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Everything posted by TheCanisLupus

  1. Brilliant, music to my ears. For all the advice and help and everything I've received from everyone on here I can't show my gratitude enough. If I could I'd take you all out for a pint, I would, so thank you all, I wouldn't have been able to have done this without the input. Thank you.
  2. If I pay this outstanding debt outright today for my dad, Lowell should contact the court to say it has been settle but should I contact the court too just to confirm with them that it's cleared as the lass on the phone said that it takes 10-15 days for them to process the outcome from Friday and I just don't want anything getting lost in transition. I.e. I pay the outstanding debt, Lowell and I inform the court but the court just processes the CCJ has been settled not the set aside because the set aside wasn't confirmed/processed prior to clearing the debt?
  3. Ok so the feedback given today was that the judgement has been set aside and agreee with the claimant of 4 repayments over 4 months. As long as the payments are kept to the agreement or paid earlier then the order won't exist. If repayments fail then the claimant can then process the order.
  4. Ah yeah that's the one. Will feedback tomorrow what's been processed with from the court.
  5. Hmmmm ok :/ will find out clarification tomorrow, the judge said about something called a "tolman"? too to the representative.
  6. Ok no problem I'll call them tomorrow and just get confirmation. I didn't receive any paperwork from the courts/judge/representative or anything but as I say after we came to an agreement the judge started typing up the outcome I think to update or close out the case or whichever. I don't think I ever want to go to court again though. Terrifying.
  7. Yeahhhh! that's what I'm lead to believe has occurred. If in doubt am I able to contact the court to enquire about the outcome? I only use Experian for my credit file tbh.
  8. Sorry, it was the terminology the representative said to me and he said that once the outstanding balance would be settled the judgement wouldn't exist
  9. Sorry, yes this was the reason and I think so because the judge asked the representative why shouldn't he set aside the CCJ because Lowell had no evidence to use against me. That's when he told the rep to contact Lowell to get an arrangement organised. Once that was done we went back into the room and the judge wrote the details down etc to process or whichever from his side. Ok that's good to hear, just a shame it'll take six weeks but better than six years!
  10. Hello all, Sorry I've not been on for past couple of month but I was just waiting on a court date which occurred on Friday just gone. Lowell sent an agency solicitor as such, not their own representatives and gave him no evidence to contest my request as such. The judge allowed him to raise some points from my witness statement but because he had no evidence to prove anything against my witness statement he threw us out and told him to get in touch with Lowell to come to an agreement as all this was a waste of his time and everyone involved. So an agreement for repayment was set up
  11. In response to all of the above, EE told my Dad they would separate the contract and set up a new account for my Dad. His poor credit rating meant they couldn't but didn't tell me or my Dad this. Also to that, EE never contacted me about the upgrade being approved despite being the account owner not the contract owner. There are multiple level of failings from everyone in this messy situation. Ultimately I just want my Dad's debt being judged against him not me, I've never been in debt and always paid bills and direct debits on time. I wasn't a "guarantor" either which Lowell's lega
  12. Bugger, I'll start this process today and see what comes of it. And ultimately whether it's beneficial to the situation
  13. How long would it take for EE to carry out the request? And do they actually have to carry it out too? I'm hoping this weekend, once my Dad is back from working away, I'll be putting everything together and sending it out to the court Monday, hopefully what I include and my Dad includes etc. will see fit.
  14. As it was done on the phone, there's no hardcopy of a contract being signed by my Dad. But you're right, any changes would have to have gone through me as I was the account holder but I was never made aware of any changes or contract upgrade from my Dad's mobile number. EE also said yesterday they could see a call was made but no order placed for the upgraded device, and they can't see any contract as it's with Lowell and Lowell say they don't have to provide copies of contracts anyway. If I was to do a Data Protection Subject Access Request, would EE not just reply with "we do
  15. Fair point, they do have correct first and last name and DOB. I do live at the same address and it was him who intercepted it and probably a valid point that the court papers had been served correctly but my Dad failed to notice they were for me or failed to inform they were for me, especially during an on going health issue. I'm slowly starting to feel defeated, and may have to accept the fact I'll have a CCJ on my file, albeit with a certificate of satisfaction as I'll just get my Dad to pay his debt and obviously never give him any finance on my behalf..
  16. True but if the account says Mr first initial second initial surname, then the court order should also have included it, thus preventing any confusion of who letters had been actually addressed to. Same with all previous correspondence from Lowell and Cohen Cramer. Just an outside the box idea to see if there's a loophole to help me out in this messy situation.
  17. He did ignore all correspondence and I do reside at the same address. I have some emails with credit expert about my query with the debt outstanding from June 2015, which may go in my favour I was aware there was a debt against me but I disagreed with it. Radical thought, my dad and I have the same name. If my original phone account included my middle name/initial and the CCJ currently only names my dad as such, no mention of a middle name/initial, could I request the set-aside due to the named defendant being wrong, thus giving me the set aside and the chance to submit a defence wh
  18. Ok so here is a draft of the form, and a statement from me and my Dad, obviously I will print/sign/dating the statement and signing my Dad's one of behalf of him if possible(?) I'll refrain from sending anything to the court or a postal order payment too until I'm advised to do so or otherwise from here. Draft.pdf
  19. True but EE aren't being helpful in the slightest and just state that anything to do with that account is now with Lowell.
  20. I appreciate that, but it was my Dad's bank details on the contract etc. but EE never alerted us to say they couldn't separate his account after they contacted him for an upgrade and not me. EE should have contacted the account holder (me) not the contract holder (my Dad) when selling the upgrade option, but then when my Dad told them the contract is under his son's account, could they create a new one for the upgrade, they didn't confirm this was done or inform to let either of us it failed.
  21. Thank you, I'll try my best to action this out today before I post it off, I'll upload a copy with relevant information removed for protection etc.
  22. Ok no worries. So with Cohen Cramer saying Lowell won't make a decision until they receive a copy of the application for set-aside, should I complete two forms with all evidence I intend to submit and include a statement from my Dad? As he's working away I won't be able to have him sign and verify a statement saying it's his debt and the judgement should be set against him.
  23. Probably a scare tactic from them for payment I presume? Every time I contact Lowell however they say the account has been passed to a third-party collection agency (LCS) but as mentioned, Cohen Cramer said they've taken back control of the account now from LCS. What's the difference of Lowell named as the claimant but the name for payment is Cohen Cramer Solicitors? Just a different branch of the company organisation?
  24. Lucas Credit Services say they had enforcement action to collect payment of the debt but with my contact kept suspending any enforcement action every two weeks. Update from this morning then is as follows; I made contact with the court for the copy of the claim form, they said they'll email the particulars of claim and a blank copy of a claim form, which I have now received. I phoned Lowell as they're the named claimant on the CCJ, for consent to set-aside, who then passed me to Lucas Credit Services, they said they've delayed enforcement action again until the 14.11.16
  25. Wow, thank you so much, I'll start prepping everything over this weekend so come Monday I know exactly where I'm at and get this ball rolling faster. All this advice and guidance is incredible, once again, thank you.
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