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

[Mopbucket]

Hi  

 

Received notification of CCJ in 2019 from lowells regarding an old phone my wife upgraded.

Last bill shows nil balance.

 

Challenged with CEDR

they gave below response seeming to agree with me but could not intervene due to CCJ.

Now received warrant.

 

Can anyone assist. 

vodafone have not investigated even though i gave them last bill showing nil balance in 2019.

 

The adjudicator has reviewed and upheld the company’s objection to this application for adjudication.

The adjudicator has provided the following comments:

"I have reviewed the company’s objection, which is made under Rule 2.2.3.

Rule 2.2.3 details that a case cannot be dealt with by the Scheme where “the customer has not complained to the company at all, or where it has been less than eight weeks since the customer first complained… and the company has not provided the customer with its final position to the dispute”.

 

The company submits that the emails that the customer appears to have sent to Vodafone have not been received in relation to this account.

The company also state that they have only received a query concerning the matter with the debt collection company and that it has not received a formal complaint yet.

 

have reviewed the customer’s application, which states they first complained on 23 May 2019.

I note that in their email to the company on 23 May 2019 and that the company issued a response in which it stated that they had received the email and that an agent would be in touch in two working days.

 

I find it more likely than not that the company had received the complaint email sent by the customer in May 2019 and that the complaint related to this account.

 

As a result, I do not find Rule 2.2.3 applicable and so reject the objection made on this basis.

However, in reviewing the customer’s complaint, I note that it concerns a CCJ in relation to a debt, which the customer disputes.

 

Unfortunately, I find this causes the claim to be ineligible in its entirety under Rule 2.2.10.

Rule 2.2.10 detail that the Scheme cannot deal with “a dispute that has been or is the subject of court proceedings … (unless such proceedings or alternative procedure have been abandoned, stayed or suspended)”.

 

This is because a CISAS adjudicator does not have the jurisdiction to overturn a CCJ. Consequently, I find that the case must be withdrawn on this basis. Sekinat Ajenifuja, In-House Adjudicator."

[BankFodder]

Please could you outlined the story in a chronological bullet pointed fashion. Not too much narrative please. Just the basic outline for the moment.

Thanks

[Mopbucket]

Hi

 

Wife upgraded phone and changed phone number Nov 2016 and stayed with Vodafone on a new number and phone, so old account should have been shut down.

 

May 2019 receive notification of CCJ through Lowells, started to pay. Then Vodafone said whilst investigated by CEDR in Dec 19, no need to continue to pay.

 

Dispute with Vodafone and get copy invoices last invoice 2016 no balance on old number

 

Ring many times and lodged complaint through Resolve to Vodafone no response

 

Contacted CEDR ombudsman who seemed to agree my case but could not intervene due to CCJ

 

Told complaint with Vodafone Directors still no response after numerous calls.

 

Once CEDR dropped case Vodafone sent letter Jan2020 to say pay up.

Now received warrant. I have suspended as I said would pay through payment plan.

 

I am sure this has happened to many others as I remember Martin Lewis mentioned about an Vodafone IT error in 2016 on Vodafones systems whereby some people were given CCJs in error.

 

Any assistance, guidance would be gratefully received

[fkofilee]

Arh the Ye Olde Folk Law Of Crystal To Siebel Migration... 

Did you DSAR Voda? I would suggest doing it now., 

If the debt is found to be incorrectly calculated then you could potentially get a set aside at Lowell's cost if they agree with it. (Hmmmmm...)

 

Let us know what actions you have taken to get info from Voda.

[BankFodder]

Yes. Start off by sending them an SAR. It will probably take up to 30 days but come back here when you get the information.

In the meantime, go through all the paperwork that you have on this and make sure that it is fully organised.

When you get the data disclosure then we can understand more and decide what to do.

[Mopbucket]

SAR Sent, will post response. Much appreciated 

 

"Crystal To Siebel Migration"

 

Thanks for the heads, I have asked for the migration notes and calcs if available too.

[BankFodder]

Also, have you got a copy of the claim form that was used to issue the proceedings against you?

[Mopbucket]

I have a copy of the Lowell Solicitors letter with Lowell Reference number and claim number from 2019

[BankFodder]

In that case, get a copy of the claim form – and any other related documents.

You can try calling Lowell on Monday and say to them that you don't have a copy of the claim form. Also – and in parallel, telephone the court service and give them the claim number and ask them to email you a copy of the claim form.

[Mopbucket]

Will do. Many Thanks

[dx100uk]

ring northants bulk

and for a copy of the judgement CCJ and the claimform

9/10 they wont have a copy of the claimform so get them to read out the address the claimform was sent too AND the particulars of claim.

RECORD YOUR CALL.

 

then comeback with those details here 

TBH: there is little point in contacting lowells nor SAR.

 

SAR vodafone.

[Mopbucket]

Hi 
 

Northants bulk say they do hold copy of claim packet and neither would Lowell. Pretty flippant saying it is not their fault if royal mail dont deliver and it was over 2 years ago even thoughmost companies hold records.

[dx100uk]

urm..never heard of them say they can't send you a copy of the judgement CCJ nor read out the info from the electronic copy they hold of the claimform, it's all held in their public register section else they'd be no CCJ showing on your credit file.

you did quote the CCJ number?
 

[AndyOrch]

Data is retained on MCOL for 3 years after the last action on a submitted claim, it will then be deleted.

[Mopbucket]

Said could resend judgement for £10.

 

is there qnything i can do? Ring again might get someone better?

[AndyOrch]

I would......its fundamental in unravelling your problem.......although a copy of the judgment is important.....the particulars of claim are more so... which some helpful MCOL staff will oblige. 

 

 

 

.

[dx100uk]

record your call.

 

dx

 

[Mopbucket]

Hi

Spoke to Northants Got created case date 9/4/19, date of service 14/4/19 re Vodafone Agreement, logged by Lowell’s.

 

i have previously got the vodafone superuser acct ref but never explanation and womans name who was supposed to be reviewing.

 

I have invoices upto nov16 showing no balance brought forward just before upgraded.

The debt they said was over £2.5k.

 

When wife spoke to someone in Vodafone they that write off debt sold to Lowells.

We also spoke to a credit agency who said the account was impeccable from 2001 to late 2016 when phone upgraded. £2.5k must be 10 years rental!!?!

 

Also in past was informed by nice person in Vodafone it states on the file do not speak to the customer 

[BankFodder]

Send Vodafone an SAR. Do it today

[AndyOrch]

Its really irrelevant what VF say and do......as the debt is no longer theirs nor is the CCJ ...its what Lowell have put on the claim form N1 that you need..... to get this moving.

[Mopbucket]

Andyorch

 

After cedr said it was not their remit Vodafone told me i had to pay not Lowell 

[dx100uk]

what about the particulars of claim.........

[Mopbucket]

Rang and they read off screen lowells for £2.6k relating VF agreement 14/5/19. Same as letterAsked for dates debt related too, he said did not show

[dx100uk]

what were the particulars of claim..thats all you needed

never know anyone not to get those...

[AndyOrch]

30 minutes ago, Mopbucket said:

Andyorch

 

After cedr said it was not their remit Vodafone told me i had to pay not Lowell 

 

That's what I have tried to tell you in my previous posts......forget VF forget cedr......Lowell issued the court claim...they are the legal owner of the debt...but until you get the particulars of claim verbatim......we cant advise on how to set a side.