Lowell & Carter Solicitors

[sully123]

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 April 25, 2014 by sully123
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[sully123]

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

[dx100uk]

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

[Ganymede]

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.

[sully123]

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...

[Ganymede]

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.

[dx100uk]

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

[sully123]

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

[dx100uk]

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

[sully123]

Thanks for the input all, much appreciated...

 

So how do we defend?

 

Is it a case of filling in the thing from the courts.... and deny all claims..

[dx100uk]

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