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    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? There was no inventory when I moved in, I also didn't have to pay a deposit. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc.      
    • extension? you mean enforcement. after 6yrs its very rare for a judge to allow enforcement. it wont have been sold on, just passed around the various differing trading names the claimant uses.    
    • You believe you have cast iron evidence. However, all they’d have to do to oppose a request for summary judgment is to say “we will be putting forward our own evidence and the evidence from both parties needs to be heard and assessed by a judge” : the bar for summary judgment is set quite high! You believe they don't have evidence but that on its own doesn't mean they wouldn't try! so, its a high risk strategy that leaves you on the hook for their costs if it doesn't work. Let the usual process play out.
    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject. My original CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  at a loss as to why the sudden loss of response from them. Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.
    • whats the court claimform for? return of goods order? please complete this:  
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Mobile phone debt sold to Lowell


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I have recieved a card through the door from Lowell so I rang them to see who they were. They said they have bought a T mobile debt from my old address years ago (although not sure if it was more than 6) for £120.

Ive checked my credit report with the 3 agencys and there is nothing listed (yet!) no default nothing.

I think I read somewhere that you cant cca mobile phone companys so what options are available to me.

Should I just pay it?

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lowells probably bought a batch of these debts for a £1 each

 

mobile phone bills dont come under the CCA law

 

if its within the 6 years rule, you could negiotate start at 10%, offer them £12 if you want them off them off your back. I wouldnt pay it personally as there is no chance of court action and just bin their poxy worthless letters.

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I am just worried as I am trying to rebuild my credit history.

I only have one default on my file from 2002 so that will be gone soon so I just didnt want another one plonked there for the next 6 years!!

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They asked me on the phone for 3 monthly payments of £40.

 

They said this is the minimum payment they will accept and stupidly I gave them my card details to take first payment on 27th of this month!!

 

I dont even know if I do owe t mobile anything, I just panicked and agreed as I didnt want another default.

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They asked me on the phone for 3 monthly payments of £40.

 

They said this is the minimum payment they will accept and stupidly I gave them my card details to take first payment on 27th of this month!!

 

I dont even know if I do owe t mobile anything, I just panicked and agreed as I didnt want another default.

 

Cancel the payment, NOW and dont ever give them a card as they can take any amount they like.

Best thing is to advise bank you have lost the card and get a new one and inform Lowell that payment is now cancelled due to losing card.

I agree. Get Clownells to provide you with written proof that you actually do owe the money. Remember the golden rule NEVER SPEAK TO A DCA ON THE PHONE. Keep everything in writing

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They will use every trick in the book to try and get money out of you. The monkeys who work in the call centres get paid commision for every penny they can get out of you. They will get you to agree to pay more than you can afford and make all sorts of threats about baliffs, doorstep callers and threats of court. Most of which are downright untruths. If you keep everything in writing then you have proof what you agreed. Never give them Debit Card details or sign a direct debit as som of them have been known to take more out than you agreed. If they prove you actually owe them money then pay them either by postal order or standing order. That way YOU remain in control.

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i have cancelled my card and i will write to request proof that they actually own the debt....although not sure what to say yet!

Here you go with a curlyben special. Adapt to suit

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply

Knowing Clownells they will ring you and say you have made a verbal agreement that you owe the money and they have you on tape and will take you to court etc etc. TOTAL HOGWASH. Make THEM prove it

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