Lowell claimform - old Mobile Debt - Missed Defence date now judgement- Can I Do Anything

[lushni]

Hi Guys,

 

Looking for some advice - Lowell claimed against me for old mobile debt - I stupidly thought that I had 33 days after Acknowledgment, as you know this is not right - after recovering from Covid I thought I start my defence today only to read that I might be too late I've just checked on line to find the below - is there anything I can do?

 

Kind regards

 

Lushni

 

Your acknowledgment of service was submitted on 04/01/2021 at 10:48:10

Your acknowledgment of service was received on 04/01/2021 at 12:05:37

A judgment was issued against you on 22/01/2021 at 19:16:12

[dx100uk]

and you can't click on the enter a defence option.

sometimes we've found you can.

 

you should have come here sooner an we would have made sure you did it right...

 

[Andyorch]

What date of issue on the claim form ?

 

Andy

[lushni]

Hi Guys 

 

thanks for getting back so quick - It don't look like I have any options to add a defence now - Claim form issued 17th December.

 

Kind regards

 

Hugh

[Andyorch]

How much is the claim for ?

[lushni]

Amount Claimed

£362.05

Court Fee

£35.00

Solicitor Costs

£50.00

 

 

Total Amount

£447.05

Issue Date

17/12/2020

[dx100uk]

claimform issued 17th dec

AOS was thus due 4th filed 5th jan (1 extra day due to xmas holiday) 

defence due 19th dec  (1 extra day due to xmas holiday) 

judgement issued 22nd

they got in quick there...

 

 

[lushni]

Looks like I've been beat on a technicality or is there anything I can do? 

[Andyorch]

8 hours ago, dx100uk said:

claimform issued 17th dec

AOS was thus due 4th filed 5th jan (1 extra day due to xmas holiday) 

defence due 19th dec  (1 extra day due to xmas holiday) 

judgement issued 22nd

they got in quick there...

 

 

 

A judgment was issued against you on 22/01/2021 at 19:16:12

 

22nd January

[lushni]

Can i appeal this judgment or do I have to pay up - so many added charges on this account - it don't seem fair.

 

[dx100uk]

tell us about the debt

i will guess as with all these mobile debt claims here, i was remaining months until end of contract on a service you didn't or couldn't use.

typically once our defence here is filled lowells run away at some point just before the hearing.

i'm not sure we've tried to set one of these aside to date 

[lushni]

Hi DX thanks for getting back

- the original bill came in at around £130

- it was my sons phone but in my name

- it was a £13 a month contract

- he went to the USA for around six weeks,

- he crossed the border at the falls into Canada for two days -

 

When he got back he found out that the calls in Canada were not part of 3's roaming

- he got the bill and asked 3 why he got charged so much

-  put in a complaint

 

- however a few weeks later they said full amount had to be paid

- he couldn't pay

- they cut off his phone still had over a year to run his contract down

- so added almost £200 charges that he could use

 

– To be honest he should have just paid up when he got the bill but his job fell through when he got back and he didn’t tell me at the time

– we both have the same name, so I just passed on all 3’s post to him without opening it.

 

Again many thanks, Lushni

[dx100uk]

so £130 of what could be deemed as unfair roaming charges

the rest is 

4 minutes ago, lushni said:

- so added almost £200 charges that he could use

the above doesn't make sense.

i will gather these might be the monthly fee until end of contract?

but as usual, they cut him off so they weren't proving a service a usable service anyway.

 

had you researched here already and seen our mobile defence and were going to us that?

might be wise to send 3 an SAR.

 

 

 

[lushni]

Yes DX your right they cut him off and charged for the rest of the contract even though he couldn't use it.

 

Yes I was going to submit a defence (one from this site) TBH I thought I had 33 days from the 4th of Jan and not the 17th of Dec - I really could kick myself. I'd have done it earlier as well but I've be poorly recently with this dam Covid (at least I've had it now). 

[lushni]

HI Guys, sorry to ask again but is there anyway I can appeal against this or is all lost?

 

Many thanks

 

Hugh

[Andyorch]

By appeal you mean set a side...the application fee would be £255 with a hearing (unless your exempt from fees )so you need to ask yourself ....would it be worthwhile..or better use the fee to pay off the judgment before its registered ? 

 

The court wont accept your mistake and show any leniency.

 

Lesson learned for the future...19 days to AOS and a further 14 days to submit a defence = 33 days in total. 

 

Sorry 

 

Andy

[lushni]

Cheers Andyorch - your spot on lesson learned - Just one think does it all need paying straight away for it not to be registerd or can I set up a payment agrement and still stop it being registered - again many thanks Lushni

 

[dx100uk]

paid in full sadly

[lushni]

Cheers Team many thanks - keep up the good work - Lushni