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sneaky ccj - carter on orange debt - help with set aside


cortez796
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Can you give more info on whats happened prior to this please

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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From what I can gather

 

 

she came back from holiday in September or thereabouts

 

 

in the mail was a default judgement for nearly £500 regarding a mobile phone bill.

 

 

She had not received any forms from the court prior to going on holiday,

she may have received letters from the DCA but she can't honestly remember if she did or not

because as far as she was aware she did not owe any money to any phone bill.

 

 

On looking further into it she had a default on her credit file for £94

 

 

on contacting the claimant apparently the last payment she made was in 2009.

 

 

She has not been able to get any details from Orange as they have now combined with EE.

 

 

She was advised by somebody else that she should go for set aside who she no longer has any contact with.

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Thread moved to the appropriate forum.

 

If you could provide a few further details cortez796

 

Date of Judgment

Judgment Creditor

Solicitor

 

Regards

 

Andy

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Don't have paperwork to han pretty sure it was around 20th September.

 

Judgement creditor is Lowell

 

Solicitor is Bryan Carter

 

Thanks

 

:roll: Well apart from the none receipt of the claim ...and the fact that it may be statute barred (over 6 years without payment acknowledgment) there is very little else you need to do to prepare...you have got to the hearing stage so the court thinks there is reason to hear the application.

 

Check the dates more closely though ...Judgment was granted in Sept 2015...so the claim was probably issued July Aug...so the last payment in 2009 would have to be pre July Aug

 

Regards

 

Andy

We could do with some help from you.

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Will this be OK for the set aside defence:-

Reasons I would like judgement set aside.

 

1. I came back from holiday at my parent’s caravan and on opening my mail I found a letter telling me that I had a default judgement against me. At no time had I received any communication from the court telling me that this was going to court.

 

2. Looking into this further apparently it is a mobile phone debt with Orange. I had a mobile phone contract with Orange from approx. 2007 until 2014 when I changed my contract to Vodafone and at no time had I had any communication from Orange telling me I was in arrears.

 

3. Having checked my credit file there is a default showing in 2010 to Lowell Portfolio for £93, I had no idea who this company were and I have never had any dealings with them. I now know Lowell have bought the alleged debt from Orange.

 

4. I believe the alleged debt would be statute barred as apparently the last payment made on this account was July 2009.

 

5. I have requested further information from Orange regarding this but as it stands I have had no reply. I do not recall having received any communication from Lowell as I don’t have any dealings with this company, any mail I may have received I would assume was junk mail and put it straight in the bin.

rt

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point 4 is all you need.

the rest is just a repeat of the same other things written in different ways

 

 

can you PROVE its statute barred?

 

 

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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Will this be OK for the set aside defence:-

Reasons I would like judgement set aside.

 

1. I came back from holiday at my parent’s caravan and on opening my mail I found a letter telling me that I had a default judgement against me. At no time had I received any communication from the court telling me that this was going to court.

 

2. Looking into this further apparently it is a mobile phone debt with Orange. I had a mobile phone contract with Orange from approx. 2007 until 2014 when I changed my contract to Vodafone and at no time had I had any communication from Orange telling me I was in arrears.

 

3. Having checked my credit file there is a default showing in 2010 to Lowell Portfolio for £93, I had no idea who this company were and I have never had any dealings with them. I now know Lowell have bought the alleged debt from Orange.

 

4. I believe the alleged debt would be statute barred as apparently the last payment made on this account was July 2009.

 

5. I have requested further information from Orange regarding this but as it stands I have had no reply. I do not recall having received any communication from Lowell as I don’t have any dealings with this company, any mail I may have received I would assume was junk mail and put it straight in the bin.

rt

 

Should be okay ...two angle approach none receipt of the claim form and also statute barred.......but just to nail it you should find out if a default notice was ever issued if you can before the hearing...if not they are in trouble ...if so then it must be dated August.

 

And yes it is for claimant to prove its not statute barred...not you to prove it is.

 

 

Andy

We could do with some help from you.

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whats this comment about?

 

 

on contacting the claimant apparently the last payment she made was in 2009.

expand please

 

on a std claim - its for a claimant to prove a debt is not SB's not for you to prove it is.

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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Share on other sites

The claimant being the DCA, who will lie through their teeth. The claimint in question is also well known for inventing false payments to an account in order to suggest the debt isnt SB

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Will this be OK for the set aside defence:-

Reasons I would like judgement set aside.

 

1. I came back from holiday at my parent’s caravan and on opening my mail I found a letter telling me that I had a default judgement against me. At no time had I received any communication from the court telling me that this was going to court.

 

2. Looking into this further apparently it is a mobile phone debt with Orange. I had a mobile phone contract with Orange from approx. 2007 until 2014 when I changed my contract to Vodafone and at no time had I had any communication from Orange telling me I was in arrears.

 

3. Having checked my credit file there is a default showing in 2010 to Lowell Portfolio for £93, I had no idea who this company were and I have never had any dealings with them. I now know Lowell have bought the alleged debt from Orange.

 

4. I believe the alleged debt would be statute barred as apparently the last payment made on this account was July 2009.

 

5. I have requested further information from Orange regarding this but as it stands I have had no reply. I do not recall having received any communication from Lowell as I don’t have any dealings with this company, any mail I may have received I would assume was junk mail and put it straight in the bin.

rt

 

I don't like the part in paragraph 5 where your daughter says she just binned letters without reading them.

 

The Court will have served your daughter with the Claim Form at the same address that she was served the with the judgment. She doesn't want the Judge to think she binned the Court papers by mistake without reading them.

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Yes...perhaps best to remove that part cortez796

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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My daughter attended court and the judge has granted set aside but she has to supply the court with reasons for and any supporting documentation she may have, with a copy going to the claimant.

 

This has to be at the court before 4pm on Christmas Eve.

 

Would the reasons that she has to supply to the court be the same as I have already posted above and is there any special format this should be written in?

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Thanks for your replies.

 

The issue date of the original claim was 21st August 2015, according to the information I have received, although verbal, the last payment was made in July 2009.

 

Do you think this would be statute barred?

 

 

urm this might be tight on sb?

 

 

the claimform is usually issue +33 days before the judgement.

 

 

the issuing of a claimform stalls the sb clock

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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Share on other sites

Who told you that the last payment was made in July 2009? Was it the DCA?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Share on other sites

Do not take their word for it. They are known liars. Go through the oc and your bank.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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