Lowells unknown CCJ/bailiffs, catalogue debt - set aside hearing weds - help!!

[dx100uk]

the details in the ccj should tell you

either be shop direct

or

jd Williams I bet.

 

ask for a copy of the ccj, if you've not got the ccj number

 

you might have to goto www.trustonline.org.uk and pay £4 to get it.

 

dx

[dx100uk]

that from northants court btw!

 

dx

[dingle29]

Ok thanks, I will get onto that today. Many thanks again, I just want this sorting out.

[dingle29]

I contacted Northants bulk yesterday, the original creditors were Shop Direct.

 

Northants are going to send me a copy of the CCJ paperwork.

 

I explained to her that I never received the original to which she replied we only ever send one original for you to complete

and send back.

 

I asked if this was sent recorded and she said no just ordinary mail.

 

I expressed my concern at this at this and was told that was just the way they work.

[HCEOs]

Just for info dangle29, all court paperwork is sent using Royal Mail.

 

In accordance with the Civil Procedure Rules this is accepted as "deemed served" after a few days depending on whether sent 1st or 2nd class and when posted (i.e. weekends do not count).

[tomtubby]

In the case of 1st class mail, items of post are deemed served 2 working days AFTER the date of posting and in the case of 2nd class mail, deemed served 4 working days AFTER the date of posting.

[dingle29]

I received a copy of the CCJ letter on Saturday morning that I requested from Northants.

 

I last spoke to the bailiff on Thursday and he asked me if I would call him back today to update him.

 

I am still awaiting info from Lowells.

 

Any suggestions on what I do about the bailiff?

 

He has been quite helpful but I just feel on tender hooks over all this.

[dx100uk]

is the address correct on the CCJ?

 

dx

[dingle29]

Yes the address was correct .

[dx100uk]

darn I was hoping it was sent to the wrong address.

 

rigt did you ever get that cra file

we need to know when you took this cat out

and when your last payment was?

 

noddle cra file should tell you that. see below.

 

did you send that sar to the cat company?

 

we need that info PDQ too?

 

thinking it MIGHT of been statue barred at time of CCJ?

 

or if this bal ismostly PENATLY charges or saytheir PPI

 

you might have to agree to pay this then get it back by reclaiming?

 

unless anyone else has any ideas?

 

don't think theres any chance of a set aside now

unless the figure from shop direct was VASTLY inflated by DCa charges too?

 

so wrong amount on claim form?

 

dx

[dingle29]

hi

 

hi thanks for replying I have had a look at my file.

 

I originally took the cat out in November 2005.

 

On my file there are 2 separate entries for Shop Direct.

 

1st one shows last payment was made April 2009 and is showing as settled on my credit file,

 

the 2nd one is showing that last payment was made February 2008 and is showing as 0 balance.

 

Then there are 2 entries made by Lowells,

1st showing an opening balance of £89

-default sum 11/03/2009,

closing balance £234

and lifetime change £145,

showing as defaulted in September 2010.

 

2nd entry is showing opening balance of £247,

closing balance £518

and lifetime change £270.

 

I havent sent a SAR, I will send one off tomorrow asap.

 

I sent a CCA request on 25th October to Lowells but not sure I am going to get anywhere with that

as I have heard nothing back yet.

 

Previously been advised that the CCJ will overrule this.

 

I got a copy of the

-Judgement for claimant from Northants

and it is showing an amount £438.62 plus £80 costs totaling £518.62.

 

Do you think I should call bailiff and tell him I am sending a SAR off?

[dingle29]

I have just spoken to the bailiff and told him of my intention to send the SAR tomorrow ,

he had no idea what a SAR was,

I had to explain to him.

 

He then went on to say it is all well and good trying to find out more information

but I would be aswell fighting it in court and paying £80 to have the judgment set aside.

 

He then said he needs to hear something by the end of the week.

 

Any further help would be greatly appreciated thank you.

[dingle29]

Do you think that I should apply for a set aside at this stage? And can the cost of this

be reclaimed? is there help available for the cost of this?

[dx100uk]

can you scanup the CCJ front page with the judgement please

 

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

*************************************************************

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[dingle29]

hi thanks

 

Here is my doc, there was no bar codes on it, I have edited pers info etc out of it. Hope you can read it.

[tomtubby]

If you are on benefits you may be entitled to exemption from paying the court fee. You will need to download a copy of the EX160 form and notes from the HMCS website.

[dementedfeline]

If you are on benefits you may be entitled to exemption from paying the court fee. You will need to download a copy of the EX160 form and notes from the HMCS website.

 

This form has recently been updated and the application form and notes are now combined into one document EX160A - the first one on the list here http://hmctsformfinder.justice.gov.uk/HMCTS/GetForms.do?court_forms_num=ex160&court_forms_title=&court_forms_category=

[dingle29]

Many thanks

[dingle29]

Hi,

today I received a response from Lowell Portfolio regarding my CCA request.

 

At the top of the letter they have listed 2 separate accounts numbers with shop direct.

 

The letter then goes on to say that the account reference number which was provided on my letter does not refer to any account that they hold in my name.

(The reference I put on my letter was the ref that Dryden Fairfax gave me.

 

Seems strange that Lowell couldn't marry this up with any accounts they hold for me.

 

The letter then asks me to confirm by return which account I require a copy of the agreement for so that this can be requested from the original creditor.

 

Any advice would be appreciated.

 

Thank you.

[dx100uk]

so the muppets got a default judgement with NO paperwork!

[dingle29]

Its looking that way, its causing me alot of stress all this. Still havent heard from the courts yet re: set aside application.

[dingle29]

Can anyone help?

 

I have had all the paperwork returned from the court today re: set aside application. I have applied for a fee remission because I am on a low income. They have refused it because they need proof that I receive child benefit for my 2 children. I did provide all the evidence they asked for including 3 months worth of bank statements that shows my regular payments of Child Benefit. I have contacted the Child Benefit office today and they are going to send me an award letter , however they advised me that this can take up to 2 weeks and they cannot send them electronically. This concerns me as the clock is ticking with regards to the set aside . Any advice would be good . Thank you

[ploddertom]

You should ask that the documents are processed while you wait for the Award Notice. Alternatively if you can afford pay the Fee and reclaim it when the notice comes.

[dingle29]

hi

 

I have my court date this Wednesday 26th Feb at 10am with regards to applying to have the judgement set aside.

 

Today I received copies after months of waiting from Dryden fairfax of all the letters regarding the debt that they apparently sent me.

 

They have also sent me a copy of their witness statement and

a copy of a credit agreement that I signed almost 7 years ago.

 

I really do not know what I need to do with this as

 

I have never received any of these letters from them in the past

 

nor did I receive any CCJ paperwork.

 

I feel I am stuck with this and with the court date being this Wednesday

 

I am now feeling very apprehensive.

 

Any advice and help would be greatly appreciated.

[dingle29]

Also they have attached another person's court of appeal paperwork, has details of their whole case plus names and addresses.