Hey,

Got a bit of a strange one here

- I have today received a green letter from Lowell Solicitors saying that I have not paid the £50 instalment on a CCJ they have obtained on a VERY old Orange mobile phone account.

This is the first letter I have ever received about this

naturally, it made me check my credit file where low and behold

- a CCJ has been placed under my old address (not lived there in almost 7 years).

This letter says that I have got until the 11th December to make the £50 payment or they will recommend enforcement action.

My issues are as follows.

1) This is the first thing that I have heard about this (genuinely) and did have an old Orange account at my old address back in 2008 after falling on hard times. No payments have been made on that account since we moved in Feb 2011 and I have not knowledged anything.

2) The CCJ which was obtained in Oct 2017 is under my old address

so does that mean that any papers I would have needed to see for challenging etc have gone to that address?

3) Can a CCJ be obtained and enforced on a statute barred debt?

Hopefully, someone can help me out here and give me some advice.

Cheers

Scott

this is why you never move without informing you creditors

regardless to if a debt is not owed or is statute barred

debt buyers will go for a CCJ at the old address

as they know they'll get a default non contested judgement

whereby no human ever sees or checks anything

and its simply rubberstamped.

however.

if you have written proof it was statute barred at the time of issuance of the claimform.

the you can set aside the CCJ but the cost is £255

unless you chance you arm and ring the claimant and ask if they'll set aside by mutual consent FOC.

dx

Cheers - as for written proof, well we moved out of that address almost 7 years ago and no payments etc were made along with no acknowledgement.

I would write to EE and do a SAR to get the proof that it's over 6 years old if that helps?

My question would be how to handle Lowell who want to get their first £50 payment on some arbitrary instalment plan by tomorrow.

I have a copy of my credit file from Sept 2017 and it's there is nothing outstanding from EE / Orange showing on there? even searched the last 4 digits of the account number Lowell claim this related too.

Upon closer inspection,

there was an account which was opened in 2011 and Lowell placed a default on in 10/04/2013

- the default was for £279 and that was the last I heard of this.

I have only found this as I went through a stage of trying to get as much "bad data" removed off my credit file after a few poor years and kept quite a bit of data on my hard drive.

There is no way that any payment or acknowledgement has been made since 2011

- of that I am sure.

Seems odd that the default would be for £279 yet the CCJ is now for £1354.35.

DCA's cant register defaults only the original creditor can

so

its within 6yrs

so

go ring EE

quote the account number

and get them to send you details of the last payment date

if they start sprouting about they cant its sold

tell then they marked your file with a default on 10/4/13

and as this is within 6yrs

under

the prevention of fraud act

AND

the Data Protection Act

they must hold data for 6yrs.

ask to speak to a supervisor

else you'll be straight on to the Information Commissioners Office

starting a complaint and will be seeking financial compensation

dx

Thanks - last question.

Do I need to say anything to Lowell about what I am doing?

They are demanding their first instalment and the last thing I want is Baliffs turning up "cant pay well take it away" style?

they are HCEO's

they mainly do only business debts.

IF lowells get any bailiff involved

it will be most probably be a county court bailiffs

they are your friends

esp when you tell them it was already statute barred

and you are going for a set aside.

there is NO right of entry on civil consumer debts passed to bailiffs

 

They are demanding their first instalment and the last thing I want is Baliffs turning up "cant pay well take it away" style?

never going to happen.

Emailed EE last night and received a swift reply today saying that they have no record of any accounts under the numbers provided. Do I need to do down the SAR request now just to be 100% sure before I present this back to Lowell?

I didn't say email I said RING THEM>

dx

Hey,

Spoke to EE (finally) who confirmed that no payments have been made since pre 2011.

A Default was registered in 2013 by Lowell NOT EE which is a bit strange.

checked on one of my old credit reports and the default is definitely registered to Lowell.

Do I now complete the forms to set this debt aside or shall I speak to Lowell,

tell them what they already know and ask them to drop the CCJ?

Cheers all.

Scott

so do as post 2 then

chance your arm tomorrow and ring the solicitors

tell them you are going to set this aside as it was statute barred by the time they issued the claimform

and that you will claim back the £255 fee from them..

however you are prepared to forget about that if they will set it aside by mutual consent FOC now.

oh and one other thing

no EE registered the default when they sold the debt on..., a DCA cant do that .

their name is next to it as their name replaces that of the OC when they purchased the debt.

Thank you.

just so you are forearmed...

They will argue that the statute of limitation runs from the cause of action..

[thinking that you are not very well versed]... .they deem the cause of action as the issuance of the DN[defaulted date] not the missed payment and the statute of limitations states.....

5. Time limit for actions founded on simple contract.

An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

Accrued is a word they tend to disregard when arguing their case ...which of course it accrued from the first missed payment date

just so you can quote this if needed.

it will make them look fools in court if they object to the set aside FOC

and?

please update your thread

dx