First off I want to apologize in advance if my question seems stupid but I think it is worth asking, at the very least, it may help someone in the same boat at a later date.

I will try keep this as brief as possible.

I received a CCJ for an old 02 debt for £160 claimed by Lowell under the law of property act 1925.

I had no knowledge of this debt and completely panicked when the County court bailiff turned up.

Through a bit of research I made an attempt to contact 02 the original creditor

and on first attempt, they claimed to have nothing on file and therefore couldn't tell me anything in regards to it.

I felt uneasy and called back for confirmation and

on the second attempt the lady was extremely helpful and pulled more information

such as the bank account used which was a now closed account and even managed to tell me the type of handset it was and that's when it clicked.

It was my debt and the reason I had stopped paying it was because the phone had malfunctioned and become unusable.

I sent the phone back to the provider to be looked at and received a letter telling me that the phone had been submerged in water OMG,

I was totally mortified as I knew it had not but couldn't prove it as their report said different and for obvious reasons I stopped paying.

Apart from that I don't remember much as it was years ago about 4-5 years ago but definitely not stat barred.

Now here comes the possibly awkward bit,

the debt now stands at £500 with court fees and the inclusion of interest granted to claimant by the courts and

in sheer panic I have submitted a variation order which they will receive any day now

all because I wanted to stop any further action from bailiffs.

The thing is,

because the phone was unusable and I had every reason to discontinue paying them,

it is now costing me £500 at a time when my financial situation is at rock bottom

due to my partners contract hours being cut and having a baby at home

I can't just fix my current situation by doing any job I can find.

Can I withdraw my variation order and swap it for a set aside as I had no knowledge of my rights

and may have had a possible defence?

I will also add that as far as I'm aware,

I have never received a notice of assignment

and was not even aware that this had gone to court in the first place

and I also do not have a breakdown of cost for the original debt

so don't even know if the original debt is correct.

Again, sorry if my question seems silly but I needed to ask for what it's worth.

Thank you

Hi Peace

I am responding following your report of the above post.

You were in the wrong forum which is probably why you had been missed.

I have moved you to the Legal forum where guys may well be able to help you.

ok lets get a few things in order.

you never got the claimform?

you never got the CCJ?

what is this about bailiffs please?

dx

ok lets get a few things in order.

 

you never got the claimform?

you never got the CCJ?

 

what is this about bailiffs please?

 

dx

I never received any notice of anything

only 2 letters from Bryan Carter threatening me with a pursuit of a warrant of execution unless I paid the amount in full.

Then after a couple of weeks I received a photocopy of a warrant of excution from northampton bulk centre issued through my local county court.

I submitted the variation form and didn't contest I the first instance for 2 reasons...

. first baliffs coming out made me really depressed and fearful.

Second, although I don't believe BC played fair in getting a default ccj without me ever having an opportunity to defend,

I was adviced by a debt advisor to submit a variation order and didn't know my rights.

Excuse typos, wrote this on phone

Hi Peace

 

I am responding following your report of the above post.

 

You were in the wrong forum which is probably why you had been missed.

 

I have moved you to the Legal forum where guys may well be able to help you.

Thank you ims

I will add also that I only know as much as I do because I contacted northampton bulk centre and they sent me the information.

How old is the judgment?

Regards

Andy

How old is the judgment?

 

Regards

 

Andy

Its around 6 mths and I found out about 2 months ago. They didn't act on the judgement straight away.

Have you changed address...was the claimant aware of any new address?

Set a side should be made promptly after judgment but as you was never aware I would make application using the N244 (see legal library)

There is a fee and you will need to submit a supporting defence....if you have not got a defence there really is not much point making application as it will be rejected.

Regards

Andy

Have you changed address...was the claimant aware of any new address?

 

Set a side should be made promptly after judgment but as you was never aware I would make application using the N244 (see legal library)

There is a fee and you will need to submit a supporting defence....if you have not got a defence there really is not much point making application as it will be rejected.

 

Regards

 

Andy

Hi Andy,

I've received the application back as I haven't filled the form properly.

I did send a sar? request to BC originally and was told to pursue it directly through Lowell,

wasn't sure if this was because I didn't realise I was to provide a £1 fee but they didn't mention that.

Also Lowell through BC are also chasing and threatening me with another ccj

for a stat barred debt more info in my other thread.

I had moved address 1 year prior to the ccj but on contacting northampton cc,

they told me that the ccj had gone to my current address.

The thing is my partners hours have been drastically cut and we're now suffering real financial hardship

and my reason for submitting a variation order was on the advice of step change

which I'm not sure was the best advice as

I have now realised that so many questions are left unanswered on my side.

Such as the original debt amount and never receiving a notice of assignment.

If I request a sar from O2 and barclaycard now to support my case of their unprofessional behaviour,

would I be laughed out of court or may I have a chance?

Thats good as long as the correct address was known.....because you never received the claim initially you have been denied the opportunity to defend or even mediate......soresubmit the N244 correctly and get a set a side then then you can progress any dispute.

Bailiffs been back out again for the 5th time time now.

I refused entry after he came right into my personal space at the door trying to intimidate me.

I'm so angry at this point.

I need some urgent advice now.

I intend to apply to have this set aside but with the lapse in time and the initial payment variation request,

I don't think that I will be successful without a good defence plea and time is running out.

Should I now request the information from O2 for £10?

And do I send £1 with request for copies of documents to lowell

which Bryan Carter refused and told me to request to Lowell?

If so what exactly am I chasing up?

I've been reading loads (literally hours and hours) and

now I'm confused as to what requests I am making seeing

as it was for a mobile phone contract and I know that different rules apply for these.

Do I need to submit a sar and CPR?

I would really appreciate any advice on this one

as I believe O2 broke their contract agreement refusing to fix the phone

when it was a manufacturing fault and not my fault as they tried to make out.

I also have never seen proof of amounts owing or default notices or anything.

you don't need a defence for the seta side as andy has stated

as post 11

then you worry about a defence and you'll have a good few weeks too.

CPR to lowells yes

and the SAR to orange

theres a thread here already about a win on a faulty phone

carter dropped the case or lost already.

dx

I refer you to post 11

dx

Peace, your post has been removed - we dont permit copy and past from other sites and there was nothing in that post anyway that hasnt already been posted on this forum.

Peace, your post has been removed - we dont permit copy and past from other sites and there was nothing in that post anyway that hasnt already been posted on this forum.

Sorry, I didn't know that wasn't allowed. Are links not allowed either? I haven't found that information on this site so I will have a look and see if I can find it.

I refer you to post 11

 

dx

Ok, thanks for clearing that up. Just don't want to risk a set aside being turned down.