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cortez796

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  1. My daughter attended court and the judge has granted set aside but she has to supply the court with reasons for and any supporting documentation she may have, with a copy going to the claimant. This has to be at the court before 4pm on Christmas Eve. Would the reasons that she has to supply to the court be the same as I have already posted above and is there any special format this should be written in?
  2. As it stands at the moment no until I receive a reply from Orange, which is proving to be rather difficult. Would Lowell also have to prove that it's not statute barred?
  3. Will this be OK for the set aside defence:- Reasons I would like judgement set aside. 1. I came back from holiday at my parent’s caravan and on opening my mail I found a letter telling me that I had a default judgement against me. At no time had I received any communication from the court telling me that this was going to court. 2. Looking into this further apparently it is a mobile phone debt with Orange. I had a mobile phone contract with Orange from approx. 2007 until 2014 when I changed my contract to Vodafone and at no time had I had any communication from Orange telling me I was in arrears. 3. Having checked my credit file there is a default showing in 2010 to Lowell Portfolio for £93, I had no idea who this company were and I have never had any dealings with them. I now know Lowell have bought the alleged debt from Orange. 4. I believe the alleged debt would be statute barred as apparently the last payment made on this account was July 2009. 5. I have requested further information from Orange regarding this but as it stands I have had no reply. I do not recall having received any communication from Lowell as I don’t have any dealings with this company, any mail I may have received I would assume was junk mail and put it straight in the bin. rt
  4. Thanks for your replies. The issue date of the original claim was 21st August 2015, according to the information I have received, although verbal, the last payment was made in July 2009. Do you think this would be statute barred?
  5. Don't have paperwork to han pretty sure it was around 20th September. Judgement creditor is Lowell Solicitor is Bryan Carter Thanks
  6. From what I can gather she came back from holiday in September or thereabouts in the mail was a default judgement for nearly £500 regarding a mobile phone bill. She had not received any forms from the court prior to going on holiday, she may have received letters from the DCA but she can't honestly remember if she did or not because as far as she was aware she did not owe any money to any phone bill. On looking further into it she had a default on her credit file for £94 on contacting the claimant apparently the last payment she made was in 2009. She has not been able to get any details from Orange as they have now combined with EE. She was advised by somebody else that she should go for set aside who she no longer has any contact with.
  7. Attending court on Friday with my daughter with regard to a set aside. Been dropped in it basically, what do i need to do, not done this before.
  8. Thanks for the replys guys. This is in relation to my other thread about my mortgage shortfall. I have not had any letters yet I just want to be ready if that is the way the mortgage company go. As for my other thread I will update that shortly as I receive the info I have asked for. Cortez.
  9. Just a quick question,do I have to be given notice of when they will attend my home.
  10. The dates would be more or less correct - late 1991/early 1992 was the date of the repossession and sale of the property, as we moved into our present property in March 1993 and we had temporary accommodation previous to that for about 6-8 months. When we first heard about the CCJ we did approach a solicitor who really didn't seem to be that interested and more or less said that because we had made payments since the repossession, they were correct in what they were doing but there was nothing we could do basically and neither myself or my wife had no knowledge of court procedures. If this were to happen now, we are a lot wiser. As regards the bankruptcy in January 1995, after being questioned by the Official Receiver, again not knowing procedures, I probably assumed that any debts would be written off. I don't even remember whether I would have known about the shortfall at that time or assumed it was paid off as we had paid a mortgage indemnity fee. I have been in touch with the insolvency service and they have asked me to send as much paperwork as I have as they think I should not have been issued with an Attachment of Earnings, as the building society should have been aware of the bankruptcy and the shortfall on my part should have been included. One of the main problems I have at the moment is when this goes back to court, if they should issue another attachment on me, I will lose my job and at my age, 62 and with some disability, i.e. I have skills but am unable to use them due to disability, my job prospects are probably nil. As for my wife, after being made redundant last year, she is into the last month of a 4 month temporary contract which ends 31/5, I think she also will be struggling to find work. I think the West Bromwich Building Society have been very underhanded in the way that this has been dealt with, waiting 12 years plus, before taking it to court and putting on £28,000 interest or thereabouts, as what both myself and my wife has paid on the Attachment of Earnings and previous payment, would have been more than the original shortfall.
  11. The ccj is for a mortgage shortfall from 1991/1992 which was about 7000, which when taken to court in 2005 had gone up to 32000. We did pay some money off the original amount but the first we knew about the CCJ, was when we got a letter to say it was being transferred to our local court for the ATO. We have written to the west brom on many occasions over the years but have never gotten any reply. I also was made bankrupt in 1995 and the insolvency service seem to think it should have been included in my bankruptcy.
  12. Sorry if this is not in the correct forum, and hope i can get some help on this. My wife and I have been served with the above paperwork this morning, this relates to a ccj from 2005 which resulted in an attachment of earnings order for both of us. I am not sure if the ccj is joint or not as we both have separate paperwork from the court although ref no are the same. I stopped paying the ATO when i was made redundant in jan 2008 and have not had any correspondence of any sort within that time. My wife stopped paying hers when she was made redundant in may last year and has been doing temp work as and when. What I need to know is can they still enforce the ccj on me as no contact has been made or enforced for over 6 years. Also as the paperwork for my wife was given to me is it classed as being served on my wife. Thanks in advance for any replies.
  13. I can not thank you enough for the wording of the letter to Bh as I was struggling to put into words what i wished to say. I will get this sent tomorrow and keep you posted on any reply. Thanks again. Corte
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