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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47862
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Please could you advise me on if I should pay the following

Resolved Question:

Please could you advise me on if I should pay the following debt to avoid a CCJ being registered against me, or if I have a chance to fight it. I used to have a Vodaphone Contract for a mobile phone when I was 27 years old. I'm now 36 years old and I have had a CCJ issued against me by Lowell Solicitors on 20th May 2016 for the amount of £681.87. So I have until 20th June before the CCJ will be registered. At the time of being 27, I remember being charged massive fees for using my mobile phone abroad, and so this is the reason I decided not to pay my bill in full, and I left VOdaphone for the same reason. Thank you in advance, Greg ***********
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 1 year ago.

Hi Greg. Did you contact the solicitor about this at all?

Customer: replied 1 year ago.
For Ben Jones, great thanks for your help. I have not contacted the solicitor about this yet
Customer: replied 1 year ago.
As Lowell Solicitors will be aware, I do not want a CCJ being issued when I want to purchase my first house. In your opinion, is it better that I pay the bill in full to avoid the CCJ being registered, or so I have a chance to have the CCJ removed because the 'debt' claimed by Vodaphone is from 9 years ago
Customer: replied 1 year ago.
For Ben Jones: It is true that there was an amount outstanding, and it is true that I did have a contract with VOdaphone, which I chose to leave early
Customer: replied 1 year ago.
For Ben Jones: so legally I was under contract with Vodaphone. The reason I chose to end the contract was due to unfair charges. Please could you advise?
Expert:  Ben Jones replied 1 year ago.

Sure no problem and thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Customer: replied 1 year ago.
I've just checked, I stopped using my Vodaphone Blackberry in late 2010 due to unfair charges after usage in Europe/USA. Can they still pursue monies in 2016?
Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. You say that there were unfair charges but were these actually charges which you think you can challenge because they were applied against the terms of your contract, or do you just disagree that they were quite high and think they were not good value for money? The two will be quite different – if the charges were clearly stated in your contract or terms of use and you then used the services which triggered those charges then arguing against them will be relatively difficult.

Instead your best argument would have been to try and argue that the debt is out of time to be pursued, however looking at the dates it may still be in time.

The Limitations Act 1980 states that a debt based on simple contract, like in this case, must be pursued within 6 years of the date the cause of action accrued. Generally, if no specific repayment date was agreed, it would be from the date a demand for repayment is made. If you stopped payments under the contract in late 2010, then that is the earliest when the cause of action would have started. In this case they would have had until late 2016 to make the claim, which they have done so they are likely to be in time still to pursue this. Therefore, it may indeed be best to consider repaying this debt, knowing that at least they have only asked for £50 a month rather than a lump sum payment.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Ben Jones and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
That is excellent advice, thank you. It's best for me to pay in full within one month to avoid the CCJ being registered, rather than £50 per month. Your advice has given me greater clarity, and I know that this is what needs to be done.
Expert:  Ben Jones replied 1 year ago.

You are welcome, all the best