ZEN ISP- Duplicate CCJ's - hacked VOIP call charges - help today needed

[santa25896]

Hi, Bit of an odd one.

 

 

Firstly I know I have not conducted myself as best I could have done throughout this case

so I am going to be as matter of fact as possible

 

 

Back in 2011 I had internet service from an ISP and also their home voice service via broadband.

The long and short of it is my system was hacked and vast amounts of telephone calls were made to a Premium number located in Poland

Which resulted in a bill of £2721.34 + VAT @ 20% Totalling £3265.60

 

 

As a goodwill gesture they offered to only charge the cost amount for the calls shown above.

I continued to dispute this as I did not make the calls (and they confirm they understand this)

When the attack took place I was away but they had the home telephone number which they never called.

 

 

One question is where does personal responsibility end and corporate negligence begin?

 

 

they raised via MCOL a claim form to which I failed to respond within the timescale and ended up with a CCJ.

Which I was paying via DD for some time

 

 

Recently I found myself out of work,

I sent the company an email to say that I would need to cancel the DD

and send the forms off to the court to lower the payments which I did.

I then heard nothing for three months either from the court of the company.

 

 

Now I have received another entirely different Claim Form for the same thing to my old address.

Does one nullify the other?

how should I respond?

Do I have any hope of defending it?

Thanks

[ThedaBara]

Not sure how it works but I also have 2 CCJs for the same debt… Not sure if the 2nd one issued a month later replaces the first, but I would be very interested to hear how you get on.

[dx100uk]

name names please.

 

 

and no you cant have 2 CCJ's for the same debt.

unless its the old split claim trick that some DCA's pull.

 

 

one for costs one for the debt.

 

 

wee bit more info please

and is this the ISP issuing Claims or a debt buyer?

 

 

dx

[ThedaBara]

name names please.

 

 

and no you cant have 2 CCJ's for the same debt.

unless its the old split claim trick that some DCA's pull.

 

 

one for costs one for the debt.

 

 

wee bit more info please

and is this the ISP issuing Claims or a debt buyer?

 

 

dx

 

 

A CCJ resulted in a charging order (Standard Form K restriction), then a month later the creditor made an application for a modified CO… so now there are two CCJs for the same debt, (legal costs)...

[santa25896]

name names please.

 

 

and no you cant have 2 CCJ's for the same debt.

unless its the old split claim trick that some DCA's pull.

 

 

one for costs one for the debt.

 

 

wee bit more info please

and is this the ISP issuing Claims or a debt buyer?

 

 

dx

 

 

ISP is Zen Internet, both claim forms issued directly by them for the same debt. second form is just the original amount less what iv'e paid already.

 

thanks for your help

 

Adam

[dx100uk]

was the first claimform for the full amount specified?

 

 

and all you've down is stopped payment?

 

 

and what happened to your form to vary the amount

did the court accept it and write back?

 

 

are both these CCj's done and dusted or is the 2nd one still in the claimform stage

 

 

you REALLY need to contest it as fraud.

 

 

did you contact the police or actionfraud.

 

 

did you get everything off the ISP by way of a CPR 31:14 or an SAR to show the judge?

has the ISP in WRITING agreed it was fraud at any point?

 

 

dx

[santa25896]

Hi Dx

 

 

the first CCJ is in force,

the second is at claimform stage (although I need to respond online today)

 

 

my parents passed me the claim form as it went to their address but it took them over a week!

 

 

is it possible to contest it as I already have a judgment?

yes I informed the ISP by email that I had lost my job and I would send the forms to the court, I didn't hear back from either.

I should of chased it really

 

 

I did contact the police but they were not of much help as they said they cannot trace where the calls were made from

and they were most likely from a international destination

 

 

No CPR 31:14 or SAR they did but into an email account that they operated which I lost access to (conveniently)

the following is an extract of relevant information from their terms 6.8

It is the customers' sole responsibility to ensure that measures are taken to restrict phone users and numbers dialled where necessary,

as all call charges arising from the use of the Voice Service are at the customers' expense.

 

 

Zen Internet are not liable for call charges arising from inappropriate and/or excessive use of the Voice service.

3.4 During your monthly billing cycle if your call charges exceed £50 including VAT we will contact you to notify you of the amount outstanding.

If the total continues to increase and exceeds £75.00 including VAT

then we will contact you to inform you that a payment of £50.00 by Direct Debit is required

to enable your service to continue.

 

 

We will continue to contact you at £50 and £75 incremental increases to take further payments by Direct Debit during your billing cycle.

The only exception to this is if you have a credit account with Zen.

This policy is to protect Zen and the Customer from fraud and fraudulent use of the voice service.

 

 

I am frustrated that there was nothing their end to stop circa 100 concurrent calls being made to Poland,

it clearly was not me

 

 

Thanks DX

Edited September 22, 2015 by santa25896
formatting

[dx100uk]

pers I trhink you need to contest the debt as fraud

 

 

give actionfraud a ring

see what they say

then get the crime/ref number from them.

 

 

and use that in you defence

 

 

stating the balance claimed is fraud.

 

 

not my best game legal but I'm sure you def need to contest this

 

 

I will alert your threat for the knowledgeable ones.

 

 

dx

[shamrocker]

Over what period of time were the calls made? Do you have a statement/bill showing this?

 

"We will continue to contact you at £50 and £75 incremental increases to take further payments by Direct Debit during your billing cycle.

The only exception to this is if you have a credit account with Zen.

This policy is to protect Zen and the Customer from fraud and fraudulent use of the voice service."

 

Sounds like they had a self-imposed duty of care to protect you from fraud. Do these services fall under any regulator?

[dx100uk]

Def defend all

 

Can you please fill out a copy of these questions for each claim form

 

And post the q&a's back here for each claim form

 

Dx

[dx100uk]

opps

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(2-Viewing)-nbsp

[obiter dictum]

http://www.theguardian.com/money/2014/may/24/bt-hacked-ghost-calls-bills-blame

 

As a reference source to show how easy it is to be hacked

[dx100uk]

Yes a useful example but....

...that was on a BT phone line

This debt is due to hacking of a VoIP broadband Internet phone

 

Dx

[caro]

Hi Dx

 

 

the first CCJ is in force,

the second is at claimform stage (although I need to respond online today)

 

 

my parents passed me the claim form as it went to their address but it took them over a week!

 

 

is it possible to contest it as I already have a judgement

 

Contest it on the grounds that they already have a judgement for the debt and cannot have another for the same thing. The fraud issue is irrelevant to this.

 

Why didn't you defend the original CCJ and raise the fraud issue then?

[ThedaBara]

Contest it on the grounds that they already have a judgement for the debt and cannot have another for the same thing. The fraud issue is irrelevant to this.

 

Why didn't you defend the original CCJ and raise the fraud issue then?

 

I have two CCJs for the same debt...

[dx100uk]

I have two CCJs for the same debt...

 

 

yes but you really need to keep to your own thread

 

 

dx

[ThedaBara]

yes but you really need to keep to your own thread

dx

 

I apologise for butting in… the OP was asking if it's possible to have two CCJs for the same debt… I was told by the Judge that the creditor can modify the original CCJ at any time but the new CCJ does not replace the original… so you have two CCJs in place, with different conditions attached.

 

I am following this thread out of interest.

[AndyOrch]

You can only have one judgment per debt....any modifications are irrelevant

 

Andy