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    • I have just received a non mol and the judge who signed it daughter works for the solicitors who applied for it and he also use to work for them I belive he was a partner in the practice  Is that not a conflict of interest? 
    • Hi, we had a council tax debt that was settled in full with our council back in July. However the bailiffs are continuing to pursue us for their fees.  We had an initial incident where the first bailiff had no ID and stated he was from the council and needed to inspect our house (council house). My partner let him in and he started listing items at which point my partner questioned who he was and he then told her he was from Rossendales reference outstanding council tax. After a discussion she set up a payment plan and he left. Things went on and we missed 1 payment, we rang them and explained and they said it was fine if we can pay double the following month to catch up. We agreed but before that date arrived we had a doorstep visit. It all became silly and stressful, i spoke with Rossendales who just were not interested and so rude its hard to not get agitated and stressed so I took out a loan and paid the council directly. I paid the entire debt with them. This did not include any bailiff fees. I logged an official complaint with Rossendales over the conduct.  It transpires that the bodycam from the initial visit was miraculously unavailable and also no complaint was logged by Rossendales, however there are notes on our account regarding the complaint!! With the virus etc I guess this has delayed their action but today I received a phone call saying I have to pay the council tax debt now or they will remove goods tomorrow. I tried to converse and explain what had happened and was shut down, the agent said he wasnt interested, either pay now or I'll visit tomorrow to remove goods, every time I tried to speak, he spoke over me so we got nowhere.    I'm at at a complete loss as to what to do, I cannot raise a complaint with them without evidence and they're not interested in anything other than causing stress and trying to obtain money or goods.   Please can anyone offer advice, do I just need to pay their fees, even with their conduct? Can they still charge fees for a settled debt? What if they do visit? What can they do and what can I do? 
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    • That looks good, you only need a short defence at this point.   You could stick a bit in about them inflating their claim to try to circumvent the small claims limit on legal fees and this is an abuse of process.   I've just read the thread from the start and am still not sure about your point (3).  Is it right that it was a hire car and only you were named as a possible driver?
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Lowell & Carter Solicitors


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Hi all,

 

Firstly Lowell have been sending letters to my address, I know as via the Postcode on back and the PO box....

 

These letters have always been returned to sender, and marked "NOT AT THIS ADDRESS"

 

As they were for our son, who has not lived with us for over 3years...

 

another came today for him and I could see through the window box on the envelope,

 

Northampton courts...

.. Now know the sly under hand here, as he clearly does not live with us...

. They have purchased a debt from orange..

. so now they want to secure the debt via the courts....

 

Do we or our son have anyway to address this, underhand way of giving him a bad credit file..

.. as they are addressing him to living at this address.

. Which he clearly does not..

... Not on electoral role either.....

 

He is prepared to make an offer of something, but it's the way this is going,

 

If i did not open the letter (Wrong I know)... it would of gone back, then they would of just proceeded to court...

 

Any ideas... Thanks

Edited by sully123
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Morning All.... Plenty of views... No Idea's ?

 

Are they allowed to proceed to county courts, without checking if said person lives at address?

 

As stated, Son has not lived with us for over 3 years!

 

If I never opened the mail, he would be none the wiser.... When I can find out where he is, he will more than likely make some offers...

 

This surely is wrong.... with all mail be returned to sender...

 

Any help or idea's appreciated

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it is your sons responsibility to update creditors upon where he lives

 

if he has not done this

 

then sadly its his fault

they have served to the address where he took the contract out at

 

you need to deal with the claimform.

 

plenty of carter/mobile court threads here already

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Service at a last known address is valid service.

 

Debtors often lie or try and evade service by sending letters back "Not at this address" when actually they still are.

 

Forward the letters to your son to deal with them.

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How would he know they served at the address where he took out contract.... when he no longer lives there......

 

To serve upon my address, and presuming he lives with us is that not wrong?

 

How does he deal with the claim form.... he does not know he has it?

 

I only opened... (Wrongly I know) ... but I seen the Northampton bit through the envelope window...

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How would he know they served at the address where he took out contract.... when he no longer lives there......

 

To serve upon my address, and presuming he lives with us is that not wrong?

 

How does he deal with the claim form.... he does not know he has it?

 

I only opened... (Wrongly I know) ... but I seen the Northampton bit through the envelope window...

 

 

 

If your address is the last known address for your son that they have on file and he hasn't updated his creditors then service is technically valid.

 

If he gets a CCJ because you don't forward his post to him he'll have to apply to Court to have it set aside.

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as said it is down to the debtor to always update addresses if they move.

 

sadly its not wrong to serve on last known address

or the address where the contract was taken out at.

 

he needs to deal with this

 

there are strict time limits.

 

carter can easily be buffed off

 

with the correct defence if there is a dispute.

 

where is your son?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The house we live in now, we only been here since September..... Son has not lived with us for the past 3.5 yrs..... The contract address was when he lived with us at not last address but the one before.....

 

We just don't get on, sadly! We really need to resolve our differences (Now he is a much better person, I should make first move)

 

I will get his brothers to update him, and advise him to call carters and make a full and final settlement offer..... as they no doubt bought the debt for peanuts

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pers I wouldn't be offering carter anything

 

defend the claim

 

in the main, on mobile claims

 

carter either runs away or discontinues when challenged

 

dx

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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register with mcol

 

then use the password on the claimform

 

and defend all

 

have a read of a like thread in this forum

 

lots here on carter/mobiles

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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