backdoor Lowell CCJ now warrant - Old Vodafone debt - although last invoice Nil

[dx100uk]

looks like they've billed her for the remaining £PCM term in months of a contract that was still running and had time to go when you she upgraded to the new phone?

 

do we have the details of the old contract here? 

when taken out, how many months was it for?

 

 

 

[Mopbucket]

I would not think so. Phone was not working 

 

We have no bills past Nov 16 and SAR finishes then too

[dx100uk]

not after bills after any date..

 

want the details of the contract that was running when she went to upgrade please

 

 

so now we findout the phone was not working...how, phone broken? she broke it> dropped damaged? 

so there must have been a running contract 

when was it taken out and for how long

and how soon after getting that phone did it fail?

if you break a phone and replace it, thus have a new contract, it doesnt wipeout the old contract....

[fkofilee]

Im here - Let me take a look at everything youve got. 

[fkofilee]

Am I missing something here?

You took a new contract in Jan 16 from the DSAR...

It should continue on the original number?

[fkofilee]

Also what reason do Vodafone give for the sudden increase in the bill In Jan 16?

Why no ETFs in that note there?

 

I don't think you are getting the whole picture.

[Mopbucket]

What do i need to do?

[fkofilee]

Did Voda charge for the new phone that was issued? Did they add it to a bill? Whats the deal here? 

Why also was the account in arrears leading up to that point. A lot of stuff in the DSAR shows arrears before that point there. 

Is the debt from Voda a mixture of old charges on this account and also the new one hence why £2300 etc?

[fkofilee]

Its time to make Lowell sweat - Even if they have a CCJ with Warrant. 

You are still missing a lot of info that we are not privy too.  Stuff doesnt add up. 

I want a full bulletpoint of what you know to date based upon the DSAR, CCJ and everything else.

[Mopbucket]

Will do

[Mopbucket]

Hi

 

Sorry for delay. Apparently broken phone had 8 months left and Vodafone agreed to wave remainder of contract if wife started a new contract (new number and new account number) in Nov 2016.

 

Any assistance would be appreciated.

[dx100uk]

But have you proof in writing of the above?...

[Mopbucket]

Unfortunately not

[dx100uk]

going round in circle getting no where then.

 

On 03/03/2021 at 22:10, dx100uk said:

not after bills after any date..

 

want the details of the contract that was running when she went to upgrade please

 

so now we findout the phone was not working...how, phone broken? she broke it> dropped damaged? 

so there must have been a running contract 

when was it taken out and for how long

and how soon after getting that phone did it fail?

if you break a phone and replace it, thus have a new contract, it doesnt wipeout the old contract....

 

[dx100uk]

On 10/02/2021 at 10:21, Mopbucket said:

1) the defendant entered into an agreement with vodafone under account reference        .......** ('the agreement').    
         
2) the defendant failed to maintain the required payments and the service was terminated.     

                             

3) the agreement was later assigned to the claimant on 30/08/2018 and notice given to the defendant.                               

 

4) despite repeated requests for payment, the sum of £2,308.44 remains due and  outstanding.        

                         

and the claimant claims                      

a) the said sum of £2,308.44                 

b) interest pursuant to s69 county courts act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.506, but limited to one year, being £111.82           

c) costs   

 

8mts to run 2308/8=£288PCM...no way.

its a shame the sar does not tell us monthly account figures? or does it...

 

On 03/03/2021 at 15:16, Mopbucket said:

Hi 

 

Found some pdf old invoices which show that a debt all of a sudden was raised in January 2016 from £74.28 to £719.45 thereafter lots of one non recognisable charges. The Invoice style changed format, and billing number format (changed to a B7 prefix). I cannot see where the extra £640 came from and the plan changed. I note from the SAR the operator states there was an error in SAR states "error occurs open new profile".

 

Mobile Number	Date	Plan Charge	Overdue	Balance
079*******7	20 March 2014	83.83	100.36	£184.19
079*******7	22 July 2014	92.91		£94.00
079*******7	22 June 2015	109.03		£130.00
079*******7	21 July 2015	56.24		£66.65
079*******7	20 August 2015	81.38		£149.85
079*******7	21 September 2015	55.14		£65.33
079*******7	20 October 2015	52.42		£62.07
079*******7	19 November 2015	58.2		£69.00
079*******7	22 December 2015	62.6		£74.28
079*******7	18 January 2016	63.73	686.72	£719.45
079*******7	18 February 2016		719.45	£838.27
079*******7	18 May 2016	162.5	1185.97	£1,348.47
079*******7	18 August 2016	56.5	1353.63	£1,513.37
079*******7	18 October 2016		1499.15	£1,534.63
079*******7	18 November 2016		1534.63	£1,585.05

 

can you scan these up please

[Mopbucket]

Will fo

[fkofilee]

 

That smells, you need a full breakdown of the debt and justification for it from Voda and Lowell. Im sorry but Voda have run you ragged. 

[Mopbucket]

I was told it was with Vodafone’s Directors office in 2019 and they were told not to speak to me . The girl kept repeating  “i’m sorry and was nearly in tears and i was pleasant to her”. I work in  energy provider industry where they just make up bills and say pay without actual usage.

 

The original bills showed no balance brought forward but when complained to Cebr and resolver the old invoices were changed to show balance brought forward on non descript charges.

 

My understanding is invoice numbers cannot be reamended as it is embezzlement. They have to credit and rebill under new invoices.

 

I note the invoices were web based so they could be changed when relogging into. 

 

I had a screenshot of original invoice (shown in earlier post) which was later changed 2019 to show balance brought forward but not for 2.3k. Something smells fishy. 

[dx100uk]

You need to prove things in black and white not by unproven phone conversations.

 

we are 70 posts in and no further forward from post 1.

 

Dx

[Mopbucket]

We have invoices and numbers

[Mopbucket]

In the past i have got British Gas fined £5.4 million based on same situation for my clients based on false bills and allegations within my industry. They have to prove debt. 
 

Hopefully you can guide me who to write too. They have to prove debt. At some point i will send to OFCOM so does not happen to others and they hold on record.

 

I have  used Cabinet Office to correct matters in past (people dismissed based on investigation) although i did not have full details. They have to investigate internally when told.

[dx100uk]

you don't 'write' to anyone 

the only way the CCJ can be removed is by issuing a N244 set aside application (£255)

 

for this to be successful you have to meet 2 criteria..

1. prove the reason why the defendant (D), never got the original Claimform and thus lost their right to defend the claim, was not of D's (in)action, i'e might had moved since opening said contract and had failed to inform, in writing, the claimant (C) or the original creditor (before the debt sale) of their correct and current address before the court claim was issued and C had purposefully sent it elsewhere. or did not simply totally ignore the claimform having physically received it.

 

2. have a good defence against the original particulars of claim, that being you do not owe what the claimant states.

 

so....

re 1:have you moved over this period?

 

2: the issue here - it looks most probably that D did have an existing debt, increasing on a monthly basis, leading upto D requesting a new phone/contract because D 'broke' the existing phone on the existing contract which had 8mts left to run .

 

there is no doubt that the claimform figure has been vastly inflated by 'something,' be that down to a total contract paperwork error poss caused by the well known migration issue errors introduced when vodafone switched from Crystal To Siebel billing system 

 

if the existing contract had continued, then there would have been no separate  'debt' to sell on, so, there must have been a new contract entered into with the new phone, resulting in the old one being sold to lowells and them issuing a court claim.

 

why however D never received what would have been numerous letters...the Notice of assignment from vodafone to lowells, chase letters, letter of claim, etc etc is a mystery .....

 

 

 

 

 

[fkofilee]

Sill question here and I might get the biscuit tin thrown at me - But have Lowell given you a breakdown of how the charges were made up o a monthly basis? 

Sometimes they have a much better relationship with the OC and can get information from them better that a DSAR (Ive had this before on a previous case - Lowell pass on details that werent supposed to be seen by me ) 

 

As long as you are paying the debt to stop a Warrant then you are likely to be safe from further action - But like I said earlier - Time to make them sweat. 

 

I agree with @dx100uk - We arent that much further forward... 

 

[dx100uk]

i don't think we've actually seen the 'warrant' yet.

it scan up to PDf please

 

[fkofilee]

Yes plz do.