reply with a reference number. Post back with this and I’ll check I've received it.

 

Kind regards,

 

Lee

 

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Vodafone UK

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Any update on this?

 

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Hi

Do not wait for Vodafone to come back to you. This should not be handled by them as it was not VF that took court action. The set aside should be done as a matter of importance.

 

Once that is done, Lee could deal with it.

 

When a debt is placed for collection with an outside agency (VF don't do collections) they add an admin charge which is not a true reflection of the actual costs. Why a £21 'debt' turned into £178 is to be challenged.

 

For this small amount, VF should have just written it off as it would have been too much trouble for them to bother with but in VF's world, nothing is that simple. The computer says "NO" with very little human input.

 

In my opinion your grounds are:

 

Did not receive any papers

No opportunity to defend

Unlawful charges added.

 

The bigger question is, "Why, if they have been writing to you at your address, did you not receive any court paperwork?"

 

It has been known in the past that some DCA's have obtained a CCJ by sending court papers to a previous address. I'm not saying this DCA did that.

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Hi griffiths5,

 

I tried to call your friend earlier this week.

 

As I wasn't able to reach them, I replied to their email asking when they'd be free again.

 

Although I'm yet to receive a reply, I'll try again today.

 

In regard to the CCJ, I'd recommend that your friend follows the advice already posted, so that this can be handled correctly.

 

Kind regards,

 

Lee

 

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Vodafone UK

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  • 2 weeks later...

They have filled out a set aside and sent to court but they want £155 and have returned the form, The court have advised to fill out an EX160, They are on a low income but not sure if they would be entitled to a reduced fee. They have asked for the £155 to be able to proceed with the set aside. Any advice would be appreciated

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Complete the EX160 and submit it with the N244 application.

 

https://www.whatdotheyknow.com/request/72103/response/176615/attach/2/ex160a.pdf

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If possible at all I would include the payment...they will either cash it or return it if the EX is successful..rather than delay the application.

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