Lowell Solicitors

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Hi
My husband had an account with Vodafone which was supposed to have a cap on a second contract. Everything was fine until he cancelled the renewal as he no longer needed the second contract. Vodafone let the bill on the second contract run up to over £150. He disputed this with Vodafone and they said they would look into it. He paid the bill except the disputed amount and wanted to keep his original contract. Vodafone cut off his original contract stating that the bill hadn't been paid (which it had) so breach of contract with Vodafone. He heard nothing else until he got a letter from the bailiffs stating that they were coming to remove goods as a CCJ had been issued against him. He had no knowledge of Lowell Portfolio chasing this supposed debt or that they had passed it to their solicitor which is part of the same company or that they had taken it to court.
My mum paid the bailiff bill to keep me safe as I am at home alone every day. He wrote to Lowell Solicitors and explained the situation but they still want payment in full. We don't believe we owe this money as Vodafone breached their contract in the first place and the debt is for the rest of a contract that had been terminated by Vodafone even though that account was up to date and it was the second contract that had the outstanding balance. They are not chasing the money for the balance owed but for the contract that Vodafone disconnected.
Can we send them a CCA letter? Also does anyone have any advice what to do next.
Thanks

Comments

  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
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    Hi Taz0707


    In this scenario you can't make a CCA request because a mobile phone debt is not regulated by the Consumer Credit Act (CCA). I'm a little unclear from your post whether there is still an outstanding balance on the CCJ as you say your mum paid the bailiff. Did she pay the full balance of the debt or just an instalment to keep the bailiffs happy?


    If the balance was paid in full it will be extremely difficult to challenge the debt as the payment will almost certainly be seen as accepting liability for the debt.


    Susie
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • mark28o
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    i hope im posting in the right place. lowell contacted me over a £500 debt in 2013. i sent them a prove it letter and they sent me a statement from bt which shows final bill and lowell said i made a payment to bt in 2013 which is lies. i have never ackwnoledged the debt.
  • fatbelly
    fatbelly Posts: 20,590 Forumite
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    mark28o wrote: »
    i hope im posting in the right place. lowell contacted me over a £500 debt in 2013. i sent them a prove it letter and they sent me a statement from bt which shows final bill and lowell said i made a payment to bt in 2013 which is lies. i have never ackwnoledged the debt.

    Not really Mark - you should have started a new thread.

    What is the date on the final bill?
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