Help! Unknown CCJ by Lowell portfolio on 3 mobile debt - now Bailiffs at my door

[Clueless76]

Hi,

 

I'm new here and hope someone can help me as the clock is ticking!

 

I had a bailiff from the county court attend my house.

 

To cut a long story short,

 

I have to pay £172 to avoid goods being removed and there's a further £364 to pay.

I never received the paperwork from the county court when judgement was entered otherwise I'd have acted then.

 

I have had this held for 2 weeks as I wrote to Lowell and sent a postal order requesting a credit agreement

and statements as to how they arrived at this figure as I thought the contract I had with 3 had ended (this was in 2011).

 

I received the postal order back stating that although they own the debt, it's being dealt with by fredrickson

- I've never had any correspondence from them!

 

They also said its for a service so not subject to CCA, I've yet to receive statements.

 

So, the bailiff contacts me today and I have until tomorrow to pay the £172 or £155 to have judgement set aside,

do I have any chance of getting this removed,

 

I don't want to risk losing the £155 to apply to have it set aside but

at the same time, I don't want to pay until I have an actual figure and it doesn't seem right that Lowell are passing responsibility to fredrickson

who have never contacted me and it states Lowell on the warrant

 

- I'm stressed to he with this,

 

 

any advice would be gratefully received!

Thank you in advance

[dx100uk]

Lowell and freds are the same company.

 

very rare lowells get court bailiffs involved esp for £172!!

 

somethings not right here

 

why did you not get the claimform/CCJ?

 

was it served to an old address?

 

 

dx

[dx100uk]

you can get the CCJ number from your credit file

see noddle below its free

and prob details of the debt too

 

 

then ring northants bulk and get the address details from the CCJ

and its date

if they can send you a copy all the better

 

 

dx

[Clueless76]

Hi

 

Thank you for replies.

 

I had read other posts and saw that it was rare they would take action..

.just my luck that it's me with the big fat CCJ I'm now stuck with for the next 6 years

 

The bailiff said that fredrickson are a private bailiff and they could double the amount owed.

 

I rang Northampton and they said once it leaves them it's in the hands of Royal Mail so chances are it got lost in the post,

the judgement was entered in October 2014.

 

Total debt is £500+ they are asking for £172 now and the remainder later

 

. I could cry...there's no way I had a bill that big on a contract that ended.

 

I feel like I'm being bullied, too many companies involved.

[unclebulgaria67]

Hi

 

Thank you for replies. I had read other posts and saw that it was rare they would take action...just my luck that it's me with the big fat CCJ I'm now stuck with for the next 6 years

The bailiff said that fredrickson are a private bailiff and they could double the amount owed. I rang Northampton and they said once it leaves them it's in the hands of Royal Mail so chances are it got lost in the post, the judgement was entered in October 2014. Total debt is £500+ they are asking for £172 now and the remainder later. I could cry...there's no way I had a bill that big on a contract that ended. I feel like I'm being bullied, too many companies involved.

 

You should have had a letter from the bailiffs 'notice of enforcement' giving you 7 day to make arrangements to pay.

 

 

If you did not receive the letter, you would not have to pay the enforcement fee of £235.

It would just be the compliance stage fee of £75 plus the amount of the CCJ.

 

http://www.adviceguide.org.uk/wales/debt_w/debt_action_your_creditor_can_take_e/bailiffs_e/stopping_bailiff_action_e/stopping_bailiff_action_-_your_options_e.htm

 

This link above should help you.

You can apply to your nearest County court to stop the bailiff action by completing form N245 and asking to pay in instalments.

 

http://www.adviceguide.org.uk/wales/debt_w/debt_action_your_creditor_can_take_e/bailiffs_e/stopping_bailiff_action_e/applying_to_court_to_stop_bailiff_action_e.htm

 

You can of course decide to apply for the CCJ to be set aside,

but you would need to make a case about the debt not being owed or there being a problem with it.

 

 

It cannot just be that you did not receive the court claim,

unless you find out that the court were given a wrong address and Lowell/3 mobile had the correct address.

[dx100uk]

what address was the Claimform served too please

 

 

fredrickson are a NOT private bailiff

 

they are a no powers DCA and can add nothing to the CCJ debt

 

dx

[Clueless76]

what address was the Claimform served too please

 

 

fredrickson are a NOT private bailiff

 

they are a no powers DCA and can add nothing to the CCJ debt

 

dx

 

The claim was served to my home address where I have lived for the last 14 years but I never received it.

 

The county court bailiff turned up to my home address.

I was supposed to call him today with a decision but haven't had time.

The window of opportunity I have to contact them is 10am - 2pm, not helpful when I work full time.

 

I've looked at the link provided so will go through the options on there.

 

I looked at noddle but it asks for card details and I'm dubious about entering my card number into a website

especially when it asks for the security code on the back.

 

I'm not confident with this one, it seems that there are too many firms involved

and I don't trust them to give me the info which, so far, they haven't.

 

It's a lot of money to cough up in a short amount of time

and I haven't even seen a breakdown of how they arrived at this figure.

 

I feel well and truly shafted

[2ltr16valve]

Noddle is okay to put your card details into, it's just to verify your details age and address. They do not take any money

[dx100uk]

well you are not shafted

 

to me this looks very suspect

 

you should have received a letter before action

a claimform

and the CCJ.

 

if you got none of those

and you've not moved in 14yrs then someone has pulled a fastone on you.

 

perfect reason to set the CCJ aside.

 

 

get the N244 form for the set a side and N245 should suspend all enforcement

Edited April 9, 2015 by Andyorch
N244/245

[dx100uk]

hows this going?

 

 

dx

[Clueless76]

Its all gone quiet on this front,

 

 

I spoke to the bailiff and he was adamant that I either had to pay up or pay to set aside,

told him I would have a think about it and call him back.

 

 

That was 2 weeks ago, I haven't called and neither has he

which I find unusual because these people are usually relentless!

 

 

I received a response back from Lowell along with the £1 PO I sent

they stated they weren't handling the account and it was fredrickson,

 

 

I told them it was their name on the court letter so they had a duty to supply the info,

instead they said it wasn't bound by CCA as it was for a mobile phone.

 

 

got another letter yesterday from a DCA called BPO who are now trying to collect and this is for a different amount again.

..to be honest I am just going to ignore them for now, my Blemain battle is the one that is getting prioritised!

 

Out of curiousity, do you think the court have passed it back to Lowell?

[dx100uk]

no good sending a CCA request

 

 

urm.. this Is more important than blems

 

 

get that set aside done.