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    • I am about to file an N244 and was looking for some advice.    Lowell filed a back door CCJ on me at my previous address whilst chasing me at my correct address for a different debt. They are also claiming for two unrelated agreements with two separate companies on the same CCJ.  They obtained a judgement by default in November 2020 which came to my attention on 26/07/21 when I checked my credit record.    Particulars of claim: 1)THE CLAIM COMPRISES THE FOLLOWING AGREEMENTS THE DEFENDANT ENTERED INTO: A. BT PLC WITH REFERENCE ********* AND CURRENT BALANCE OF £299.51 B. VODAFONE FINANCE UK LIMITED WITH REFERENCE ******** AND CURRENT BALANCE OF £135.92 THE AGREEMENTS WERE TERMINATED AS PAYMENTS WERE NOT MAINTAINED AND SUBSEQUENTLY ASSIGNED TO THE CLAIMANT. AND THE CLAIMANT CLAIMS: A) THE TOTAL OF THE SAID SUMS BEING £435.43 B) INTEREST PURSUANT TO S69 COUNTY COURTS ACT1984 AT THE RATE OF 8% PER ANNUM FROM THE DATE OF ASSIGNMENT TO THE DATE OF ISSUE, BUT LIMITED TO ONE YEAR, BEING £34.83 C) COSTS   So I need to break down this into a usable witness statement:   I did have letters from Lowell at my current address prior to the CCJ but no longer have them. I have emails from January 2021 and subsequent emails in April 2021 and June 2021 where Lowell include my current and correct address.    Realising that I no longer had the letters from pre the date of the judgement, but they had written to me, I called Lowell on a recorded line in relation to a 3rd debt not mentioned in the judgement:   Lowell confirmed that they previously had my current address on file, but it had since reverted to my previous address as there was no contact at my current address. I pointed out that I had emails from as recent as June this year where they included my current and correct address. The agent confirmed that they had reverted to using my previous address as of 26/07/2021. The same day I found out about the judgement and spoke to their representatives Overdales.    I believe this is grounds for a mandatory set aside as the claimant had my correct address and acted negligibly by sending it to my previous address.   In any event, we had a long history of communicating about the disputed debts over email, I had specifically requested that they contact me regarding these debts only by email.     I wrote to the claimant to request consent for the set aside on these grounds, they refused and declined to give any reason for their decisions when asked.    In case the judge doesn't see the evidence the same way I do, I want to also submit a draft defence.    If you could help me to word the below better I would be grateful:   I admit that I have had an account with BT but do not recognise the account they are claiming for. I settled an account in full with Lowell for a debt with BT in 2018 and deny that I owe them any further money.   I do not recognise any debt to Vodafone.    The two agreements mentioned in the particulars of claim are from two unrelated agreements that relate to two separate companies for unrelated products or services. In order to defend each case on its own merits there should two separate claims issued by the claimant, each with their own supporting evidence.     What do you think my chances of succeeding are?  
    • Thanks for your time and advice dx its very much appreciated. sometimes I get a panic on and think everything is going to happen all at once. In just need to take a step back and soak everything in 🤔   Thanks again dx   G
    • These were hand delivered with a stamp from a gentleman from the company mentioned. I wait to see if the court will give an order of substituted service 
    • if they were serious then once pers service fails they can 1st class post them. obv just done to scare you then.    
    • Hi DX. Small update. IDR using a private investigator company ABI to attempt to deliver a SD. I didn’t entertain this nor did I set it aside. Waited a few weeks and the same investigator attempting to deliver a Bankruptcy Petition. Again will not entertain.    im actually shocked and in disbelief that Mr Coyle and his firms would go to great lengths when they know they are not following the correct laws.    it will be interesting to see the future 
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Please help-I think I am going Bankrupt


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Hello.

 

For 4 years me and my partner have ignored letters and letters from companies asking for money. So bad we totally lost track. Recently the letters have been getting nasty and are all from solicitors/debt collectors/courts etc....I think we both have 2 CCJs each and we both have terrible credit history. We have never paid minimum monthly payments on anything for 4 years.

 

One letter we have is something about statuatory demand of insolvency act for over £8000.

I dont even know who we actually owe money too because up until now we have just thrown the letters away.

Im guessing owe over £25,000.

We have rubbish paid jobs and live day by day, but we are fully employed and receive no benefits of any kind.

Im struggling to get hold of the citizens advice, and the CCCS needed to know exactly what we owe and who to.

Trouble is I need to see someone face to face who can say right, this is your options, make a decision and they will take care of it for us.

I cant afford a private solicitor so what do I do? :confused:

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Hi, you have come to the right place.

 

The first question you need to answer is do you own your own home? Or have any other assets?

 

You will need details of who you owe what to if you do let the creditor with the £8000 petition for bankruptcy. It is possible that the SD is being used as a threat only - this seems to be happening a lot - however if you do decide you want to oppose it you will need to act quickly.

 

If you can give a rough breakdown of who is owed what and whether it is credit cards, loans or whatever there may be other ways out of your situation.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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